Agenda item

Report of Principal Licensing Officer

The Committee received the report of the Principal Licensing Officer.  The purpose of the report was to seek the approval of Members to the introduction of guidelines for Officers and Members to determine late applications for Hackney Carriage Proprietor Licences.  If minded to approve the guidelines, Members were requested to consider the addition of a condition to Hackney Carriage Proprietor Licences, outlining the late renewal application guidelines.

It was reported that Members had expressed concern regarding the way in which a late renewal application for a Hackney Carriage Proprietor Licence had been administered and determined.  It was therefore proposed that the guidelines and officer delegation in which future late applications for the renewal of a Hackney Carriage Proprietor Licence may be determined be formalised without the need for referral to the Committee, unless in exceptional circumstances.

The proposed guidance and decision making process were set out in the report, together with the case law, which clearly explained the key points in the determination of late applications for hackney carriage proprietor licences.  With this judgment in mind, Members were asked to consider an addition to the Council’s Hackney Carriage Proprietor Licence conditions, which clarified the renewal application procedure.

It was proposed by Councillor Hamilton-Cox and seconded by Councillor Charles:

“(1)      That the new guidelines for determining late applications for Hackney Carriage      Proprietor Licences be approved, as follows:  

1)            If the renewal application is between 1-3 days late, the decision whether to permit the renewal is to be made at Officer level (Principal Licensing Officer or Commercial Protection Manager).

Officers at this stage will take into account the licensing history of the driver and level of compliance shown previously, as well as the circumstances surrounding the reason for the late application.

2)            For late renewal applications submitted after 3 days, but less than 7 days, Council Officers will consult (in line with the Constitution) with the Chairman of Licensing Regulatory Committee to consider ‘exceptional circumstances’.  The Chairman will review the reasons for the late application, compliance history of the applicant and Officer recommendation before reaching a decision.

3)            Any late applications received 7 or more days late will be reported to this Committee for a decision.

4)            All late applications will be reported to the next Licensing Regulatory Committee following the decision.

Applicants who are refused the renewal of a Hackney Carriage Proprietor Licence by Licensing Regulatory Committee or at any stage in the proposed guidelines would have a right of appeal to the Magistrates’ Court.

(2)       That authorisation be given to the Monitoring Officer to change the Council Constitution and subsequently the Scheme of Delegation, as set out in the proposed guidelines.

(3)       That the following Hackney Carriage Proprietor Licence condition be introduced, which stipulates the renewal application procedure:

            The licence holder must submit a renewal application before the proprietor licence has expired.  If the licence holder does not do so, the renewal application will be refused, unless there is a very good reason for the failure, and, in any case, within 72 hours of its expiry.  After this time, the matter will be referred to the Licensing Regulatory Committee to consider exceptional circumstances.”

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

Resolved:

(1)        That the new guidelines for determining late applications for Hackney Carriage      Proprietor Licences be approved, as follows:  

5)    If the renewal application is between 1-3 days late, the decision whether to permit the renewal is to be made at Officer level (Principal Licensing Officer or Commercial Protection Manager).

Officers at this stage will take into account the licensing history of the driver and level of compliance shown previously, as well as the circumstances surrounding the reason for the late application.

6)    For late renewal applications submitted after 3 days, but less than 7 days, Council Officers will consult (in line with the Constitution) with the Chairman of Licensing Regulatory Committee to consider ‘exceptional circumstances’.  The Chairman will review the reasons for the late application, compliance history of the applicant and Officer recommendation before reaching a decision.

7)    Any late applications received 7 or more days late will be reported to this Committee for a decision.

8)    All late applications will be reported to the next Licensing Regulatory Committee following the decision.

Applicants who are refused the renewal of a Hackney Carriage Proprietor Licence by Licensing Regulatory Committee or at any stage in the proposed guidelines would have a right of appeal to the Magistrates’ Court.

(2)       That authorisation be given to the Monitoring Officer to change the Council Constitution and subsequently the Scheme of Delegation, as set out in the proposed guidelines.

(3)       That the following Hackney Carriage Proprietor Licence condition be introduced, which stipulates the renewal application procedure:

            The licence holder must submit a renewal application before the proprietor licence has expired.  If the licence holder does not do so, the renewal application will be refused, unless there is a very good reason for the failure, and, in any case, within 72 hours of its expiry.  After this time, the matter will be referred to the Licensing Regulatory Committee to consider exceptional circumstances.