Venue: Committee Room, Town Hall, Scarborough
Contact: James Edward Mowbray
Election of Chairman
To elect a Chairman for this meeting.
RESOLVED that Councillor Roberta Swiers be elected Chair of the meeting.
Members are reminded of the need to consider whether they have a disclosable pecuniary, prejudicial or other (personal) interest to declare in any items on this agenda. Details of any interest must be declared at the start of the meeting or as soon as any interest becomes apparent during the meeting. The attached form must also be completed. Any advice required should ideally be sought before the day of the meeting.
There were no declarations of interest.
Exclusion of the Public
To consider the following motion:-
"whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act). Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act.”
The applicant did not make any application for the exclusion of the public.
To consider a report by the Environment & Regulation Manager (Report Number 19/203 attached).
This report seeks the determination by the Licensing Sub-Committee of a Private Hire licensing application for a vehicle that does not comply with the standard criteria as stated in the Council’s Taxi and Private Hire Policy (“the Policy”).
The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report 19/203). The Committee also had site of all of Appendix A which included the renewal application, a covering letter in support from the applicant and Appendix B, the MOT test certificate.
The Councillors undertook an inspection of the vehicle in the car park.
i) Oral Evidence and submissions received from Adrian Smith and Alison Leddon (also for Abbey Taxis).
RESOLVED that the application be granted.
The sub-committee notes the following sections of the policy:
1.10 This policy sets out the requirements and standards that must be met and in exercising its discretion in carrying out its regulatory functions the LA shall have regard to this document. However, each application or enforcement measure will be considered on its own merits.
1.13 Notwithstanding the existence of the policy, each application or enforcement measure shall be considered on its own merits. Where it is necessary for the LA to depart substantially from the Policy, clear and compelling reasons shall be given.
It is noted that the vehicle was first registered on the 12th October 2009 and is therefore marginally over 10 years old. The vehicle does therefore not comply with paragraph 2, Appendix E of the policy. This states that a wheelchair accessible vehicle may continue to be licensed until 10 years from the date of first registration.
In this case however there are a number of compelling reasons to depart from the policy and grant a licence:
The vehicle is roadworthy which is evidenced by the paragraph in the licensing officer’s report which states that ‘Officers can confirm that the vehicle was presented at the Councils testing station on the 29th May 2019 and successfully passed the MOT and compliance test.’ We have been informed that the vehicle has passed all previous MOT tests and those by the NYCC for whom the vehicle is used for school runs. The NYCC policy is said by the applicant to allow such vehicles to be used for up to 12 years.
The sub-committee have also inspected the vehicle today and the condition appears satisfactory. It is noted that the mileage was 40,166 miles which is also a very low mileage. The submissions of the applicant are accepted in that members of the community depend on having wheelchair accessible vehicles on the road. The sub-committee have also considered the low number of such vehicles that are available in the Whitby area which covers rural areas also.
After looking at the Vehicle, considering the papers and oral representations and the responsible attitude of the operator it has been decided to depart from the policy on this occasion in granting the licence.