Agenda and minutes

Apologies for absence were received from Councillors K Dodds, C Bradley, M Brain, B Oliphant and P Ronan.

The Committee is asked to approve the minutes of the last meeting held on 29 March 2016.

RESOLVED - That the minutes of the last meeting be approved as a correct record.

The Committee is asked to consider the applications for vehicles that are over the age of three years to be licensd as Private Hire Vehicles/Hackney Carriages.

RESOLVED - the Committee decided not to grant a Private Hire licence in respect                      of the vehicle for the following reasons:-

                        The Committee had regard to the information contained in the                                 Licensing Officer’s Report dated 19 April 2016, including that the                                    vehicle had been tested by the Council’s vehicle inspector on 18 April               2016 and had been found to be roadworthy.

                        The Committee were mindful that holding a Private Hire Vehicle                             licence is a privilege and not a right, and that under the Local

                        Government (Miscellaneous Provisions) Act 1976, licensing                                    authorities must not permit a vehicle to be licensed unless they are                satisfied that the vehicle is suitable to be licensed.

                        The Committee noted that the starting point in the Council’s policy is                       that the vehicle’s age indicated that it was not suitable to be licensed.

                        The applicant was asked whether there was anything exceptional                           about the individual circumstances that could justify deviating from the               Council’s policy. The applicant stated that he was aware of the                           Council’s policy when he purchased the vehicle, but did so in any                           event as it was cheaper to buy that vehicle than one that would have               satisfied the Council’s policy.

                        The applicant was asked if her had any information concerning the                         vehicle’s current level of emissions, and stated that he did not.

                        The Committee found that the information provided by the applicant                       did not provide good reason to deviate from the Council’s policy as the                    economic factors relevant to the vehicle’s purchase were irrelevant to                the vehicle’s suitability to be licensed.

                        The applicant was also advised that is he was aggrieved by the                               Committee’s decision he has the right to appeal to Gateshead                               Magistrates’ Court within 21 days of the decision. As the applicant was               in attendance at the hearing and was duly notified of the decision at                        that time, any such appeal should be brought within 21 days of the                     hearing date.

The Committee may wish to exclude the press and public from the meeting during consideration of the following items on the grounds indicated:-

Item No                                                           Paragraphs of Schedule 12A to the

                                                                        Local Government Act 1972

5                                                                                              7                                                         

RESOLVED -             that the press and public be excluded from the meeting during                                consideration of the remaining business in accordance with the                               indicated paragraphs of Schedule 12A of the Local                                                     Government Act 1972.

Report of the Strategic Director Communities and Environment

RESOLVED -             i)          the Committee decided to adjourn determination of                                                  application RC/07/16 (Renewal of Private Hire Driver                                              Licence) until the next available hearing                                                                     following the outcome of the criminal proceedings in                                                 respect of the alleged speeding offence that occurred                                              on 8 December 2015; and

                                    ii)         should the applicant’s DVLA licence be endorsed with                                              three penalty points as a result of his acceptance of a                                              Fixed Penalty Notice in respect of the offence, then the

                                                Service Director of Development and Public Protection                                           shall be duly authorised to gran the licence for a period                                            of one year, subject to the Council’s standard Private                                          Hire Driver licence conditions.

                                    iii)         the Committee decided to approve application                                                          RC/08/16 (Review of Private Hire Driver Licence) but                                              the applicant will be issued with a strict warning in                                                            respect of his future driving conduct