Agenda item

Report of the Director of Public Protection, Streetscene and Communities (enclosed)

(Councillor Ralph Snape left the meeting)

The Director of Public Protection, Streetscene and Community submitted a report advising Members of a lapse in the renewal of a Hackney Carriage Vehicle Licence and sought the Committee’s view in dealing with the loss of a hackney carriage vehicle to the currently restricted fleet number.

Members were asked to consider a number of options to determine their preferred course of action in dealing with the lapsed hackney carriage licence. The Committee were informed that the Council operated a restricted hackney carriage licence service, where the number of licences available to operate a hackney carriage vehicle is currently held at 36.

It was brought to the Committee’s attention that the responsibility for ensuring hackney carriage vehicle licences are renewed on time lay solely with the licence holder and that save one piece of particular piece of case law, once a licence had expired due to no renewal, the licence and its associated plate number ceased to exist in law.

On 9 May 2014 the Council became aware that Hackney Carriage Vehicle (HCV) licence no. 20 had not been renewed on its due date, 30 April 2014. Consequently the HCV licence and plate number ceased to exist and the licence holder was unable to operate his vehicle as a hackney carriage.

The previous licence holder had made representations to the Council for this Committee to review his situation, to allow him to apply preferentially for a new HCV licence and plate number. HCV Plate 20 had been issued to the same person for several years and has been renewed in a timely manner on previous occasions.

In mitigation the previous licence holder cited two reasons for the failure to renew, being that the Council failed to notify him of a renewal date and that an alleged telephone conversation between a council licensing officer and his representative, led him to believe that he did not need to renew.

The reasons had been investigated by the Head of Health, Environment and Neighbourhoods and a formal response from the Council given. As a consequence of that response, the previous licence holder was seeking approval of the Committee to reinstate his licence.

As the previous licence holder did not agree with the response given, he was entitled to make a complaint against the Council and there was an avenue to do so, however Members were advised that the complaint could not be heard and addressed by this Committee.

The previous licence holder’s representative asked if the matter could be heard by and determined by a Sub Committee, whereby further details with regards to the circumstances could be given. The Council’s legal officer advised that although a Sub Committee could hear the facts, they could only make a recommendation to this Committee and that this would only cause a delay in proceedings.

The loss of a hackney carriage licence has some implications for the Council and the public in that the number of hackney carriages in service is reduced by one and the Committee held the view that the Council’s Hackney Carriage Vehicle licences should be reinstated as soon as possible to 36.

It was proposed by Councillor Adrian Lowe, seconded by Councillor Mick Muncaster for the approval of Option1: To re-issue the hackney carriage vehicle licence using the established ‘tombola’ system to re-establish the limited hackney vehicle licence numbers to 36.

Some Members however were sympathetic to the previous licence holder’s situation. Option 2, was proposed by Councillor John Walker, seconded by Councillor, Margaret France and subsequently RESOLVED (8:5) to approve Option 2: To reinstate the restricted hackney carriage licence numbers to 36 and issue it preferentially to the previous licence holder in light of the representations he had made to regain his lapsed licence, subject to a satisfactory application.

Members were asked to consider the vehicle type for this hackney Carriage licence in terms of provision of a disabled access vehicle. Following discussion’s and establishing that the previous licence applied to a standard saloon vehicle it was determined that the new hackney vehicle licence should be for a standard vehicle (not specifically disabled access).

(Councillor Ralph Snape returned to the meeting)