NOT FOR PUBLICATION

North Yorkshire Council

General Licensing and Registration Sub-Committee

19 March 2024

Application to renew a hackney carriage vehicle licence for a vehicle over 10 years of age from first registration – Plate 100C

Report of the Corporate Director of Environment.

1.0 PURPOSE OF REPORT

1.1 The purpose of this report is to determine an application to renew a hackney carriage vehicle licence for a vehicle over 10 years of age from first registration.

2.0 SUMMARY

2.1 The applicant is seeking to have this vehicle re-licensed, but this does not comply with Council policy in that it was 10 years old on 14 March 2023. The current hackney carriage licence expires on 31 March 2024 and therefore the vehicle requires re-licensing. This report details the relevant legislation and matters to be considered when making the decision.

3.0 BACKGROUND – The licensing of hackney carriage vehicles

3.1 The Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847 requires that that hackney carriage vehicles are to be licensed.

3.2 The criteria applying to this application involves consideration as to whether the vehicle is suitable as determined under Section 47 of The Local Government (Miscellaneous Provisions) Act 1976 and also the North Yorkshire Council Hackney Carriage and Private Hire Licensing Policy.

3.3 Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 allows the local authority to attach any conditions that the district council may consider reasonably necessary to licence a vehicle for hackney carriage work.

3.4 Section 47 of the the North Yorkshire Council Hackney Carriage and Private Hire Licensing Policy states: -

“The licensing authority will only generally issue a licence in respect of a hackney carriage vehicle if it is less than 10 years old (the age of the vehicle shall be taken from the date of first registration shown on the vehicle registration document, V5C). The policy with regards to vehicle specification shall be applied in the majority of cases when considering licensing applications, but the licensing authority will consider each application on its individual merits and may, at times, allow exceptions to this policy. Where exceptions are made in this regard, vehicles shall be subject to three mechanical inspections each year”

The full policy can be found here: NorthYorkshireCouncilHackneyCarriageandPrivateHireLicensingPolicy.pdf

The policy goes on to say that a vehicle will fail an inspection, and therefore not be fit to be licensed, if any of the following apply:-

· Lights inoperable, damaged, mis-aligned or of insufficient intensity

· Spare wheel, jack and wheelbrace (or manufacturers’ alternative) not provided and secured

· Insufficient, damaged or worn seatbelts

· Loose, damaged, missing or defective mirrors

· Leaks, excessive wear, damaged or insecure pipes

· Excessive smoke emission

· Excessive corrosion/damage, unsightly appearance, poor repair/paint match staining, sharp edges

· Visible rusting

· Significant dents or scratches

· No separation of luggage space from passenger seating area

· Meter not linked to roof sign

· Meter not sealed

· Damaged/illegible/insecure plate

· Insecure roof sign, inconsistent/insufficient illumination or excessive damage to wiring

· Defective locks, windows, door lights or damaged/missing door seals

· Excessive dirt, stains, holes or tears

· Any other reasonable cause

4.0 DETAILED PRESENTATION OF THE SUBSTANTIVE ISSUE

4.1 The vehicle in question, which carries up to 4 passengers, is a grey Skoda Superb. It has a 1968cc diesel engine. The vehicle has covered approximately 240,000 miles and has a Council compliance test in force until 15 March 2024 (at time of the report being written but will be renewed). The vehicle was first registered on 14 March 2013, which means the vehicle is just over 11 years old. The proprietor has applied to renew the hackney carriage vehicle licence for a further 12 months contrary to the approved policy which states that vehicles should not normally be licensed beyond the age of 10 years old. The application can be found at appendix 1

4.2 Photos of the vehicle can be found at appendix 2.

4.3 Licensed vehicles are required to undertake a compliance test periodically, the frequency determined by the age of the vehicle. Copies of the last 2 years inspection reports can be found at appendix 3.

4.4 The proprietor will be presenting the vehicle for inspection on the day of the panel hearing.

4.5 The panel has the following options when considering this matter.

(1) To grant the application for a period of 1 year.

(2) To refuse the application

5.0 ALTERNATIVE OPTIONS CONSIDERED

5.1 All options are detailed in this report. There are no alternatives.

6.0 FINANCIAL IMPLICATIONS

6.1 There are no financial implications.

7.0 LEGAL IMPLICATIONS

7.1 If Members decide not to allow the vehicle to be licenced there is a right of appeal for the licence holder to the Crown Court.

8.0 EQUALITIES IMPLICATIONS

8.1 No impacts have been identified.

9.0 CLIMATE CHANGE IMPLICATIONS

9.1 None identified.

10.0 POLICY IMPLICATIONS

10.1 None identified.

11.0 CONCLUSIONS

11.1 Members are asked to consider the vehicle proprietors application, the relevant legislation, and North Yorkshire Council Licensing policy to decide whether the application for a hackney carriage vehicle licence should be granted or refused.

12.0 REASONS FOR RECOMMENDATIONS

12.1 The Council has a duty through the hackney carriage and private hire licensing regime to protect the public

13.0

RECOMMENDATION(S)

13.1

Members are asked to consider the information presented in relation to the application and to determine one of the following actions:

(1) To grant the application for a period of 1 year.

(2) To refuse the application

APPENDICES:

Appendix 1 – Vehicle renewal application form.

Appendix 2 – Photos of the vehicle

Appendix 3 – MOT/Compliance test reports