Agenda item

The applicant and his representative were present.

The Licensing Officer introduced the report and drew attention to the following:

-          The application was for the renewal of a Hackney Carriage Vehicle Licence.

-          The vehicle was 10 years old on 14 October 2020 and the applicant had requested an extension at this time for an additional six months as a result of the Covid-19 pandemic.

-          A six-month extension was approved by the Licensing and Trading Standards Manager and a further licence was issued which expired on 13 July 2021.

-          In accordance with policy, the vehicle should not be licensed more than 10 years after it had first been registered.

-          The vehicle was fitted with a euro 5 engine.

The applicant gave the following evidence:

-          He had not been able to work during the pandemic and had only just returned to work, he was requesting a six-month extension to allow him time to find another vehicle.

-          He was in financial difficulty and had a young family to support and a new car would cost in the region of £40k.

The applicant’s representative gave the following supporting evidence:

-          After 2015, Council policy had changed to allow vehicles up to 12 years and those drivers with vehicles registered before that time had been disadvantaged, particularly as the vehicles were unable to be used during the pandemic.

-          Some other Licensing authorities had allowed an increase to 12 years due to the pandemic.

-          Only 75 out of the vehicles used by the fleet were euro 5.

-          The fleet was able to pick up wheelchairs and not all fleets could perform this service.

After questioning from the committee, the following information was confirmed:

-          There had been a change in Council Policy to help improve air quality in the city and vehicles after this date were fitted with euro 6 engines which released less emissions than the euro 5 engines used before that date and therefore could be re-licensed up to 12 years rather than 10.

RESOLVED – That the application to renew the Hackney Carriage Vehicle Licence seeking departure from Council Policy be REFUSED on the grounds contained in in section 60(1)(a) and 60(1)(c) of the Local Government (Miscellaneous Provisions) Act 1976 namely that the vehicle is unfit for use as a private hire vehicle and any other reasonable cause. 

REASON:

The vehicle subject to the application does not conform to Council Policy due to its age, having now reached over 10 years old since first registration.

The Committee considered the Policy and the reasons for an age limit being imposed. The applicant had already benefitted from a modest extension of the licence and the Committee had received no evidence from the applicant to satisfy them that the vehicle should be treated as an exception to Council policy without undermining it or the reasons that underlie it.

Another factor the Committee considered was that in December 2020 the vehicle had 235,000 miles on the odometer, which was 15,000 miles more than in December 2019. Although the Committee had some sympathy for the Applicant, the personal/financial circumstances of the applicant are not a relevant consideration in arriving at this decision.