10 December 2013 - East Devon District Council

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Agenda Item 6 Licensing and Enforcement Sub-Committee 10 December 2012 D Jackson Hackney Carriage Vehicle Suitability Summary It is the District Council’s policy, (1) that on initial licensing as a hackney carriage a vehicle shall not be more than four years old from the date of first registration as shown on the registration document and shall not normally be licensed in the case of ordinary cars beyond eight years old, and purpose built hackney carriages (as so described in the registration document of the vehicle) beyond ten years of age. Vehicles of a greater age shall be licensed subject to a satisfactory test certificate being obtained every six months. Recommendation To consider the application to licence a Mercedes 320 coupe registration number BP06 KRF as a hackney carriage vehicle that falls outside of the criteria as required by the East Devon District Council and determine whether to make an exception to the District Council’s policy and agree to licence the vehicle or refuse the application. a) Reasons for Recommendation To ensure that vehicles licensed with this authority meet a high standard of passenger safety and comfort. b) Alternative Options To refuse the application, or to make an exception to the policy and grant the application to licence the vehicle as a Hackney Carriage vehicle. c) Risk Considerations If this application is refused, an applicant whose application is refused has a right to appeal within 21 days to a Crown Court. d) Policy and Budgetary Considerations The Policy implications are set out in the report. As far as budgetary considerations are concerned if there is an appeal and the Council loses, there may be a financial implication as to costs/compensation etc to be paid by the Council. e) Date for Review of Decision None. Main Body of the Report 6
1.1 The licensing of hackney carriages is the responsibility of the local authority and is governed mainly by legislation under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976. 1.2 Section 47 Local Government (Miscellaneous Provisions) Act 1976 states that (a) A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary, and (b) Without prejudice to the generality of the foregoing subsection a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear any distinguishing marks as shall clearly identify it as a hackney carriage. 1.3 In March 1994 the Tourism and Transportation Committee agreed to consolidate the terms and conditions of hackney and private hire licensing requirements in a booklet which should be made available to existing and potential hackney carriage drivers and owners. Part of the terms and conditions were that (a) On initial licensing, as a hackney carriage a vehicle shall not be more than four years old from the date of first registration as shown in the registration document. 1.4 On 15 November 2013 Mr Alexandru Dragan, a licensed hackney carriage driver with this authority made an application to the District Council to licence a Mercedes Saloon registered number BP06 KRF this vehicle was registered on 01.08.2006 making it approx. Seven years and four months old. In support of this application the following documentation was produced, a valid MOT Test Certificate dated 6 June 2013 and a current registration document for the vehicle. 1.5 The vehicle is described in the registration document as a diesel Mercedes CLS 320 Coupe with a cylinder capacity of 2987 cc. 1.6 Mr Dragan is currently employed as a hackney carriage driver for a local hackney carriage operator, but he would like to operate a hackney carriage for himself, in the east Devon area. He has been a licensed hackney carriage driver with this authority since 1 November 2008 1.7 The Mercedes 320 the subject of the application, was shown to licensing staff on 14 November 2013, and the application to licence was made shortly afterward. 1.8 The vehicle configuration is as follows. The vehicle has a driver’s seat one front passenger seat, and two seats in the rear and the request would be for the vehicle to be licensed for three fare paying passengers. 1.9 The recorded mileage on the MOT test certificate dated 6/6/2013 is 60850 miles and in his application Mr Dragan says the vehicle has now recorded 66000 miles. The mileage it is thought will not be much more that this on the committee day. 2.0 It is the Licensing Manager’s recommendation that only if members are satisfied that there are very exceptional reasons for doing so should this application be granted. . 2.1 The vehicle will be produced by the applicant at the Council Offices on the day of the hearing to enable Members to inspect the vehicle if they wish to do so. 7
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APPENDIX D Public Safety Prevention
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APPENDIX D I do not believe that an
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APPENDIX D I am conscious there is
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APPENDIX D Attached sheet: The foll
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Prevention of Public Nuisance APPEN
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Attending Represented by Supporting
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APPENDIX E 1. The Licence Holder mu
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27. Each evening a reading will be
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Agenda Item 8 Licensing & Enforceme
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Details of the Responses to Notice
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which means that they must not go f
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2. (1) The responsible person shall
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crime, for the protection of health
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APPENDIX E Goa Spice - Responses to
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10 December 2013 - East Devon District Council

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