Venue: Lowther Room, Kendal Town Hall. View directions
Contact: Committee Services
Election of Chairman
To elect a Chairman for the meeting.
Whilst Councillor Helen Ladhams was initially appointed as Chair for the meeting, a second vote was subsequently taken and it was
RESOLVED – That Councillor Kevin Holmes be elected Chairman for the meeting.
Apologies and Reconstitution of Membership
To receive apologies for absence, if any, and to report any arising changes to membership.
Apologies were received from Councillor Ian Wharton, Councillor Helen Ladhams, acting as the substitute took his place on the Licensing Regulatory Sub-Committee.
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.
To consider an application to licence a Private Hire Vehicle contrary to Vehicle Age Limit Policy and to consider exemption from the requirement to display Private Hire plates and signage due to the nature of the vehicle and the business.
The Licensing Specialist presented a report asking the Sub-Committee to consider an application for the grant of a Private Hire Vehicle Licence, explaining that, if granted, this would require the Council to dispense with the current vehicle age limit policy, as the vehicle in question was more than five years old and was not a wheelchair accessible vehicle.
The Applicant presented their case, noting that there had been a great deal of interest in Vintage Lakeland Tours since opening the website, which he hoped to offer with the grant of the Private Hire Vehicle Licence. Following his representation to Members, he presented the Sub-Committee with additional documents for consideration, which included results of a specific brake test, Customer acceptance of Terms and Conditions to be signed and dated by the customer before any tour begins and the Daily Pre-Use Checklist to ensure the vehicle is in good working order before setting off. These documents were published on the Council’s website following the meeting.
The Applicant responded to questions raised by Sub-Committee Members.
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.
The Sub-Committee having heard the facts of the case, having heard the representations made by the Applicant, having carefully considered the circumstances of the application and the SLDC Hackney Carriage and Private Hire Licensing Policy and it was
RESOLVED – That the Sub Committee has considered the application, the report and appendices presented, the representations from the applicant and all responses to questions asked by members of the Sub Committee.
(1) The Sub Committee has reached the conclusion that the application for a private hire licence should be approved subject to the following conditions:
a. The vehicle must not be used for standard private hire journeys
b. The vehicle must be used for the provision of pre-booked tours with a set tour fee only
c. Children under the age of eight must not be carried in the vehicle
d. Children aged eight and over must be carried in the rear of the vehicle
e. The vehicle must carry two warning triangles at all times to be used in an emergency or breakdown
(2) The Sub Committee have approved the application for an exemption from the requirements to display private hire plates and signage for the vehicle bearing the registration mark YW7340 due to the nature of the vehicle and the Applicant’s business.
Reasons for Decisions:
The Sub Committee are of the view that young children under the age of eight years old may cause a distraction and may be unlikely to remain seated without seatbelt restraints.