Agenda and draft minutes

Licensing Regulatory Sub-Committee - Friday, 30 October 2020 10.00 a.m.

Contact: Committee Services 

Link: View the live stream of the meeting here

Items
No. Item

LRS/1

Introductions

Minutes:

Following confirmation that the live stream of the meeting had commenced, the Legal, Governance and Democracy Specialist welcomed everyone to virtual meeting of South Lakeland District Council’s Licensing Regulatory Sub-Committee.

 

The Legal, Governance and Democracy Specialist then invited Members of the Committee to introduce themselves, to advise whether they were taking part by video or audio and to confirm that they were able to see (where practicable) and hear all Members participating in the meeting. All Members present, having indicated that this was the case, the Legal, Governance and Democracy Specialist then invited the public participants, who had been dialled into the meeting, to introduce themselves and confirm that they were able to hear the proceedings. He then referred to officers present at the meeting who would introduce themselves when asked to address the meeting.

LRS/2

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Helen Ladhams be elected Chairman for the meeting.

LRS/3

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/4

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/5

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 the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

LRS/6

Chairman's 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/7

Application to Renew Hackney Carriage Licence contrary to Vehicle Age Limit Policy (Cttee Ref: LR01 - 20/21) pdf icon PDF 337 KB

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

Additional documents:

Minutes:

The Licensing 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. The Officer highlighted that the vehicle passed its MOT test on 16 July 2020 without issue, and on 17 July 2020 passed its HCV inspection, complying with the Council’s requirements.

 

Within the report, the Licensing Officer highlighted the age of the vehicle and that Mr Atkinson had submitted similar requests to re-licence the same vehicle in both 2018 and 2019. The application had been heard on 4 July 2018 and 29 July 2019, and on both occasions, the licence had been granted for one year.

 

The Licensing 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.

 

Hayley Owens, the Applicant’s Agent, was invited to present Mr. Atkinson’s case whereby she stated that due to COVID-19 a new vehicle had not been purchased by the Applicant and highlighted to the Sub-Committee that the vehicle was in a safe and fit condition.

 

Mr. Atkinson responded to a question raised by a Member regarding the replacement of the vehicle, to which Mr. Atkinson responded that he would hope to replace the vehicle in the spring of 2021.

 

The Applicant’s Agent made a closing statement adding that due to financial hardship and having a family of five, the Applicant was not in a position to purchase a new vehicle this year.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public and Mr Atkinson in making its decision, pursuant to Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated:-

 

Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

The Sub-Committee, supported by the Legal, Governance and Democracy Specialist then withdrew to consider the circumstances put forward and subsequently reconvened to deliver the decision.

 

Having heard the facts of the case, having had regard to the Council’s policy on vehicle age limits and having heard the representations made by Mr. Atkinson, the Sub-Committee were therefore satisfied that, despite the age of the vehicle, it was of good working order.

 

RESOLVED – That the Council’s Age Limit Policy be dispensed with on this occasion and that Mr  ...  view the full minutes text for item LRS/7