Agenda item

Consideration of a review of Hackney Carriage and Private Hire Age Limits

To consider a review of the vehicle age exemption criteria as set out in the Council’s Hackney Carriage and Private Hire Vehicle Licensing Policies.

Minutes:

Members were asked to consider a report with regard to conducting a review of the Council’s Hackney Carriage and Private Hire vehicle licencing policies in respect of vehicles that fall outside of the policy.

 

The Senior Practitioner (Licensing), Worcestershire Regulatory Services (WRS), presented the report and in doing so drew Members’ attention to Appendix 1 to the report, which detailed the Council’s current age requirements for hackney carriage and private hire vehicles.

 

The Senior Practitioner (Licensing), WRS, highlighted that officers had noticed an increase in the number of age exemption applications received by WRS for consideration at Redditch Borough Council’s, Licensing Sub-Committee. The Committee were provided with detailed information on the number of age exemption applications for vehicles that did not meet the age requirements, as set out in the Council’s Hackney Carriage and Private Hire vehicle licencing policies.

 

During the period January to October 2016, WRS, received thirteen age exemption applications for consideration by Licensing Sub-Committee Members.  Ten were granted, two were refused and one application was withdrawn by the applicant.  Members were further informed that WRS had received a further four age exemption applications which would be presented to Licensing Sub-Committee Members in November 2016.  Officers recognised that it was both costly and time consuming for both the Council and the applicants for applications to be considered at Licensing Sub-Committee meetings. 

 

Therefore, taking into consideration the number of occasions that Sub-Committee Members have granted licences, to vehicles that fall outside of the Council’s Hackney Carriage and Private Hire vehicle licencing policies, he would ask Members to consider if the Council’s current policies should be reviewed.  More specifically, if Members required officers to look at the potential options for amending the Councils policies, as currently set out in the Council’s Hackney Carriage and Private Hire Vehicle Licensing Policies.

 

Members discussed in detail the number of age exemption applications received and stated that they had been aware and concerned with the significant increase in the number of age exemption vehicle applications being brought before the Licensing Sub-Committee.  

 

Members were in agreement and reiterated that the Council had specific policies for hackney carriage and private hire vehicles regarding age criteria requirements.  The policies were in place to ensure the continued safety of the travelling public.  The onus was on the applicant to present their vehicle in such a condition that the vehicle could be regarded as ‘exceptional’, in order for Licensing Sub-Committee Members to depart from the Council’s Hackney Carriage and Private Hire vehicle licencing policies.

 

Members expressed their concerns with regard to vehicles being presented at Licensing Sub-Committee Hearings with a significant number of advisories detailed on MOT Certificates; and that some applicants had failed to rectify some or all of the advisories before presenting their vehicle for inspection to Licensing Sub-Committee Members.  Members were also concerned that on some occasions, those applicants who had confirmed that they had had the advisories rectified had failed to provide any evidence to reassure Members that the advisories had been attended to.

 

The Council’s Legal Advisor clarified to Members that the role of Licensing Sub-Committee Members was to inspect the condition of the vehicles as presented and not the mechanical road worthiness of vehicles.

 

Age exemption vehicles were brought before Sub-Committee Members as they fell outside of the Council’s Hackney Carriage and Private Hire vehicle licencing policies.  Therefore, Members should determine if the vehicles, as presented, were of such an ‘exceptional’ condition, that it was appropriate for them to depart from the Council’s Hackney Carriage and Private Hire vehicle licencing policies.  Members should also be mindful to disregard any financial implications when considering age exemption applications.

 

Further discussion followed on the physical inspection of age exemption vehicles by Licensing Sub-Committee Members.  Members felt that it would be extremely useful if a checklist or relevant guidance could be provided for Licensing Sub-Committee Members in order to ensure that a consistent approach was taken when physically inspecting the condition of age exemption vehicles. 

 

Members strongly agreed that they had welcomed the report.  The report had enabled a strong discussion to take place and had clarified and answered the concerns raised by those Members who sat at Licensing Sub-Committee meetings to consider and determine age exemption applications.

 

Members were of the opinion, as highlighted earlier, that in order to ensure the continued safety of the travelling public, age exemption applications should continue to be considered and determined on their own merits by the Licensing Sub-Committee.

 

RESOLVED that

 

Currently there was not a requirement for a report to be presented to a future meeting of the Licensing Committee setting out options for amending the existing applicable age limit for vehicles, as set out in the Council’s Hackney Carriage and Private Hire vehicle licencing policies.

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