Agenda item

Report of the licensing manager.

The licensing manager presented a report to enable members to consider a request from Mr Howarth to waive the policy requirement that all passengers should have direct access to doors without having to tip or fold a seat. Prior to the meeting members had been given the opportunity to view the vehicle.

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 private hire vehicle under the Act of 1976 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 private hire vehicle licence.

The standard licence condition provided that “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 advised that the above condition had been introduced on the grounds of the safety and comfort of the travelling public.

On 29 September 2011 Mr Howarth had applied for and was granted a private hire licence for the VW Touran to a carry a maximum number of 4 passengers. The vehicle had actually been manufactured to carry 6 passengers, however access to the rear seats was impeded, and this did not comply with the council’s policy.

Mr Howarth had subsequently written to the licensing department in order to make representations to the committee, as he wanted the vehicle to be licensed to carry 6 passengers. A copy of Mr Howarth’s letter was attached to the report.

Members were reminded that a similar request had been made by a proprietor of a VW Caddy, and had been considered by the committee in September.  That request had been approved, however that vehicle had been different from this one in several relevant ways.  Firstly, the vehicle had had room to carry luggage even with the full complement of seats. The luggage space in the vehicle which was presented was very limited with the extra two seats in place.

It was advised that actual size of the rear luggage space with the seats in place was 300mm deep by 960mm wide. The applicant in the previous case had, at the suggestion of the licensing manager, added some additional safety measures to the vehicle.  The vehicle had a rear hatch/door which was capable of being opened from the inside of the vehicle, and had been clearly marked ‘Emergency Exit’.  This had been to allow passenger in the rear row of seats to egress the vehicle through the back hatch in case of emergency, without having to move a passenger in front of them. This had been achievable in that particular vehicle as the rear row of seats had folded down on to them selves, thus lessening the height that the passenger would have to climb over to evacuate the vehicle. There was also a void behind the rear seats that the passengers could climb into to operate the emergency exit door.  However the vehicle presented to the committee was not the same design as that one and access through the rear would be extremely difficult if not impossible.

It was advised that if approved the vehicle would be added to the list of approved vehicles so that future applications to licence an identical vehicle would be dealt with by officers as an automatic grant. Members were advised that there was a condition attached to hackney carriage vehicles which the vehicle could not comply with, and whilst this particular application was for a licence to be granted for a private hire vehicle, the condition needed to be considered whilst making a decision whether to grant the licence and allow the vehicle to be added to any approved list. The relevant condition was as follows:

“Hackney carriage vehicles should be capable of carrying one average size piece of luggage per passenger.  For the purpose of these conditions, average size luggage is deemed to be H48cm, W71cm, D19cm.”

This condition applied to hackney carriage vehicles only, as all hackney carriage vehicles could be hired on the spot, and should be capable of carrying the full complement of passengers and luggage. A private hire vehicle was pre booked, and at the time of booking it could be determined whether or not the vehicle was suitable for the needs of the customer.

Mr Howarth was in attendance at the meeting and made representations to the committee. He also responded to some of the points raised in the report in support of his request.

The committee asked questions regarding the gaps in the floor of the vehicle which were left exposed when the seat was in the tipped position. They queried whether passengers could get their shoes caught in the gaps.  Mr Howarth advised the committee that he had previously operated two of the same vehicles before the rules had changed and that it had never happened in the past.

Members discussed the possibility of fitting a handle to the inside of the rear hatch/door which was capable of being opened from the inside of the vehicle, and that it be clearly marked as an emergency exit. Mr Howarth agreed that if members were minded to approve his application he would be willing to include these additional safety features.

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

“(1)      That Mr Howarth’s request for a waiver of the policy requirement that all passengers should have direct access to doors without having to tip or fold a seat be approved, subject to the inclusion of the additional safety features as set out below:

That a handle be fitted to the inside of the rear hatch/door which was capable of being opening from inside of the vehicle, and that it be clearly marked as an emergency exit.

(2)               That the VW Touran with these exact specifications be added to the list of approved vehicles, provided that the vehicle was to operate as a private hire vehicle only.”

By way of a friendly amendment to (1) Councillor Hill proposed:

“That (1) be revised to read as follows:

That Mr Howarth’s request for a waiver of the policy requirement that all passengers should have direct access to doors without having to tip or fold a seat be approved, subject to the inclusion of the additional safety features as set out below:

That a handle be fitted to the inside of the rear hatch/door which was capable of being opening from inside of the vehicle, and that it be clearly marked as an emergency exit.

That any other safety features that the licensing manager decides are appropriate be included.”

There being no seconder, the amendment was deemed to have failed.

Members then voted on the original proposal.

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

 Resolved:

(1)        That Mr Howarth’s request for a waiver of the policy requirement that all passengers should have direct access to doors without having to tip or fold a seat be approved, subject to the inclusion of the additional safety features as set out below:

That a handle be fitted to the inside of the rear hatch/door which was capable of being opening from inside of the vehicle, and that it be clearly marked as an emergency exit.

(3)               That the VW Touran with these exact specifications be added to the list of approved vehicles, provided that the vehicle was to operate as a private hire vehicle only.