The Corporate Director Operational and Partnership Services submitted a report, which asked the Sub-Committee to consider an application to grant a licence for a Hackney Carriage Vehicle.

The Team Manager Licensing advised that an application was being made by Paul Brain t/a Peyton Travel Ltd, to licence a Dacia Logan vehicle registration number GC15 OLA as a Hackney Carriage Vehicle to seat 4 persons. The vehicle was pre-owned and was first registered at the DVLA on 21 July 2015.

The application falls outside the Hackney Carriage Vehicle Policy approved by the Licensing Committee. The vehicle was not wheelchair accessible, though there were specific policy guidelines in respect of the first licensing of Hackney Carriage Vehicles that fell outside policy guidelines, as was detailed in paragraph 4.4 of the report.

Members then proceeded to inspect the vehicle which was situated in the Civic Offices basement car park.

Upon the meeting reconvening the Team Manager Licensing advised that the current mileage of the vehicle was 47,848.

She then asked Mr. Griffiths who attended the meeting on behalf of Mr. Brain, to give some history regarding the vehicle for the benefit of Members.

He advised that Mr. Brain had purchased the vehicle privately and that it had one previous owner. He confirmed that it had low mileage and that he had purchased the vehicle for a competitive price, with the intention to then change the vehicle sooner rather than later, and to buy a slightly newer one in its place. This means of purchase/selling methodology, would not result in such a financial commitment in terms of an outgoing for the vehicle, together with minimal financial depreciation for its re-sale.

The Team Manager Licensing asked Mr. Griffiths what the vehicle had been used for during the last 6 months, i.e. from date of purchase to the date of application.

Mr. Griffiths advised that the vehicle had been used privately within this time.

The Team Manager Licensing advised Mr. Griffiths, that ordinarily for the first licensing of a vehicle as a Hackney Carriage, the vehicle should be new. She added that the vehicle similarly to the previous one considered under Agenda Item 7, was showing some signs of wear and tear in respect of its bodywork.

Mr. Griffiths once more advised that the vehicle (similar to the last one), had not been in an accident, and that Mr. Brain would have checked this in any event prior to the vehicle being purchased.

She asked Mr. Griffiths if Mr. Brain was aware of the fact that the policy guidelines stated that ordinarily the first licensing of Hackney Carriage Vehicles was in respect of new rather than second hand vehicles.

Mr. Griffiths confirmed that he did not know whether or not Mr. Brain was aware of this policy provision.

A Member further noted following inspection of the vehicle, that the bonnet was out of line and that the wing had been sprayed.

Mr. Griffiths reiterated that the vehicle had been checked at auction by Mr. Brain, and this had revealed that it had not incurred any significant previous damage such as through being involved in a road accident.

Members then retired to consider the application further, and on their return, it was

RESOLVED:                    The Sub-Committee considered the application made by Mr. Brain to licence GC15 OLA as a Hackney Carriage Vehicle.  Given this is an application for the first licensing of the vehicle, Members noted that it falls outside of the Licensing Policy at paragraph 2.1, which states that the application for first licensing must be made within 14 days of registration and with less than 500 miles.  Mr. Brain’s vehicle was far in excess of this age and mileage restriction.

                                         Under paragraph 2.2, applications falling outside the above policy will normally be refused and a relaxation of the policy will only be considered in exceptional circumstances.  Guidelines as to what these exceptions are is found at paragraph 2.2.1 and a relaxation of the policy in respect of Hackney Carriages is likely to relate only to widened delay in the DVLA registration process or minor variations in delivery mileage.

                                        The Sub-Committee has heard your explanation regarding the vehicle and that the damage has not been caused since it has been in the applicant’s ownership.

                                         However, the Sub-Committee is concerned by the damage which has been caused to the vehicle and about the age and mileage of the vehicle.  The Sub- Committee does not consider that the situation falls within the exception allowed in paragraph 2.2.1 of the policy which sets out the guidelines for relaxation. As such, the Sub-Committee is unable to relax its policy in the current case and therefore refused Mr. Brain a licence.