Agenda item

CONSIDERATION OF VEHICLE SUITABILITY TO BE LICENSED AS A PRIVATE HIRE VEHICLE – 21/02083/PHVL

This report invites the Licensing Sub-Committee to consider whether or not a vehicle that is non-compliant with the Clear Air Zone (CAZ) implemented by the Council in March 2021 is suitable to be licensed as a private hire vehicle.

Minutes:

The Lead Officer - Licensing presented the report to the Sub-Committee. He explained that the report invited the Members to consider whether or not a vehicle that is non-compliant with the Clear Air Zone (CAZ) implemented by the Council in March 2021 is suitable to be licensed as a private hire vehicle.

 

Decision and Reasons

 

Members have had to determine an application for a Hackney Carriage Vehicle Licence for two vehicles. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, the Council’s Policy and the applicant’s oral representations. Members considered that they did not need to inspect the applicant’s vehicles, which had been made available. 

 

The current Bath and North East Somerset Council Public Hire Vehicle Policy was introduced on 18 December 2018 following widespread full consultation, including with the private hire trade.  The policy was further amended in 2020.

The policy conditions state:

 

“During the life of this policy one or more Clean Air Zones may be introduced. A Clean Air Zone will impose charges on all vehicles driving within it which do not meet specified emission standards. All vehicles licensed by the Council must be (as a minimum) compliant with the terms of the Clean Air Zone and meet with its emission standards, unless they are eligible for exemptions as detailed in the CAZ scheme.”

 

During 2019 when it was known that a Clean Air Zone (CAZ) would be introduced, licensees were reminded by letter of the policy and the requirement for licensed vehicles to be CAZ compliant to be re-licensed.

 

In the September / October 2019 annual re-licensing all Private Hire proprietors who applied to renew their licence were required to sign a set of licensing conditions stating that they understood and accepted the attached conditions of licence. All vehicle proprietors that renewed were also provided with a copy of the conditions for their reference.  The applicant signed a copy of the conditions on 28 October 2019.

 

Public consultation was held about the CAZ and specific events held for the PHV trade, including information about the financial assistance scheme (FAS) available to upgrade vehicles.

 

The Council has adopted an exemption to the policy, which provides that all vehicles licensed by the Council must be (as a minimum) compliant with the terms of the CAZ and meet with its emission standards, unless they are eligible for exemptions as detailed in the CAZ scheme, i.e. that they are adapted for wheelchair use or are going through the Financial Assistance Scheme.

 

All licenses expire annually on 31 October.  Applications for renewal can be made from 1 September.

 

On 30 October 2021 the applicant applied to renew his licenses for:

 

  Fiat Scudo 144,002 miles on the clock with a non-compliant diesel engine, that does not meet the Euro 6 standard.

 

  Mercedes E250 201,978 miles on the clock with a non-compliant diesel engine, that does not meet the Euro 6 standard.

 

The vehicles have not been granted an exemption from CAZ.

 

In January 2021 the applicant had expressed an interest in the FAS and in March started the process for consideration.  The Bath Clean Air Zone (CAZ) came into effect in March 2021.  In June 2021 the applicant was given a ‘basic eligibility letter’ and provided with a list of potential finance providers.  The letter was valid for three months until early September 2021.  The applicant did not contact a provider until August and was told they could not assist as they did not fund sole traders and advised to contact other providers.  The applicant did not do so before the letter expired.

 

The applicant contacted the CAZ Team late October 2021 and the offer of financial assistance has been extended should the Council be minded to disapply its policy and grant the applications to renew the private hire licence for non-compliant vehicles that are not subject to a CAZ exemption at the time of application.

 

The applicant stated that he had delayed as he had waited to see if his private hire work would pick up following the Covid lockdowns, that when the first FAS funder declined his application, he hesitated to contact other funding providers in case it affected his credit rating, that one of the funding providers had stated they did not work with B&NEs and he had been working in France for about a month.

 

The applicant accepted he had had notice of the CAZ, the requirements for licensed private hire vehicles to comply, the terms for an exemption and the FAS scheme.

 

Bath and North East Somerset Licensing Sub-Committee decision:

 

The Members are not minded to make an exemption to the Bath and North East Somerset Council Policy to licence the two vehicles.  The Applicant has had notification of the scheme, time and assistance to make a timely application for a basic eligibility letter and to apply for funding from the financial assistance scheme.  Nothing presented to the Licensing Sub-Committee persuaded them to make an exemption.

Supporting documents: