Agenda and minutes

Licensing Sub-Committee
Monday, 21st October, 2019 2.00 pm

Venue: Committee Room, Scarborough Town Hall, Scarborough

Contact: James Edward Mowbray 

Items
No. Item

1.

Election of Chairman

To elect a Chairman for this meeting.

Minutes:

RESOLVED that Councillor Roberta Swiers be elected as Chair.

 

2.

Declarations of Interest pdf icon PDF 43 KB

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.

 

Minutes:

There were no declarations of interest.

3.

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.”

 

Minutes:

The applicant did not make any application for the exclusion of the public.

4.

APPLICATION FOR GRANT OF A PRIVATE HIRE LICENCE Mercedes 212 - YX11 ZTD pdf icon PDF 86 KB

To consider a report by the Environment & Regulation Manager (Report Number 19/204 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”).

Additional documents:

Minutes:

The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report 19/204).  The Committee also had site of all of Appendix A which included the following documents:

The application details and supporting letter, Appendix B the vehicle MOT certificate.

 

The Councillors undertook an inspection of the vehicle in the car park.

 

i)             Oral evidence and submissions from David Ledden.

 

RESOLVED that the application is 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.

 

Members Reasons;

It is noted that the vehicle was first registered on the 31/3/2011 and is therefore over 8 years old. The vehicle does therefore not comply with paragraph 1, Appendix E of the policy. This states that a vehicle may continue to be licensed until 8 years from the date of first registration.

 

In addition Appendix I of the policy states additional points that apply to executive vehicles.

 

In this case there are a number of compelling reasons to depart from the policy and grant a licence without any additional conditions being added:

 

1. The condition of the vehicle is immaculate and is maintained to an excellent visual standard. The sub-committee have examined the vehicle both inside and out and are satisfied that the condition of the vehicle has been maintained in accordance with para E4 and E5 of the policy. The vehicle is also said to be driven by a driver who observes a formal dress code.

 

2. The vehicle is slightly over the 8 year rule.

 

3. In considering the mileage of the vehicle (around 140,000 miles are on the clock) it should be taken into account that the vehicle is a diesel model.

 

4. The vehicle passed its MOT and failed the compliance test for not having a present policy in the vehicle. A policy was present in the vehicle today and that is no reflection on the condition of the vehicle.

 

4. We accept the representations made by David Ledden who is aware of the high standards expected in the maintenance of such a vehicle.