Report by Licensing Service Lead. (Attached).
Minutes:
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Also present:
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The Applicant and Applicant’s representative |
The Chair introduced herself, Members of the Sub-Committee, Officers present, before outlining the nature of the hearing.
The Service Lead Licensing summarised his report and made corrections to two words in his recommendations, adding the words ‘must’ in paragraph 2 (c) and (e). He also confirmed that the date in paragraph 7.1 of his Report should read 13/07/18. The Service Lead Licensing displayed an example of an actual licence plate to the Sub-Committee.
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RESOLVED, that it being 2.10 pm the meeting be adjourned to allow the Sub-Committee to inspect the vehicle.
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RESOLVED, that it being 2.15 pm and the conclusion of the inspection the meeting be reconvened.
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The Sub-Committee noted the low mileage of the vehicle (16, 261 miles), the car was three years old and in immaculate condition.
The applicant presented his case.
Members of the Sub-Committee questioned the Applicant.
The Service Lead Licensing Officer summed up.
In response to a question from the Solicitor the Service Lead Licensing Officer confirmed that the vehicle met the remainder of North Devon Council’s policy for vehicle specifications and age.
The Applicant summed up.
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RESOLVED, that everyone be excluded from the meeting with the exception of Members, the Legal representative and Committee Clerk in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.
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RESOLVED that everyone be re-admitted to the meeting. |
The committee clerk read out the proposed decision on which the Sub-Committee voted as follows:
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RESOLVED that the application for a private hire vehicle licence exempt from North Devon Council’s Hackney Carriage and Private Hire licensing policy (August 2016) requirements to display the rear Private hire vehicle identity plate and the sun-strip on the front windscreen (reference number 047873) be granted subject to the following conditions:
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(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.
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(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.
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(c) The type of work undertaken must be ‘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.
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(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 (preferable electronic) of the relevant Private Hire Operator records to evidence the nature of the work carried out over the previous licence period.
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(e) The repeater licence plate provided by the Authority must be fixed to the windscreen in front of the front passenger seat repeating on the interior of the vehicle the information contained on the external vehicle plate.
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(f) The licensing plate identifying the Private Hire vehicle shall be kept in the boot at all times.
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In reaching its decision the Sub-Committee had regard to the representations made by the Service Lead Licensing Officer and applicant who confirmed that they wished to use the vehicle exclusively for executive work including the transportation of local managing directors. The Sub-Committee inspected the vehicle and considered it to be a high quality, luxury vehicle in pristine condition with low mileage. The Sub-Committee was also mindful that the vehicle met the remainder of North Devon Council’s vehicle specifications and vehicle age policy.
Supporting documents: