Minutes:
The Committee had agreed to defer this item until later in the agenda to give the opportunity for the applicant to be present and the vehicle to be inspected. As the applicant had not arrived, Members agreed to consider the application in his absence, based on the report, including documentary evidence and photographs, without being able to inspect the vehicle.
The Food Safety and Licensing Service Manager outlined an application by Mr S Green for a new private hire vehicle licence for a BMW 730 LD SE registration number YK12 RXH which was presented to Members on the grounds that the vehicle did not meet the specification required by the Council’s policy on Door Panels.
Members were reminded of the Council’s current policy and conditions set out in the Private Hire Rule Book regarding the positioning and size of the door panels and were advised that some drivers were experiencing difficulties in meeting the minimum size because of the variety of different door sizes. This had resulted in some cases in magnetic panels not adhering to doors and becoming a hazard. Additionally, Members were advised that more new vehicles were being manufactured with fibre-glass or aluminium doors due to the light weight properties of the materials and that this was likely to result in more vehicles not meeting the Council’s current policy conditions because they would not be able to use magnetic signs.
The Food Safety and Licensing Service Manager reported that Mr Green had requested to relocate the door signs to the rear wings as the doors to his BMW were made of fibre glass rendering them non-magnetic. Mr Green had been granted temporary permission to trial the new plates under the delegated power of the Group Manager for Environmental Health and Regulatory Services. This temporary permission had been granted on the proviso that the matter be brought before the full Licensing and Enforcement Committee for approval.
Members’ attention was drawn to Appendix A of the report which set out a proposed change in wording to the Council’s policy to focus on the minimum standard being the mandatory wording as opposed to the size of the panels and overall positioning.
The Food Safety and Licensing Service Manager summarised the report by reminding Members of their options after considering the application, Mr Green’s submission and the Council policy. The Committee was recommended to resolve to either:-
(a) Refuse the application on the grounds that the vehicle fell outside of the Council’s policy on acceptable door panels for licensing purposes because it did not meet the Committee’s objectives behind the imposition of that particular condition.
OR
(b) Accept the application on the grounds that the vehicle was of such a high specification that Council policy could be departed from for that particular case.
AND
(c) Agree in principle to change the existing policy wording around door panels to accommodate vehicles manufactured with fibre-glass or aluminium doors.
Councillor Witts believed that the driver should have been aware of the conditions in the Private Hire Rule Book when he purchased the vehicle and queried why he could not have selected a vehicle which met the Council’s requirements. The Food Safety and Licensing Service Manager acknowledged this comment, and added that the Council was likely to receive an increasing number of similar applications in the future.
The Chair reminded Members that an alternative approach could be to make it optional to have a door panel. However, the Committee had previously requested that private hire drivers had door panels to make them easily recognisable to the public and the Chair cautioned against this course of action.
Councillor Lugg stated that the panels were clearer on the wings of the car as door signs could be obstructed by drivers standing in front of them.
RESOLVED
(a) That the application be accepted on the grounds that the vehicle was of such a high specification that Council policy could be departed from in this particular case.
AND
(b) That the existing policy for Private Hire Licensing be revised as set out in 3.9(a) of the report on ‘Proposed Revised Draft Conditions for Hackney Carriage and Private Hire Licensing’ and issued for consultation.