Agenda item

Report of the Head of Community and Customer Services

The Committee received a report of the Head of Community and Customer Services outlining a revised vehicle licensing policy and conditions.

The Licensing Officer introduced the report.  He explained that the policy and conditions had been amended due to changes in legislation, suggestions by drivers and input by officers.  He outlined how drivers were consulted during the review process; where issues of failing inspections for minor infringements and the number of seats in vehicles were raised as the predominant matters of concern.  With regard to the number of seats; it was now proposed that the seats licensed in a vehicle would equate to those as described in a vehicles’ registration certificate.

The Licensing Officer explained that the review process had included the updating of conditions that were out of date and the merging of two separate and lengthy policy and conditions documents into one streamlined document of seven pages; making this more convenient and more accessible.

The Licensing Officer proposed an amendment to Appendix Two of the report on page 42, item 8(2); removing the requirement for Hackney Carriages and Private Hire vehicles to have a Ministry of Transport Test Certificate, regardless of the age of the vehicle, when applying for vehicle licences.  It was proposed that instead, a vehicle should not require such a certificate until it was one year old from the date of registration.  This would relax the current policy which in effect required new vehicles to have a certificate when applying for a vehicle license; this appeared somewhat disproportionate.  Also, the revised policy would bring Private Hire Vehicles in line with the law as it related to Hackney Carriages.  However, it was open to the Committee to prescribe any time period for up to three years from the date of registration for a Private Hire vehicle to have a test certificate (when they were required to have one by law), whereas it was only a legal requirement for a Hackney Carriage to have a certificate after the first year from registration.

Councillor Scudder asked why there was this disparity in the law in relation to the time periods when Hackney Carriages and Private Hire vehicles had to have Ministry of Transport Test Certificates.  The Licensing Manager suggested that this may be because Private Hire operators had a greater degree of control than that in relation to a Hackney Carriage owner.  The Licensing Officer added that this might also be because Hackney Carriages undertook more mileage when plying for hire than Private Hire Vehicles which would only collect fares following booking.    

The Chair summarised the proposal explaining that it would provide equilibrium for both types of vehicle with an emphasis on safety. 

Councillor Derbyshire asked how steps could be taken in the future to ensure that vehicles were taxed; as tax discs were being dispensed with.  The Licensing Officer explained that checks would be undertaken during inspections using the vehicle registration certificate and going on to the gov.uk website.

Councillor Jeffree commented that keeping the time periods for Ministry of Transport Test Certificates for Hackney Carriages and Private Hire vehicles when applying for vehicle licenses was correct and kept matters simple.  He asked what the charge was for a certificate.  The Licensing Officer explained that garages could charge up to a maximum of £52 but in some instance it might be free of charge.

Councillor Jeffree said that he agreed with the suggested policy around the number of seats in a vehicle; keeping it simple, like the Ministry of Transport Test Certificate issue, was the right approach.  However, he felt that there was too much discretion with regard to first aid kits and fire extinguishers.  He asked what was meant by an ‘appropriate’ fire extinguisher as described in the policy and questioned whether some guidance or advice should be given.  The Licensing Officer explained that explanatory notes would be issued to drivers indicating the type of fire extinguisher suggested for use; and as recommended by the Fire Service.  With regard to first aid kits; drivers were required to have these in the event of injury to themselves under Health and Safety legislation.  Previously, a content list was prescribed by the Council but had proved too onerous for drivers.  As a result, the content of kit was deliberately left open; it was not for the Council to dictate on this issue.

Councillor Jeffree said that he still considered the matter needed more flesh on the bones; such as recommending that a kit be obtained from a reputable chemist for example.  The Licensing Officer said that consideration could be given to providing information on what items would be sufficient.  The Environmental Health and Licensing Section Head said that they would make reference to the Health and Safety guidance to drivers that would explain the requirements for a first aid kit and that the contents should be in a reasonable condition.

Councillor Derbyshire returned to the Ministry of Transport Test Certificate issue asking on how many occasions issues had been raised by drivers about having to test a new car under the old policy.  The Licensing Officer explained that the matter had been raised recently by an applicant seeking to licence brand-new electric vehicles.  He suggested that drivers might question the sensibility of buying a new vehicle if it required a certificate which would then be at variance with the desire for them to have the safest transportation possible; another reason for the change in policy.

Councillor Connal asked whether it was considered satisfactory for young children to be carried without a requirement for restraints.  The Licensing Officer explained that this was an exemption under statutory legislation for Private Hire and Hackney Carriages and was not simply Council policy.   

Members discussed the potential for drivers to be provided with first aid training or to be given documentation to help identify symptoms in respect of passengers; with officers making a number of suggestions.  However, as the first aid kits were in vehicles under Health and Safety regulations for a driver’s own use in case of injury to themselves, it was agreed by the Committee that complying with the Health and Safety rules would be sufficient.  It was also agreed that signs in vehicles indicating that a first aid kit was being carried could be removed so as to avoid any conflict with passengers.

The Licensing Officer proposed one further amendment to the report; that on page 25, paragraph 2.2 (the second recommendation), the word ‘new’ be deleted from line two.  This was agreed.

The Chair thanked the officers for presenting the two reports to the Committee.

RESOLVED –

That the Licensing Committee adopt the revised vehicle licensing policy and conditions which are attached to the report at appendix 2 (for hackney carriages) and appendix 5 (for private hire vehicles); with the following amendment:

1.       Appendix 2, page 42, item 8(2) to read; ‘a valid MOT certificate is in force

       (issued within the previous 30 days), for vehicles registered with the DVLA

        for 12 months or more at the time the vehicle is presented for licensing;’

           2.    That the Committee approve that the new licence conditions and vehicle

             criteria come in to force for vehicle licences issued after 6 April 2015.

Chair

Licensing Committee

The meeting started at 7.30 p.m.

The meeting started at 7.32 p.m.

and finished at 9.13 p.m.