Agenda item

Report ENV894 from the Licensing Officer.

Decision

The Committee determined to deviate from the Council’s Hackney Carriage and Private Hire Licensing policy regarding a vehicle to be Euro 6 compliant due to the extenuating circumstances, the lack of wheelchair accessible vehicles within the district and renew the Private Hire vehicle licence in this instance.

The Legal advisor introduced those present and confirmed the name of the driver.

The Licensing Officer presented the report which asked the Licensing Committee to determine whether the Euro 6 requirement for a wheelchair accessible vehicle should be adhered to in line with the Hackney Carriage and Private Hire Policy dated June 2024 which had been updated following guidance issued by the Department of Transport in November 2023.

One of the amendments to the Policy related to the removal of the previous vehicle age limits both at first registration (no older than five years) and maximum age limit (10 years).  The new requirement was that all vehicles were Euro 6 compliant, registered after September 2015.

The driver had a wheelchair accessible Private Hire vehicle licensed with South Kesteven District Council since December 2020.  The driver also held a Private Hire driver’s licence.

The existing license expired at the beginning of December 2024, on checking the vehicle’s Euro rating it came back as Euro 5 and would not be compliant with the Council’s Policy. 

An email was received by the Licensing Team from the driver requesting his application for renewal be heard by the Licensing Committee.   Due to the expiry of the licence and the date of the next Committee confirmation was sought from the Chairman and Vice-Chairman of the Licensing Committee to extend the licence temporary until the date of the meeting.

The driver then made his representation stating that he was not aware of the changes regarding the rules and the age of vehicles, although the Council had circulated an email.  He stated that his vehicle was one of the few disabled vehicles in the District and he informed the Committee of the work that he did stating that it was his intention to change the vehicle next year.  Members asked if the replacement vehicle would be wheelchair accessible to which the driver indicated that it would be.

The Licensing Officer then gave his closing statement stating that it was for the Licensing Committee to decide whether the requirement for Euro 6 should be adhered to as per the Council’s Hackney Carriage and Private Hire Licensing Policy.  The Committee’s options were to approve the renewal or reject the Private Hire vehicle renewal.

The driver had nothing further to add.

(10:15 the Licensing Officers and applicant left the meeting)

Members discussed the application before them taking into consideration the report, representations made, the Council’s Hackney Carriage and Private Hire Policy, the Department for Transport Statutory Taxi and Private Hire Vehicle Standards and the Councillor Handbook.    Members acknowledged the lack of wheelchair accessible vehicles within the district and the fact that the driver had indicated that he would be replacing the vehicle in the next year.  Some discussion followed on the period the licence should run from and it was stated that the Committees decision was to decide whether or not to depart from the Council’s Hackney Carriage and Private Hire Policy and either renew or reject the application for renewal.  Due to the extenuating circumstances, the lack of disabled vehicles in the district, it was proposed that the vehicle licence be renewed, on being put to the vote this was agreed.  

(10:25 Licensing Officers and applicant returned to the meeting)

The Legal Advisor read out the Committee’s decision.  The Committee had taken into consideration the report, appendices, representation made, the Council’s Hackney Carriage and Private Hire Licensing Policy, the Department for Transport Statutory Taxi and Private Hire Vehicle Standards and the Councillor Handbook and had decided to deviate from the Council’s Policy due to extenuating circumstances, the lack of wheelchair accessible vehicles within the district and renew the vehicle licence.  The Committee acknowledged that the driver had indicated that he would be getting a new vehicle the next year and congratulated him on the service that he provided to the public.