Agenda item

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 re-admitted to the meeting.

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

RESOLVED that the application for a Hackney Carriage Vehicle Licence reference PFNV006, be granted.

In reaching its decision the Sub-Committee considered the following exceptional circumstances:

1)    this application was seen as a transfer from one Authority to another

2)    the car was in excellent condition

3)    the vehicle was a hybrid car and so ecological which fulfilled North Devon Council’s desire to be environmentally friendly

4)    the Applicant had work lined up to do

5)    the Applicant had already passed the fit and proper person test; and

6)    the Applicant had a very responsible attitude planning for a future vehicle.

The Chair thanked the Applicant for attending.