Agenda item

The applicant confirmed that he understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report. He explained that the vehicle for which the applicant was seeking a Private Hire vehicle licence was 4 years and 1 month old at the time the application was made in October 2019, whereas Council policy is that “all vehicles will normally be less than four years old when first licensed”. The standard conditions attached to the grant of a Private Hire vehicle licence state that “any vehicle presented for licensing which is older than 4 years at the date of application will be referred to the Council’s Licensing Sub-Committee for determination”. When the applicant had been granted a licence for his previous vehicle, Council policy had been that vehicles should be less than 5 years old, and the applicant had assumed that the statement to this effect in the conditions issued with the previous licence was still current policy. The Senior Public Protection Officer said that he had seen the vehicle. He explained that the applicant worked in a specialised sector of the private hire trade. He provided Members with the following additional documents:

1.  A certificate of the satisfactory completion by the vehicle of a Bath and North East Somerset Hackney Carriage/Private Hire vehicle inspection;

2.  A letter that the applicant had enclosed with the application;

3.  A letter from the Senior Public Protection Officer to the applicant enclosing a screenshot from the tfl ULEZ vehicle checker showing that the vehicle was not subject to the ULEZ charge.

4.  An MOT test certificate.

The hearing was adjourned to allow Members to inspect the vehicle.

Following the adjournment the applicant stated his case and was questioned by the Chair. He said that he had relied on the conditions included with his previous licence, and had believed that vehicles had to be less than 5 years old when first licensed.

Following a further adjournment the Sub-Committee RESOLVED to delegate authority to the Public Protection Officer to issue the licence, subject to the satisfactory completion of the licensing process.

Decision and Reasons

Members have had to determine an application for a Private Hire Vehicle Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, the Council’s Policy, an inspection of the vehicle and the applicant’s oral representations.

The applicant for the vehicle licence briefly addressed members. It was evident that when he checked the conditions of his previous licence a vehicle up to 5 years old would have been an acceptable age at the time of first licensing. A policy change in January 2019 meant that vehicles are now expected to be less than 4 years old at the time of first licensing.

Members noted that the vehicle in question is now only four years and two months old; it is in immaculate condition and members heard that the vehicle is a diesel fitted with a Euro 6 engine which would be compliant with the proposed Clean Air Zone.

Based on the inspection and what they had heard and read Members found the vehicle to be suitable in type, size and design to be licensed by BANES. In the circumstances, they were content to depart from the Policy and delegate authority to the Public Protection Officer to issue the vehicle licence subject to satisfactory completion of the licensing process.