Agenda item

To consider an application for the renewal of a Private Hire Vehicle Licence seeking departure from Bristol City Council Policy

Before the start of the hearing, the Committee and the Licensing Officer had met the applicant outside the front of City Hall to inspect the vehicle. The Members noted that the tints were very dark and passengers were not able to be seen from the outside when sitting in the back. The vehicle was in an excellent condition.

The Chair welcomed those present to the meeting and introductions were made.

FM was in attendance.

The Licensing Officer presented the report explaining that BCC Fleet Services have confirmed

that the tints recorded in 2016 and 2017 were at a level that does not meet the Council’s Inspection Standard, however due to a misinterpretation a pass had been recorded on the certificate.  It was noted that FM has advised that the tints on the vehicle are factory fitted and were present at the time of first licensing as a PHV in 2010.

It was noted that the applicant had now applied for an exemption to display his plates which if granted, would result in the tints issue falling away – if exempt from displaying plates, tints are permitted.

 FM was then invited to present his case and address any questions put by the Committee:-

• FM works for an executive car company - Bristol Chauffeur and Wedding Services 30-35% of the time and the rest of the time for V Cars. A letter from the Chauffeur car company supporting exemption from displaying plates had been received and circulated to the Committee ahead of the hearing. Tinted windows were required for this executive work.
• The car was manufactured with tints and has always been licensed by Bristol City Council (since 2010).
• FM indicated that it would cost him £1100-£1200 to change the tints and he has 2 years left on the plate before it needed to be renewed.
• FM indicated that he did not intend to increase the amount of executive work in the near future.   

The Licensing Officer and the applicant side left the room whilst the Sub-Committee considered its decision.

Decision 

During deliberations, Members carefully considered the written and verbal evidence presented to them.

It was noted that for 65–70% of the time FM would not require an exemption so there was no valid reason why Committee should agree to depart from the BCC Policy.  The request for tints in this case could not be justified.  Public Safety is the overriding concerns and tints are not required for the majority of his taxi work.

The Committee acknowledged that FM had been completely open and honest with them, however the vehicle had been previously licensed in error by Bristol City Council Fleet Services and the Committee considered that in order to ensure consistency with Council policy and fairness to other licensees it was appropriate to correct the position. 

The Licensing Officer and FM returned to the room and were informed of the Sub-Committee’s decision, by the Chair.

RESOLVED: that the application for the renewal of a Private Hire Driver Licence seeking a departure from council policy and a request for an exemption from the display of plates on PHV be REFUSED on the grounds contained in section 60 (1) (a) and (c) of the Local Government (Miscellaneous Provisions) Act 1976.