Agenda item

A report from the Executive Director (Operations) is attached.

The Executive Director (Operations) submitted a report relating to an application to licence a vehicle as a hackney carriage which falls outside the Council’s current policy.

The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report. The report, which was accepted by the Applicant and their representative was presented by the Licensing Unit Manager.

He set out the reasons for the being before the Committee and highlighted </AI9>a report that was considered at the committee meeting on the 11^th November 2021 in relation to common minimum standards. Members of the Committee noted that report and recommended approval which was undertaken at a meeting of the Full Council on the 24^th November 2021. The following policy standard was adopted;

Standard 9 of the adopted common minimum licensing standards related to vehicle design and stated “No vehicle first being licensed will have been written off in any category and will not be renewed (if previously written off) after 1 April 2022”.

On the 24^th March 2022, a further report was considered and adopted by the Licensing and Safety Committee in relation to written off vehicles. The decision of the Committee then was as follows:

Following discussions with the GM Licensing Network, it is proposed to review this standard in its entirety and give consideration to a revised standard in relation to written off vehicles.     It is recommended that the standard that has been previously approved be amended as follows:-

Existing licence holders with vehicles that have previously been written off (in any category) will be permitted to renew their licence up to 31 March 2023.

On the 16 March 2023, a further report was considered and approved by the Licensing and Safety Committee in relation to amendments to the Greater Manchester Minimum Licensing Standards for the Hackney Carriage and Private Hire vehicles. This report included the implementation date for the written-off vehicle to the 1^st April 2026 for existing licensed vehicles.

Members resolved that the implementation date for the written-off vehicle standards be extended to 1^st April 2026. The amendment to the written off policy is to permit vehicle licence holders who are currently licensed in Bury with a previously written off vehicle prior to the implementation of the Stage 2 of Common Minimum Standards in November 2021 to continue to be able to licence the vehicle until the 1^st April 2026. In order to achieve compliance, the current policy now stated that from 1^st April 2025 a vehicle licence will not be renewed if the vehicle has been previously written off.

There was no change to Council Policy relating to new vehicle licence applications in relation to this standard.

On the 9^th March 2023, the Licensing Service were notified by the vehicle proprietor that they had been involved in a road traffic accident and there was damage to the front of the vehicle.

On the 13^th March 2023, the Licensing Service attended the home address to undertake an inspection of the vehicle and a Licensing Enforcement Officer noted that the vehicle had incurred severe front-end damage and the front nearside wheel was buckled into the suspension spring. The Officer issued a suspension notice under section 68 of the Local Government (Miscellaneous Provisions) Act 1976.

On the 11^th May 2023, the Licensing Service received a telephone call that the vehicle would not be repaired within the 2 months period specified by legislation. It was explained that the vehicle licence would be revoked on the 13^th May 2023 if the vehicle was not repaired by that date, as required by legislation. It was also advised that once the vehicle had been repaired, they would be able to submit a new application for the grant of a hackney carriage vehicle licence. At this point of this advice being issued the Licensing Service/Licensing Officer was not aware that the vehicle would be/was written off by the insurance company.

On the 15^th May 2023, the Licensing Service revoked the hackney carriage vehicle licence for the vehicle, as required by legislation.

On the 19^th July 2023, the Licensing Service received an application to licence this vehicle.

The Licensing Service had arranged for the vehicle to be tested at Sunnybank Service Station prior to this meeting. The vehicle had been tested on the 22^nd August and passed the test with no faults or advisories.

Members were requested to consider the application and determine whether to depart from current Council Policy relating to the written off vehicle standard which does not permit a written off vehicle being accepted as part of a new vehicle application as outlined in the report.

Delegated decision:

The Committee carefully considered the report, and oral representations by the applicant and his representative.

The Committee noted the explanations provided but taking into account the Council’s Policy and Guidelines the Committee resolved to apply the current licensing policy relating to written off vehicles and refuse the application.

The Committee agreed that the correct Council policies and legislation had been followed including suspension and revocation of the licence after the required period of time. Policy changes had been correctly communicated in the past and there were no reasons to depart from policy.

It was reasonable to suggest that the applicant should have known about the policy and written off vehicles were not permitted on the fleet. There were no exceptional circumstances to consider in deviating from policy and judgement had been made on the vehicle alone.