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 of the work carried out over the previous licence period;

(e)       The repeater licence plate provided by the Authority will 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; and

(f)         The licensing plate identifying the Private Hire vehicle shall be kept in the boot at all times.

In reaching its decision the Sub-Committee gave the following reasons for departing from the North Devon Council’s policy:

1)    Following their inspection the Sub-Committee were satisfied that the vehicle was kept in a pristine condition and was extremely suitable for Private Hire

2)    That pre-booked jobs would be undertaken at a fixed charge ‘executive’ rate plus mileage and that there was no interest in picking up random jobs

3)    Private Hire Booking records must be maintained and access provided to the authority on request in accordance with North Devon Council’s Hackney Carriage and Private Hire Licensing Policy

4)    That the Applicant had researched his market and that such a market for this type of service existed

5)    The Applicant was trained for VIP, forensic and health related persons/exclusive clientele and companion services

6)    The Applicant had the new plates in the car and had confirmed they would be affixed

7)    The Applicant had confirmed the repeater licence plate would be fixed to the windscreen