Agenda and minutes

Apologies for absence were received from Councillor Yabsley.

(Please complete the form provided at the meeting or telephone Corporate and Community Services to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

There were no declarations of interest announced.

Report by Licensing Officer (attached)

Also present: The Applicant.

The Chair introduced herself as did the other sub-committee Member and Officers.  The Chair outlined the nature of the hearing.

The Solicitor outlined the hearing process and explained that there were normally three members on the Sub-Committee but due to unforeseen circumstances there were only two present.  The Applicant confirmed he was happy to proceed with only two Members present.

The Licensing Officer outlined his report (circulated previously) regarding an application for a Hackney Carriage vehicle licence, reference PFNV006.  He explained to the Sub-Committee that the application had been received from the Applicant on 27 August 2021 and was in respect of a vehicle over five years old which did not meet the age criteria specifications of the North Devon Council’s Hackney Carriage and Private Hire Licensing Policy of August 2016.  He then referred to the relevant part of the policy stated at section 3.1 of the agenda, 7.9 Maximum Age of Vehicle.  The Licensing Officer confirmed that the Applicant had been working in Scotland where he was licensed, with this vehicle, as a driver before his move to Devon.  The vehicle met all of the other vehicle specifications.

The Chair invited the Applicant to address the Sub-Committee.

The Applicant advised that he had recently moved from Scotland and that he had bought the vehicle in 2017 for work purposes and had been driving since 2012.  There had been no work due to Covid but he hoped to start up driving again.  He wouldn’t exceed 200,000 miles in the vehicle and would get another car once he had reached that mileage reading.

The Chair requested to examine the vehicle.

RESOLVED, that it being 10.11 am the meeting be adjourned to enable the Sub-Committee to inspect the vehicle.

RESOLVED, that it being 10.17 am and the conclusion of the inspection the meeting be reconvened.

The Sub-Committee were in agreement that the car was well maintained and in a very good condition.

In reply to a question about the drop in mileage from September 2020 to July 2021 the Applicant confirmed this was down to lack of work due to the Covid-19 pandemic.  He hoped to change his car after 200,000 miles which he expected would be in another two years.  He had not gone out to buy this car, as he was already using it to work and wanted to carry on that work, he had jobs lined up, and this would enable him to save up to afford a new vehicle once he reached the 200,000 miles.

The Chair asked the Licensing Officer to sum up.  He outlined the options available to the Sub-Committee when considering their decision.

The Chair invited the Applicant to sum up.

RESOLVED, that everyone be excluded from the meeting with the exception of Members, the legal representative and the Corporate and Community Services Officer in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.

RESOLVED, that everyone be  ...  view the full minutes text for item 9.

RECOMMENDED:

(a)  That, under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item as it involves the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information); and

(b)  That all documents and reports relating to the item be confirmed as “Not for Publication”.

RESOLVED:

a.    That, under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item as it involves the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 Schedule 12A of the Act (as amended from time to time), namely information relating to the financial business affairs of any particular person (including the authority holding that information); and

b.   That all documents and reports relating to the item be confirmed as “Not for Publication”.

Report by Licensing Officer (attached)

Also present: the Applicant.

The Chair introduced herself as did the other Sub-Committee Member and Officers present.  The Chair outlined the nature of the hearing.

The Applicant confirmed he was happy to proceed in the absence of a third Sub-Committee Member.

The Licensing Officer outlined a report (circulated previously), regarding the request for the Exception of Signage on a Licensed Private Hire vehicle.  The Licensing Officer explained to the Sub-Committee that North Devon Council does not have a Policy for Executive type vehicles but that a request for such a policy was to be considered in the near future.

The Chair invited the Applicant to address the Sub-Committee who presented his case for the request to not display signage on his vehicle.

The Chair advised that she wished to examine the vehicle.

RESOLVED, that it being 10.52 am the meeting be adjourned to enable the Sub-Committee to inspect the vehicle.

RESOLVED, that it being 11.00 am and the conclusion of the inspection the meeting be reconvened.

Members of the Sub-Committee asked the Applicant questions.

The Licensing Officer summed up.

The Applicant summed up.

RESOLVED, that everyone be excluded from the meeting with the exception of Members, the Solicitor and the Corporate and Community Services Officer in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.

RESOLVED, that everyone be readmitted to the meeting.

The Chair requested that the Corporate and Community Services Officer read the proposed decision, which was voted on and agreed.

RESOLVED that the request for the exception of signage on a licensed Private Hire Vehicle be granted subject to the conditions listed in the report at 2.3 as follows:

(a)       The vehicle must have a higher standard of comfort and be equipped to a level higher than that of a ‘standard’ Private Hire Vehicle.

(b)       The vehicle must be in pristine condition with no visible defects, dents or blemishes to the external body work or internal trim and seating.  Internal seating will usually be leather and the cabin air conditioned to maintain passenger comfort;

(c)        The type of work undertaken was ‘executive’ in nature.  There

must be demonstrable need for an exemption to apply rather

than a one off contract.

The type of work that may be considered ‘executive’ includes:

i) Corporate bookings to transport employees and clients on business related journeys

ii) Other journeys where the client specifically requires a vehicle without any Private Hire plates or signage on it at the time of booking

iii) Bookings for clients (for example politicians and celebrities) who for security or personal safety reasons would not want the vehicle to be identifiable as a Private Hire vehicle;

(d)       The percentage of executive work undertaken by the vehicle must constitute 100%. An application to renew an exemption from the display of identity plate and windscreen sun strip must be accompanied by a copy (preferably electronic) of the relevant Private Hire Operator records to evidence the nature  ...  view the full minutes text for item 11.