A report from the Executive Director (Operations) is attached.
Minutes:
The Executive Director (Operations) submitted a report relating to an application for the grant of a hackney carriage license. Th Applicant was not in attendance at the meeting.
The Applicant’s representative, Mr Charles Oakes requested the application be considered in the absence of the Applicant who was suffering with ill health.
The Head of Public Protection reported that prior to February 2006, Hackney Carriage vehicles over 10 years old were not licensed by Bury Council unless the vehicle was in ‘exceptional condition’. On the 2 February 2006, following a request from the Hackney Carriage Association, the Licensing and Safety Panel reviewed the ‘exceptional condition’ criteria and resolved to allow vehicles to be licensed beyond 10 years of age subject to the vehicle passing requisite inspections with no more than 5 faults being identified (‘the 5 fault rule’). The Council’s Policy in relation to Hackney Carriages has been reviewed on a number of occasions since this date and on the 27July 2017, the Licensing and Safety Panel considered a report following a request from the Hackney Carriage Association that the Council consider a 15 year age policy and to review whether the 5 fault rule or the exceptional condition criteria should apply to all hackney carriage vehicles over 10 years of age. Members resolved unanimously to continue with the policy in relation to Hackney Carriage vehicles over 10 years old in that the vehicles would continue to be subject to the 5 fault rule.
The Head of Public Protection also reported that the decision on the 24 November 2021, of Council to adopt the minimum licensing standards, had no impact on this application as it was received before that date.
In relation to the vehicle application in question, it was reported that, Bury Council has licensed the vehicle in question, as a hackney carriage since the 3rd May 2007. On the 12th July 2021, the vehicle was transferred to the Applicant, a licensed hackney carriage driver. The vehicle licence expired on the 18th November 2021.
On the 15 November 2021, the Applicant contacted the Licensing Service to advise that due to the age of the vehicle from date of first registration, he was unable to make an online application to renew his vehicle licence. This was due to the online application process configured so as to not allow vehicles that were over the age policy to make online applications.
Following the notification from the Applicant, a member of the Council’s Licensing Team sent an email to him the same day containing the application form for him to make a renewal application for this vehicle
The Licensing Service did not receive the renewal application from the Applicant until the 21st November 2021 which was after his vehicle licence expired. In light of the difficulties that the Applicant had experienced the Licensing Service agreed to treat the application as a renewal application even though the vehicle licence has expired.
On the 24th November 2021, the vehicle underwent a test at the Councils test centre at Bradley Fold and failed the test with 16 faults, 9of which were MOT faults. Due to the fact that the vehicle is now over 10 years old from the date of first registration and the number of identified faults (copy attached at appendix 2 in the agenda pack), the Council’s policy in terms of applying the 5 fault rule to this vehicle prevents the Licensing Service from renewing the vehicle licence under delegated authority when it expires.
There were no questions from the Committee or Mr Oakes.
Mr Oakes explained that the Applicant is ill and reported that the Applicant had only one day to prepare the vehicle previously for testing and felt this had been unreasonable. He advised that although the Applicant was not well, if the vehicle licence was granted, it would be repaired and if it met standards it may be able to provide some income by being rented to another driver. He therefore asked for the licence to be granted, as he is in a desperate situation.
Members raised concerns as to the costs of the repairs and that the cost may not be much different to buying a newer vehicle. This was acknowledged by Mr Oakes, who reiterated the Applicants position in summing up.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Applicants representative and whilst it noted the poor condition of the vehicle, it also noted that it was for the Applicant to ensure the vehicle met the required standard and it there resolved, to grant the application subject to the vehicle being presented once for test within 6 months time and passing that vehicle test, to the required standard.
Supporting documents: