Meeting documents

General Licensing Committee
Wednesday, 5th June, 2013

Place: Cross Room, Civic Centre, West Paddock, Leyland

 Present: Councillors Mrs A A Ball (in the chair), Mrs K Beattie, Ms J Bell, Mrs J R Hothersall, Mr J A Kelly, Mr A E Pimblett, Mr C W Tomlinson, Mr D J Watts, Mr B Yates
 In attendance: David Whelan (Legal Services Manager), Andrew Smith (Licensing Officer) and Dave Lee (Democratic Services Officer)
 Public attendance: None
 Other Officers: None

Other Members: None

Item Description/Resolution Status Action
OPEN ITEMS
1 Apologies for Absence

Apologies for absence were submitted on behalf of Councillors?Rainsbury and?Suthers.


Noted   
2 Declarations of Interest

Councillors Kelly and?Yates declared?prejudicial interests in minute no. 8 becuase they were known to the applicant.


Noted   
3 Minutes of the Last Meeting
Minutes attached

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 26?February?2013 be approved as a correct record and signed by the chairman.


Agreed   
4 Allocation of Testing Stations
Report attached
Appendix 1 attached
Appendix 2 attached
Appendix 2a attached

The committee considered?whether the testing stations outlined in the report should be?approved?to test South Ribble Borough Council licensed and newly licensed vehicles.

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The council currently authorised thirteen testing stations to test licensed vehicles and new vehicles wishing to be licensed in accordance with the Council?s Roadworthiness Certificate (RWC)?as set out in Appendix 1 to the report.

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On 28 January 2013 all thirteen garages were written to along with garages that have previously expressed interest in becoming authorised to test licensed vehicles. Garages were given until 29 March 2013 to confirm whether they wished to become authorised Testing Stations.

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Eleven garages ultimately confirmed that they did indeed wish to become authorised testing stations.

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These eleven garages were then written to on?14?April 2013 and given four weeks to supply further information regarding their business practice and operation.

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The Licensing Officer informed the meeting that since the publication of the committee papers,?H Parkinson Haulage Ltd?had submitted the required information?regarding their businesses practices and operation. Accordingly, there were now nine garages of the eleven had now responded with the information requested (highlighted in blue in the table in the report and including?H Parkinson Haulage Ltd).

?

RESOLVED (UNANIMOUS): that?with effect from 1 October 2013 the -

?

1.?nine?garages as set out in the table in the report (highlighted in blue in the table in the report?and including H Parkinson Haulage Ltd) be?authorised?to test licensed vehicles and vehicles wishing to be licensed.

?

2.?outstanding two garages (Autosave (Bamber Bridge) Ltd and Northwest Autocare)?be also authorised?subject to the required information being returned?by them before the?above date.


Agreed  Principal Solicitor 
5 Hackney Carriage Vehicles: Licensing of Wheelchair Accessible Vehicles
Report attached
Appendix 1 attached

The committee considered?a request from licensed vehicle proprietors for the approval of?other types of wheelchair accessible vehicle to be licensed as hackney carriages.

?

Following agreement at General Licensing Committee on 11 January 2011 (Appendix 1 to the report) the licensing authority decided that all newly licensed hackney carriages should be side-loading wheelchair accessible vehicles. However, more recent concern has centred on side-loading wheelchair accessible vehicles having a higher floor height than their rear-loading counterparts.

?

Rear access vehicles allow for a shallower ramp angle and the ability to attach restraints to the wheelchair before it enters the vehicle. Therefore if the driver slip when pushing the wheelchair in, the restraints lock and prevent the wheelchair from falling backwards as may occur in a side-loading vehicle.

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The committee noted that many types of wheelchair accessible private passenger vehicle only allow access from the rear, and indeed many types of ambulance rely on the same method of access.?Not all wheelchair using passengers suffer from the same disability and?there should therefore be the ability for passengers to choose the vehicle that best suits their own needs.?

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The committee also noted that following some correspondence from the trade and a survey of other licensing authorities across the North West, it became clear that other authorities did?allow both types of wheelchair accessible vehicle. Whilst some authorities did?prescribe particular models of vehicle that could?be licensed, it was?felt that this could be too restrictive in relation to costs.

?

RESOLVED (UNANIMOUS): that the licensing of both side and rear-loading wheelchair accessible vehicles as hackney carriages be granted subject to the following -

?

1. the provision that where the type of vehicle has not previously been licensed before by the council it?be presented for inspection and approval by General Licensing Committee prior to a licence being issued.

2.?any vehicle to be licensed as a hackney carriage must be under the M1 vehicle category*.

3.?in accordance?with the council?s policy on Vehicle Age Limits.

(* Category M1: Vehicles designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver's seat.)


Agreed  Principal Solicitor 
6 Application for Private Hire Vehicle Licence: Lincoln Towncar
Report attached
Appendix 1 attached
Appendix 2 attached
Appendix 3 attached
Appendix 4 attached
Appendix 5 attached

An application for a private hire vehicle licence for a Lincoln Towncar(stretched limousine) : S104 SUH was submitted.

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The applicant, Mrs Pennington, attended the meeting and addressed the committee.

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The meeting was adjourned at 6.30pm to allow members of the committee an opportunity to inspect the vehicle.

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The meeting resumed at 6.35pm.

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A request was also?made by the applicant?to waive the requirement to display private hire vehicle licence plates if the application for the vehicle licence was granted.

?

RESOLVED (UNANIMOUS): that -

?

1.?Mrs?Pennington's application to licence the?Lincoln Towncar (stretched?limousine)?as a private hire vehicle as detailed in the report submitted be?approved.

?

2.?the Lincoln Towncar in question need only be brought before General Licensing Committee again for further approval for it to be used as a private hire vehicle after a period of 3 years from the grant of a licence further to this decision.

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3. that the request to waive the requirement to display the vehicle plate,?be approved subject to the?following -

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1. The private hire driver's badge must be worn by the driver of the vehicle at all times.

2. That the standard Condition 6 attached to the grant of a Private Hire Vehicle Licence not be enforced and substituted by:

There is no requirement to fix a plate to the exterior of the vehicle but instead the notice issued under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 exempting the licence holder from the need to display a plate on the vehicle be carried to confirm the vehicle is licenced. The notice must be carried on the vehicle at all times and readily available if required by an authorised officer of the council.

3. That Condition 23(c) attached to grant of a Private Hire Vehicle Licence relating to the external affixing of door signs not be enforced.

4. That Condition 6(a) attached to the grant of a Private Hire Vehicle Licence relating to the display of an internal vehicle card not be enforced.

5. That in the event of the vehicle being used for non-executive private hire work, the usual private hire licensing requirements be enforced.


Agreed  Principal Solicitor 
7 Exempt Items

RESOLVED (UNANIMOUS): that the press and public be excluded from the meeting during the consideration of the following item of business as it involved the discussion of information which was defined as exempt from publication under paragraphs 1 and 2 (information relating to an individual and information which was likely to reveal the identity of an individual) of Part I of Schedule 12A of the Local Government Act 1972 and in which the public interest in maintaining the exemption outweighed the public interest in disclosing it.


Agreed   
EXEMPT ITEMS
8 Application for Hackney Carriage Driver?s Licence: Mr Brooks
Report attached

(Councillor Kelly and Yates?declared?prejudicial interests in this item?because they were?known to the applicant and left the meeting during the consideration and voting thereon.)

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An application for a hackney carriage driver?s licence was submitted.

?

The applicant, Mr Brooks?(accompanied by his daughter), attended the meeting and addressed the committee.

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RESOLVED (UNANIMOUS): that Mr Brooks?be granted a hackney carriage driver?s licence.


Agreed  Principal Solicitor 

  Published on Tuesday 11 June 2013
6.56pm