Agenda item

To consider an application for the renewal of a Hackney Carriage licence seeking departure from Council policy.

AQ was in attendance, accompanied by 2 colleagues.

The Chair explained the procedure that would be followed and everyone introduced themselves.

The Licensing Officer introduced the report and summarised it for everyone.

On behalf AQ one of colleagues stated that his car had received its plate in 2010 and was still in very good condition. AQ had been unable get a new car.

The Licensing Officer explained that the trade had been advised about the change in 2008. AQ had also received an e-mail in 2015.

AQ stated that he thought he had secured a suitable second hand car, but was then advised by the seller that the car was no longer available. He could not afford a new car and thought that he would be allowed a further 2 years with the car he has. The other colleague added that AQ had been verbally advised in 2010 that the car could be licensed for 10 years.

The Licensing Officer explained that in 2008 the Committee had allowed a transitional period of 8 years. This subsequently extended to 10 years. During this period existing owners could change vehicles under the old Policy. This had created a lot of inequality in the trade. Unfortunately when AQ visited the offices the files were due available due to the impending move to Temple Street. No Doblos have whole type approval and the Officer involved was not aware that the vehicle was a Doblo.

AQ summed up his case – he needs an extension to allow him time to save for a new car.

The Licensing Officer AQ and colleagues left the room whilst the Committee made its decision.

Decision

The Members considered very carefully all of the written and verbal evidence presented to them.

The Members noted their Policy.

The Members noted the long standing line of case law that where the Council has a policy – that policy should be applied consistently and if an applicant is seeking to be treated as exception to the policy the burden of proof is on the applicant to demonstrate that an exception can be made in the individual circumstances of his case without undermining the policy or the reasons that underlie it.

The vehicle does not conform with the Council policy in question which was introduced in the interests of public safety.  The change in policy was well publicised to members of the trade who have been given sufficient opportunity and a considerable period of time (including two extensions) in which to change their vehicles.  AQ has benefitted from Grandfather rights and there is nothing unusual or exceptional about the individual circumstances of his case to justify a departure from Council policy in this case.

Personal circumstances are irrelevant – since the primary concern of the Committee is the public safety and protection.

Application to renew is therefore refused.  He still has benefit of licence until 8 June 2018 – Committee did have the power to revoke the vehicle licence but decided not to do so – as such he still has a period of grace in which to change his vehicle due to the administrative error in granting him a licence beyond 31 March 2018.

Everyone returned to the room to hear the decision announced.

Resolved – that the application by AQ for a Hackney Carriage Licence seeking departure from the BCC Policy be refused.