Agenda item

Report of the licensing manager.

The licensing manger presented a report to enable members to consider the request from Mr Ken Grieve, Miss Daryll Grieve and Miss Emily Fell to replace their existing vehicle with a vehicle which was over 10 years of age.

Prior to the meeting members had been given the opportunity to view the replacement vehicle, a Citroen C5 HDI LX.

Members were reminded that under Section 68 of the Town Police Clauses Act 1847 a District Council may attach to the grant of a licence of a hackney carriage 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 the purpose of the above, the council had established conditions attached to the grant of a hackney carriage licence. The standard licence condition provided that:

Any vehicle submitted for licensing that is 10 years old or older, or any vehicle which continues to be licensed beyond the age of 10 years must be in exceptional condition and must be approved by the Licensing Regulatory Committee, on initial application and each subsequent renewal.  Any such vehicle will be subject to a full test at the Council’s designated testing station every 4 months.

It was advised that on 28 October 2011, Mr Ken Grieve, Miss Daryll Grieve and Miss Emily Fell had applied to replace their existing hackney carriage, HV223, with a replacement vehicle. The replacement vehicle was a Citroen C5 HDI LX and was first registered with the DVLA on the 3 September 2001. Any vehicle which was over 10 years of age on initial licensing, in line with the condition above, must be referred to the Licensing Regulatory Committee for approval.

Mr Grieve, Miss Daryll Grieve and Miss Emily Fell had been invited to attend the meeting to make representations, however they were not in attendance at the meeting.

Members were asked to consider whether they were satisfied to allow the applicants’ request to licence a hackney carriage vehicle over 10 years of age. It was advised that should members be minded to allow this application the vehicle would still be required to pass the vehicle compliance test at the council's Vehicle Maintenance Unit prior to licensing.

Members queried whether the towbar on the rear of the vehicle would present a problem when the vehicle was presented for the vehicle compliance test. It was advised that if the towbar was deemed to be dangerous it would have to be removed from the vehicle.

It was proposed by Councillor Burns and seconded by Councillor Kennedy: -

“That the applicants request for a replacement vehicle which is over 10 years of age on initial licensing be approved.”

Upon being put to the vote, 6 members voted in favour of the proposition, with 1 against, whereupon the vice-chairman declared the proposition to be carried.

 Resolved:

That the proposed operational arrangements for issuing animal welfare licences be noted.