Agenda and draft minutes

Licensing Regulatory Sub-Committee - Thursday, 15 September 2022 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

LRS/7

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Kevin Holmes be elected Chairman for the meeting.

LRS/8

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/9

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 interests were raised.

LRS/10

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 excluded items on the agenda.

LRS/11

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/12

Application to Renew Hackney Carriage Vehicle Contrary to Vehicle Age Limit Policy pdf icon PDF 610 KB

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

Additional documents:

Minutes:

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 15 May 2012 and had been licenced as a hackney carriage since September 2016.  Details of the vehicle’s MOT history are included as Appendix 2 to the report.

 

The Applicant confirmed that he did not wish to ask the Licensing Specialist any questions.

 

Members sought clarification on some of the defects of the vehicle found within the MOT. The Licensing Officer reported that the defects in question could only have been picked up by a specialist with the appropriate equipment. On inspection of the vehicle, no apparent issues had been be found.

 

The Applicant addressed the Sub-Committee, he confirmed that he was aware of the ten year vehicle age limit rule. He explained that due to the difficulty faced during the Covid-19 Pandemic his income had dropped significantly. The Applicant advised that the taxi was his main source of income which meant he had not been able to buy a replacement vehicle. The Applicant thanked Members for considering his Application.

 

The Licensing Officer had no further questions and advised the Committee that he had inspected the vehicle with a colleague and found the vehicle to be in very good condition. 

 

Members from the Licencing Sub-Committee did not have any questions for the Applicant

 

When asked to provide a summary of his Application the Applicant confirmed that both Licensing Specialists had inspected the vehicle and requested that his Application for the renewal of his licence be granted.

 

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), then withdrew at 10.10 a.m. to consider the application.

 

The meeting reconvened at 10.23 a.m.

 

The Legal, Governance and Democracy Specialist (Solicitor) communicated the Sub-Committee’s decision.

 

Having read and heard the representations made orally and in writing by the Applicant, and based on the submitted report, the Sub-Committee:

 

RESOLVED – That the Council’s age limit policy be dispensed with on this occasion and that Mr. Evans be granted a renewal for his Hackney Carriage Vehicle Licence for the vehicle bearing the registration mark LL12 BZC, for a 12 month period.

 

The evidence presented to Members at the hearing and documents contained within the report showed that:

 

a.         The Applicant’s vehicle undergoes a four-monthly MOT tests in accordance with the Council’s Policy due to the vehicle being over 8 years old;

 

b.         The Engineers report and inspection did not identify any problems;

 

c.         Members were satisfied with the current state of the  ...  view the full minutes text for item LRS/12