Agenda and draft minutes

Licensing Regulatory Sub-Committee
Monday, 29 July 2019 11.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

LRS/14

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor David Webster be elected Chairman for the meeting.  

LRS/15

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

There were no apologies and there had been no change in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

LRS/16

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

LRS/17

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no items in Part II of the Agenda.

LRS/18

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman made introductions and read out the procedure for the meeting.

LRS/19

Application to Renew Hackney Carriage Licence contrary to Vehicle Age Limit Policy (Cttee Ref: LR03-19/20) pdf icon PDF 308 KB

To consider an application to renew a Hackney Carriage Licence contrary to the Vehicle Age Limit Policy.

Additional documents:

Minutes:

The Principal Environmental Protection Officer presented a report asking the Sub-Committee to consider an application for the renewal of a Hackney Carriage vehicle licence from Mrs Joan Darling, a Hackney Carriage proprietor, prior to her current licence expiring. Within the report the Officer highlighted the age of the vehicle and Mrs Darling’s intention to retire within the next year. The Principal Environmental Protection Officer explained that if granted, the Council would be required to dispense with the current vehicle age limit policy in this instance, if deemed appropriate, as the vehicle in question was more than ten years old and was not a wheelchair accessible vehicle. He went on to inform Members that the age restriction policy had been adopted to ensure that Hackney Carriages and private hire vehicles met modern safety requirements and provide the travelling public with reasonably up-to-date vehicles and one unintended consequences of the policy was that it also ensured that the vehicle fleet would comply with the most recent vehicle emissions requirements.

 

Mrs Darling, the Applicant, was invited to present her case. She informed the Sub-Committee that it was her intention to retire in the following year but that she wished to continue as a Hackney Carriage driver until that date. Mrs Darling stated that she had maintained the vehicle to a high standard over its lifetime and wished for the vehicle to be safe for her to drive as well as for others to use. She moved on to highlight that any issues identified by the MOT were addressed immediately and that she had brought receipts, warranties and the log book as evidence of the high standard of maintenance kept on the vehicle.

 

The Principal Environmental Protection Officer then asked the Applicant if there were any exceptional circumstances to be considered. Mrs Darling responded by informing the Sub-Committee that the vehicle had a low mileage and had been maintained well over its lifetime so far, and that she intended to retire in the next year and therefore could not afford to replace the car if the application were to be denied.

 

Furthermore, the Applicant was asked if she felt that by further extending the licence, she would hold an economic advantage over other licence holders.

 

Mrs Darling highlighted that she only worked a two day week so did not feel that she had an economic advantage over others. In addition she informed the Sub-Committee that as an independent taxi driver, she relied mainly on passing trade which further evidenced her claim to have no economic advantage over other drivers.

 

The Applicant responded to questions raised by the Sub-Committee and confirmed that she would be keeping the vehicle after her planned retirement but only as her own personal vehicle. Mrs Darling also confirmed that the second driver was licensed to drive a Hackney Carriage, but this was only for emergency circumstances when she was not available to drive the vehicle herself and the second driver would not take over the licence. In addition she confirmed  ...  view the full minutes text for item LRS/19