Agenda item

Report of the Licensing Manager

Committee received the report of the Licensing Manager to enable Members to consider a request for the waiver of the standard licence condition requiring the display of the Council’s uniform signage in connection with an application for a private hire vehicle licence received from Mr. Chris Dalby and Mr. Paul Cumpsty of Bay Transfers.

The Licensing Manager reported that the application was in connection with the licensing of a Mercedes Vito Traveller.  The applicants had requested a waiver of the standard licence conditions requiring the display of the Council’s uniform door signage, on the grounds that the vehicle had been purchased on the basis of Bay Transfers having secured contracts with several businesses and hotels, who used the company on a regular basis to transport clients to and from the airport, and wanted a company that could offer an executive service above and beyond that offered by local taxis operating off radio services.

Members were advised that Bay Transfers had been given a similar exemption in October 2015 for a Mercedes E Class.  The Mercedes Vito Traveller had been purchased to cope with the extra multi-seater work that was being requested.

In officers’ view, allowing a private hire vehicle to operate without signs would be a dangerous precedent, as members of the public would no longer be able to rely on licensed vehicles always displaying uniform Council signage.  The exemption would not, therefore, normally be granted unless Members could be satisfied that the vehicle was only being used for exclusive contracts.  Mr. Dalby’s letter requesting the exemption (attached as appendix 1 to the report) confirmed this.

The applicants had been invited to attend the meeting to make representations in support of their request, and Mr. Dalby was present at the meeting.  Members had been able to view the Mercedes Vito Traveller prior to the meeting.

Following presentation of the Licensing Manager’s report, Mr. Dalby was given the opportunity to question the Licensing Manager on her report.  Members of the Committee then had the opportunity to question the Licensing Manager on the report.

In determining what action to take in respect of Mr. Dalby and Mr. Cumpsty’s request, Members heard Mr. Dalby’s representation.  During his representation, Mr. Dalby advised that the Mercedes Vito Traveller had been purchased exclusively to run alongside the company’s Mercedes E Class, due to the volume of new corporate clients that had been attracted.  Mr. Dalby confirmed that the Mercedes Vito Traveller would never have a radio/meter fitted, nor work the streets. 

Following Mr. Dalby’s representation, the Licensing Manager had the opportunity to question Mr. Dalby.  Members of the Committee then had the opportunity to question Mr. Dalby.

The Licensing Manager summed up by advising Members that, should they determine that the request for a waiver of the standard licence condition requiring the display of the Council’s uniform signage be granted, they would need to be satisfied that the vehicle was only being used for exclusive contracts.

It was proposed by Councillor Pattison and seconded by Councillor Redfern:

“That Mr. Dalby and Mr. Cumpsty of Bay Transfers’ request for a waiver of the standard licence condition requiring the display of the Council’s uniform signage in connection with an application for a private hire vehicle licence be granted.”

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

Resolved:

That Mr. Dalby and Mr. Cumpsty of Bay Transfers’ request for a waiver of the standard licence condition requiring the display of the Council’s uniform signage in connection with an application for a private hire vehicle licence be granted.