North Yorkshire Council

 

General Licensing and Registration Sub-Committee

 

08 April 2026

 

Application for a Private Hire Vehicle Licence

 

Report of the Corporate Director – Environment

 

1.0       PURPOSE OF REPORT

 

1.1       To seek the determination by the Licensing Sub Committee of an application for a private hire vehicle that does not comply with the standard criteria as stated in the Council’s Hackney Carriage and Private Hire Policy (“the Policy”). Such vehicles may be licensed at the discretion of the General Licensing and Registration Sub Committee.

 

 

2.0       PRELIMINARY MATTER

 

2.1       This report relates to a further application for the same vehicle previously considered on 20 January 2026. At that meeting, the SubCommittee refused the application following concerns about the size, comfort and accessibility of the rear seats, the lack of sufficient luggage space when these seats were in use, and the overall suitability of the vehicle to carry six passengers safely and comfortably.

 

2.2       At the earlier hearing, the SubCommittee also noted that no information had been provided by the Council’s Integrated Passenger Transport (IPT) team regarding the suitability of such vehicles for home to school transport. IPT have since provided detailed evidence, which is now included at Appendix E.

 

3.0       BACKGROUND

 

3.1       An application for a private hire vehicle licence has been received and is included at Appendix A. The applicant seeks a licence permitting the carriage of six passengers.

 

3.2       Although the vehicle has seven passenger seats, the rearmost seats are considerably smaller than standard seats and offer reduced headroom, legroom and width. There is also insufficient luggage space when these seats are in use. This means the vehicle does not meet the specification required by paragraph 172 of the Policy.

 

3.3       The applicant has provided a supporting statement at Appendix B, explaining that the vehicle is required to deliver home to school transport contracts in rural areas. The applicant notes that sourcing a replacement vehicle that is under ten years old, has seven seats and is fourwheel drive represents a significant financial investment for a small operator.

 

3.4       The applicant emphasises that the vehicle is insured solely for the carriage of school children on journeys relating to school attendance. If used for any other purpose, it would not be insured. This insurance limitation does not remove the Licensing Authority’s responsibility to consider public safety, comfort and compliance with the Policy.

 

 

 

3.5       Details of the vehicle are as follows:

                        Make:                                      Volkswagen

                        Model:                                     Tiguan Aspace R-Line TDI 4M SA

                        Colour:                                    Blue

                        First Registration:                    15/12/2023

                        Mileage:                                  10529 (at time of MOT test)

                        Fuel Type:                               DIESEL

                        Engine Size:                            1968 cc

                        Co2 Emission                          170 g/km

3.6       The vehicle passed an MOT test on 27 November 2025 with no defects recorded. The vehicle also passed the Council’s vehicle inspection on 05 November 2025 with no defects recorded. These documents are attached at Appendix C.

 

3.7       IPT advise that many modern MPVs used for home to school transport, including in rural areas, are manufactured with flexible or smaller rear seats. IPT state these seats are routinely used for younger pupils on short journeys without issue. They raise concerns that if these seats cannot be licensed, vehicle capacity on multiple routes will reduce and additional vehicles will be required. IPT highlight that rural areas already face limited vehicle availability, and sourcing extra vehicles, particularly fourwheel drive vehicles for remote roads, may increase costs for the Council’s transport budget.

 

3.8       Members are encouraged to view the vehicle before making their decision. It will be available for inspection at the hearing.

 

4.0       ALTERNATIVE OPTIONS CONSIDERED

 

4.1       All of the Sub-Committee’s options are outlined in paragraph 10.0. No alternative options are available.

 

5.0       FINANCIAL IMPLICATIONS

 

5.1       No financial implications have been identified.

 

6.0       LEGAL IMPLICATIONS

 

6.1       The Licensing Authority must determine an application for the grant of a private hire vehicle licence in accordance with relevant legislation and the Council’s Policy. The Licensing Authority would leave itself open to appeal at the Magistrate’s Court or Judicial Review should it not comply with all legal requirements.

 

6.2       The Applicant may appeal against the decision of the Sub-Committee if it decides not to grant the application. An appeal must be made to the Magistrates’ Court within 21 days of receiving notification of the decision.[1]

 

6.3       The Local Government (Miscellaneous Provisions) Act 1976 requires Private Hire Vehicles to be licensed.

 

6.4       Section 48 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 license a vehicle for private hire work.  An appeal in relation to any attached conditions to the grant of a private hire licence must be made to the Magistrates' Court within 21 days of receiving notification of the decision.

 

 

7.0       EQUALITIES IMPLICATIONS

 

7.1       No equalities implications have been identified.

 

8.0       CLIMATE CHANGE IMPLICATIONS

 

8.1       No climate change implications have been identified.

 

9.0       POLICY IMPLICATIONS

 

9.1       In carrying out its licensing functions, the General Licensing and Registration Sub-Committee should have regard to the Council’s Hackney Carriage and Private Hire Licensing Policy.

 

9.2       According to paragraph 8 of the Council’s policy, the licensing regime should ensure that licensed hackney carriage and private hire vehicles are of high quality, offer safety and comfort to the users and operate in such a way as to protect the public’s safety and well-being. Whilst facilitating access to an efficient and effective public transport service.

 

9.3       According to paragraph 15 of the Council’s policy,in most cases, when considering licence applications, the licensing authority will consider each application on its individual merits. It may, at times, allow exceptions to the general policy.

 

9.4       According to paragraph 16 of the Council’s policy, it will be necessary to consider, in relation to any particular application, whether the specific circumstances justify allowing an exception.

 

9.5       According to paragraph 17 of the Council’s policy, it will be up to the applicant to show that an exception should be made to the policy, and if the objectives can still be met, the licensing authority may exercise its discretion to depart from the general policy. Where exceptions are made, reasons will be given.

 

9.6       According to Paragraph 172 of the Council’s Policy, the licensing authority will only generally issue a licence in respect of a private hire vehicle if it meets the private hire vehicle specification which is attached at Appendix D.

 

10.0     REASONS FOR RECOMMENDATIONS

 

10.1     The vehicle does not comply with the standard criteria as stated in the Policy; therefore, the determination of the application rests with the Sub-Committee.

 

11.0

RECOMMENDATION(S)

 

11.1

 

11.2

 

11.3

 

To grant the application

 

To grant the application including additional conditions; or

 

To reject the application

 

 

 

 

 

 

 

APPENDICES:

Appendix A – Application form

Appendix B - Applicant’s supporting statement

Appendix C – Vehicle Inspection Report & Mot History

Appendix D – Private Hire Vehicle specification

Appendix E – IPT Statement on rural transport challenges

 

BACKGROUND DOCUMENTS:

 

North Yorkshire Council’s Hackney Carriage & Private Hire Licensing Policy.

Department for Transport’s Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England (Updated 17 November 2023).

 

Karl Battersby

Corporate Director – Environment

County Hall

Northallerton

 

12 March 2026

 

Report Author – Lisa Templeton – Licensing Enforcement Officer

Presenter of Report – Lisa Templeton – Licensing Enforcement Officer

 

Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.



[1] By virtue of Section 48(8) of the Local Government (Miscellaneous Provisions) Act 1976