Agenda and minutes

Licensing Regulatory Sub-Committee - Monday, 29 July 2019 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

No. Item


Election of Chairman

To elect a Chairman for the meeting.


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


Apologies and Reconstitution of Membership

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


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


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.


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


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.


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



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


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


Application to Renew Hackney Carriage Licence contrary to Vehicle Age Limit Policy (Cttee Ref: LR02-19/20) pdf icon PDF 306 KB

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

Additional documents:


The Principal Environmental Protection Officer addressed the Sub-Committee and explained that he had a number of documents which had been submitted within the last week and he went on to circulate the documents to the Sub-Committee and Officers. The documents included a vehicle inspection report, MOT certificate, an email from Mr Atkinson and a copy of the agenda from the meeting of a Licensing Regulatory Sub-Committee held on 4 July 2018, which included documents referred to in Mr Atkinson’s email.


Note – The Sub-Committee voted to adjourn the meeting at 10.07 a.m. to provide an opportunity for the Members to read the documents circulated and reconvened at 10.38 a.m.


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 Mr Atkinson, a Hackney Carriage proprietor, prior to his current licence expiring. Within the report, the Officer highlighted the age of the vehicle and that Mr Atkinson had submitted a similar request to re-licence the same vehicle in 2018. The application had been heard on 4 July 2018 and had been granted for one year. The Principal Environmental Protection Officer explained that if granted, the Council would again 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 that one of the unintended consequences of the policy was that it also ensured that the vehicle fleet would comply with the most recent vehicle emissions requirements. 


Mr Atkinson, the applicant, was invited to present his case but informed the Sub-Committee that he had nothing further to add following the Principal Environment Protection Officer’s report.


The Principal Environmental Protection Officer asked the Applicant if there were any exceptional circumstances to be taken into account and, if the licence was to be extended, if the Applicant felt he would gain an economic advantage over other licence holders. The Applicant responded by stating that the vehicle was a good asset to a family run business and he did not feel he would gain an unfair advantage.


Mr Atkinson responded to a question raised by a Member and stated that his vehicle was fit for purpose and there was no difference between his vehicle and a wheelchair accessible vehicle which could be licensed for up to 14 years.


Note – Following a vote, the Sub-Committee, together with the Legal, Governance and Democracy Specialist, Principal Environmental Protection Officer and Mr Atkinson, adjourned to view the vehicle at 10.45 a.m. and reconvened at 10.52 a.m.


Mr Atkinson was invited to make a closing statement but informed the Sub-Committee that he had nothing further to add.


Note – The Sub-Committee passed a  ...  view the full minutes text for item LRS/13