Agenda item

Report of Licensing Manager.

The licensing manager presented a report to enable members to consider a request from Mr. Bishop to waive the policy requirement that all passengers should have direct access and egress without having to tip or fold seats, and to determine whether to grant an exemption to the restriction for Mr Bishop with regard to the VW Caddy Maxilife and for any other vehicles of the same model with identical specifications that may be presented for licensing in the future.

Prior to the meeting members had been given the opportunity to view the vehicle for which the waiver of the policy requirement that all passengers should have direct access to doors without having to tip or fold a seat was being requested.

Members were advised that under section 47(1) of the Local Government (Miscellaneous Provisions) Act 1976, a district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as they may consider reasonably necessary. Any person aggrieved by the refusal of a district council to grant a vehicle licence under this Section, or by any conditions specified in such a licence, could appeal to a magistrates’ court. For this purpose, the council had established conditions attached to the grant of a hackney carriage vehicle licence.

The committee were advised that the standard licence condition provided as follows:

“Access to all passenger seats must be unimpeded. Clear access and egress to all passenger seats must be provided, without the need to tip forward, fold or remove seats.  This will apply to all new and replacement vehicles licensed after this policy comes into force. If a seat has to be removed to comply with this requirement, it shall be removed from the nearside of the vehicle, from the row of seats, which are situated behind the front passenger seat.”

Members were reminded that the continued application of the above licence condition had recently been the subject of a consultation process following its approval by the committee last September. The consultation had ended in June, and a full report of the outcome of that consultation was due to be delivered to the committee in September.

Mr. Bishop had currently licensed the VW Caddy to carry five passengers, one of the passengers being a wheelchair user; it was advised that he had one of the mandatory wheelchair accessible vehicles. Mr. Bishop had requested to make representations to the committee, as he would like to add two extra seats (which were removable) to the vehicle, to allow for maximum flexibility.  The vehicle would then be licensed to carry a maximum of 6 passengers when not carrying a wheelchair user. A copy of Mr. Bishop’s letter was attached to the report for members’ information.

It was advised that Mr. Bishop had, at the suggestion of the licensing manager, added some additional safety measures to the vehicle. The vehicle had a rear hatch/door which could be opened from the inside of the vehicle, and was clearly marked ‘Emergency Exit’. This would allow passengers in the rear row of seats (if approved) to egress the vehicle through the back hatch, without having to move a passenger in front of them, in case of emergency.

Members were advised of some of the issues which may arise from the grant of this licence; these were outlined in the report in detail.

Mr. Bishop was in attendance at the meeting and made representations on behalf of his request and to respond to some of the points outlined in the report. He also answered questions from members regarding the vehicle.

Members were asked to consider whether they were satisfied to allow the applicant’s request for a waiver of the standard licence requirement on access and egress, subject to the additional conditions that the rear door/hatch must be capable of being opened from inside the vehicle, and must be clearly marked ‘Emergency Exit.’

If members were minded to approve this request, the licensing manager would like the committee to authorise the start of an approved list of vehicles and to allow this type of vehicle, with the exact specifications, to be added to any such list, so that future requests to license an identical vehicle can be dealt with by officers as an automatic grant.

It was proposed by Councillor Redfern and seconded by Councillor Dixon:-

“(1)      That Mr. Bishop’s request for a waiver of the standard requirement that all passengers should have direct access and egress without having to tip or fold seats with regard to the VW Caddy Maxilife be approved.

 (2)       That the committee authorise the start of an approved list of vehicles, and that the VW Caddy Maxilife with these exact specifications be added to this list, in order that any future requests to license an identical vehicle could be dealt with automatically.”

Upon being put to the vote 7 members voted in favour of the proposition, with 1 abstention, whereupon the chairman declared the proposition to be carried.

Resolved:

(1)        That Mr. Bishop’s request for a waiver of the standard requirement that all passengers should have direct access and egress without having to tip or fold seats with regard to the VW Caddy Maxilife be approved.

(2)        That the committee authorise the start of an approved list of vehicles, and that the VW Caddy Maxilife with these exact specifications be added to this list, in order that any future requests to license an identical vehicle could be dealt with automatically.