Agenda and draft minutes

Licensing Regulatory Sub-Committee - Thursday, 11 August 2022 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 Helen Irving, 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.


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 interests 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 excluded items on 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 pdf icon PDF 330 KB

To consider an application to renew a hackney carriage licence contrary to Vehicle Age Limit Policy.

Additional documents:


The Licensing Specialist presented a report regarding an application to renew the hackney carriage vehicle licence, which would require the Council to dispense with the current vehicle age limit policy. In this instance, the vehicle in question was more than ten years old and was not a wheelchair accessible vehicle.


The Applicant’s vehicle was first registered on 5 September 2011 and had covered 277,605 miles since this time. The vehicle had been nine years and ten months old when it was transferred to the Applicant and was not an accessible vehicle. The Licensing Specialist noted four failed MOTs, details of which were set out in Appendix 2 to the report.


In response to a query raised by Members, the Licensing Specialist informed the Sub-Committee that any failures in MOT should be reported to the licensing authority by the garage and Applicant, neither of which had happened on this occasion.


A further question was asked, regarding approximately 300 miles, which had been added to the vehicles mileage during the period when the vehicle had no valid MOT certificate.


The Applicant addressed the Sub-Committee, he referred to the difficulty faced during the Covid-19 Pandemic which meant he had not been able to buy a vehicle straight away which was the reasoning behind the application to extend for 12 months. He informed the Sub-Committee that he had been driving in the area for 15 years and had never asked for an extension within that period.


The Applicant informed the Committee that his previous vehicle, with a 2014 registration plate, had been stolen and that he had quit taxi driving during the Covid-19 pandemic until restrictions had been lifted. He concluded by informing the Sub-Committee that the car ran well despite the high mileage and noted the extended inspection report as set out in the agenda.


The Applicant provided answers to questions raised by Sub-Committee Members regarding why he had not informed the Council of the failed MOT, his actions following the failed MOT and the condition of the vehicle’s tyres.


The Applicant responded to queries raised by the Licensing Specialist regarding daily vehicle checks.


Following a request from the Chairman, the Applicant presented the vehicle to Members for inspection.


Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public in making its decision and retired in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005 (as amended) in order to further consider the application.


The Sub-Committee, supported by the Legal, Governance and Democracy Specialist  (Solicitor) and Trainee Solicitor, then withdrew at 10.50 consider the application.


The meeting reconvened at 11.44 a.m.


The Trainee Solicitor communicated the Sub-Committee’s decision.


The Licensing Sub-Committee, having read and heard the representations made by the Applicant, and based on the submitted report, including the report of MGD Limited, and following an inspection of the vehicle by members of the Sub-Committee, the Sub-Committee


RESOLVED – That the Council’s age limit policy be dispensed with on this occasion and  ...  view the full minutes text for item LRS/6