Agenda item

Councillor Guy Poultney left the meeting at this point and was replaced by Councillor Jonathon Hucker.

The Committee considered an application for a Private Hire Driver (PHD) licence seeking a departure from Bristol City Council policy.

Dakota Ferrara attended for this agenda item, together with the applicant (FA), her husband MA and a friend accompanying them.

Dakota Ferrara introduced this report and made the following comments:

·       The applicant had first registered this vehicle which was fitted with a  diesel engine on 29^th July 2020 and had applied for a licence on 20^th September 2021

·       Since the Council’s new policy from July 2021 required that all vehicles were fitted with either a petrol or petrol hybrid engine, the Sub-Committee was recommended to refuse this application

The friend of FA and MA made the following points, supported by MA as required:

·       MA had contacted Licensing and had asked what information was required to obtain a PHD licence. At this point, it had not been made clear that their vehicle would need to be converted

·       MA needed to use a 6 seater care to enable him to take children on school runs as part of his job.

·       On the basis of the information given to him by Licensing and since a 6 seater vehicle was required, MA borrowed some money to purchase a 6 seater vehicle.

·       Since Licensing had advised that financial hardship was not something that could be taken into account, MA had changed ownership to his wife so she could provide the necessary finance

·       A lot of money had already been spent on this care which had now been off road for 2 months

·       MA referred to a particular e-mail which had not clarified that they would require a petrol/petrol hybrid. It had only required submission of my wife’s name and the requisite fee

·       Due to his financial circumstance, MA was unable to afford any further car

·       MA was aware of other PHD vehicles which were 7 or 8 seater and which were diesel vehicles

Dakota Ferrara made the following comments:

·       Some exceptions to policy had been made in respect of 7/8 seater vehicles since these were all diesel powered but none for 6 seater vehicles which were more common and cheaper

·       Whilst confirmation that a specific vehicle complied with policy could never be made until an application was submitted, an e-mail in August 2021 had explained the policy clearly.

The Sub-Committee asked Dakota Ferrara, together with FA, MA and their friend, to withdraw from the meeting to enable them to deliberate on this application.

Upon their return, the following decision was announced:

RESOLVED (unanimously) – that The Sub-Committee determined to refuse the application for the grant of a Private Hire Vehicle Licence seeking departure from council policy on as the Sub-Committee is not satisfied that the vehicle is suitable in type, size and design for use as a private hire vehicle in accordance with section 48 of the Act.

The Council’s latest policy (July 2021) and the policy prior to that (April 2018 onwards) in relation to the Private Hire Vehicle specification clearly states the position with regards to engine type: Vehicles will not generally be accepted for private hire licensing unless they comply with the following specification; 1. Vehicles presented for licensing on the first occasion shall be petrol, petrol hybrid or an Ultra-Low Emission Vehicle (ULEV, excluding diesel ULEV vehicles)…and this information and along with the links to the website and policy was emailed to the applicant’s representative in August 2021.

It appears to the Sub-Committee that the applicant made a calculated risk in purchasing the vehicle, despite having been advised of the policy, which was within her remit to do so however the reliance on other vehicles being licenced isn’t considered as justification to depart from the Council’s policy without undermining it or the reasons that underlie it.

The applicant has failed to put forward sufficient reasons to convince the Sub-Committee that there are exceptional reasons to depart from policy.

The personal and financial circumstances of the applicant are not a relevant consideration in determining this application.