hambleton district council report to: licensing and...

Hambleton District Council

Report To: Licensing and Appeals Hearings Panel

From: Director of Law and Governance (Monitoring Officer)

Date: 25 March 2020

Subject: Application for a new Private Hire Vehicle Licence PNP Coaches

Portfolio Holder: Governance Councillor Mrs I Sanderson

Wards Affected: All Wards

1.0 Summary

1.1 Members are asked to consider whether or not to grant an application for a private hire vehicle licence.

2.0 Procedure

2.1 The procedure for licensing hearings is attached as an Annex to the Agenda.

3.0 Background

3.1 An application for a new Private Hire Vehicle Licence was submitted on 21 February 2020 by Mr Alan Sherwood on behalf of PNP Coaches Ltd in respect of a Mercedes-Benz Vito, registration mark PN14 BGX. A copy of the application form is attached at Annex A.

3.2 At the time of the application, Mr Sherwood produced a letter to support the application together with some photographs of the vehicle. A copy of the letter and photographs are attached at Annex B and Annex C respectively.

3.3 All applicants are required to produce the following documents before a licence will be granted:

• proof that the licensing authority’s testing arrangements have been satisfied(i.e. a test paper completed and signed by a Hambleton-based VOSA-accredited testing station);

• the vehicle registration document (V5C) in the name of the proprietor/partproprietor (or proof of ownership – i.e. a bill of sale from a reputable form); and

• a current vehicle insurance certificate or cover note which includes the carriageof passengers for private hire.

3.4 The applicant has produced the requisite documents identified in paragraph 3.3 and copies are attached at Annex D, Annex E and Annex F respectively. The documents have been accepted and validated by licensing officers.

3.5 The MOT history of the vehicle has been taken from the GOV.UK website and is attached at Annex G.

3.6 The most recent data shows that, on 19 February 2020, the recorded mileage was 218,380 miles.

3.7 According to DVLA records, the vehicle in question was first registered on 12 March 2014.

4.0 Policy Considerations

4.1 In carrying out its licensing functions, the Panel should have regard to the council’s Hackney Carriage and Private Hire Licensing Policy.

4.2 In accordance with paragraph 3.2.1 of the policy, the council imposes general age limits in respect of private hire vehicles. In the case of new applications, the relevant age limit is 5 years. The vehicle in question surpassed this age limit twelve months ago.

4.3 The Licensing Committee approved the adoption of an age policy to promote public safety, reliability and improved high standards of hackney carriage and private hire services in the district.

4.4 The council’s policy can (and is generally likely to) affect the outcome of the decision in most cases and this is entirely lawful. The policy is a means of securing a consistent approach to individual cases.

4.5 Each case must be considered in the light of the policy but not so that the policy automatically determines the outcome1.

4.6 The policy allows for exceptions to be made by placing a requirement on the licensing authority to consider each application on its individual merits and to depart from the general policy where the specific circumstances of a case justify making an exception.

4.7 The onus is on the applicant to demonstrate that any such exception should be made2.

1 R v Hampshire County Council, ex p W [1994] ELR 460 2 R v Crown Court at Sheffield, ex p Consterdine (1998) [2002] L.L.R. 712

5.0 Determination by the Panel

5.1 Members are advised to take one of the following steps:

5.1.1 The Panel may conclude that the specific circumstances of the applicant’s individual case justify making an exception from the general policy, in which case, the Panel may grant the application; or

5.1.2 The Panel may refuse to grant the licence on the grounds of any reasonable cause.

Gary Nelson Director of Law and Governance (Monitoring Officer)

Background papers: Hackney Carriage and Private Hire Licensing Policy

Author ref:

Contact:

GN

Gary NelsonDirector of Law and Governance (Monitoring Officer)Direct Line No: (01609) 767012

Annex A

Gh rwo GSherwoods Minibuses

Unit 1, Musterfield Farm, North Stainley, Ripon,

North Yorkshire HG4 3JQ

16 SEATER EXECUTIVE MINIBUS HIRE t 01765 635262 (office hours) e [email protected]

w www.sherwoodsminibus.co.uk

Dear Licensing Team 29.01.2020

Please see the enclosed documents for PN14BGX which we wish to operate as a private hire vehicle to assist with our feeder transfers and hotel corporate bookings.

The vehicle has been operated by Town Travel in Boroughbridge and licensed with Harrogate Borough Council since May2016. David Dwight of Town Travel has used this vehicle whilst contracting for us on various corporate contracts over the last 5 years and has ordered a new Mercedes V-Class. We wish to continue contracting with Mr Dwight but would also like to operate some of these transfers in house alongside our fleet of executive PSV vehicles.

The vehicle is currently 5 years and 11 months old and we realise that Hambleton District Council have recently reviewed its policies and introduced an age limit of 5 years for registering for first use. We would be grateful if this vehicle can be considered to operate for a further two years until it is 8 years old due to it being a Mercedes with many passenger comforts such as full front and rear A/C and heating system, Conference seating option, privacy glass, DAB radio, USB charging points and stop start option to reduce its carbon footprint in stationary traffic. We would like to push this side of our business and have just bought a brand new executive Mercedes 16 seat minicoach from EVM and if this vehicle can assist our new one in its duties we would look to replace it with a new one in two years.

Kind Regards

Alan Sherwood Director

TIA P 'n' P Coaches Limited. Registered as a limited company in England and Wales. No. 4745897 Registered office: Unit 1, Musterfield Farm, North Stainley, Ripon. North Yorkshire HG4 3JQ

Annex B

Annex C

Annex D

Annex E

Annex F

3/12/2020 MERCEDES-BENZ VITO - Check MOT history

https://www.check-mot.service.gov.uk/?_ga=2.264435983.1891661207.1584027696-1287299345.1580910132 1/4

GOV.UK

Colour

Silver

Fuel type

Diesel

Date registered

12 March 2014

Date tested19 February 2020

PASS

Mileage218,380 miles

MOT test number5817 3491 8327

Test location Expiry date18 February 2021

Monitor and repair if necessary (advisories):Prop shaft flexible coupling slightly deteriorated(6.1.7 (d) (i))Nearside Front Brake disc worn, but not excessively(1.1.14 (a) (i))Offside Front Brake disc worn, but not excessively(1.1.14 (a) (i))

Date tested8 November 2019

PASS



Test location Expiry date7 November 2020

Monitor and repair if necessary (advisories):Prop shaft flexible coupling slightly deteriorated(6.1.7 (d) (i))Offside Rear light unit cracked but not showing whitelight to the rear

Check MOT history (https://www.gov.uk/check-mot-history)

PN14BGX

MERCEDES-BENZ VITO

MOT valid until

18 February 2021

MOT history

Check mileage recorded at test, MOT expiry date, defects and advisories, and view testcertificate

Annex G

https://www.gov.uk/

https://www.gov.uk/check-mot-history



under trays and engine covers fitted obscuring somecomponents

Date tested13 May 2019

PASS



Test location Expiry date12 May 2020

Monitor and repair if necessary (advisories):Offside Rear light unit cracked but no white lightshowingunder trays and engine covers fitted obscuring somecomponents


FAIL



Test location

Repair immediately (major defects):Nearside Side repeater not working (4.4.1 (a) (ii))Reversing lamp inoperative (4.6.1 (a))Nearside Rear Anti-roll bar linkage pin or bushexcessively worn (5.3.4 (a) (i))Offside Rear Anti-roll bar linkage pin or bushexcessively worn (5.3.4 (a) (i))

Monitor and repair if necessary (advisories):Offside Rear light unit cracked but no white lightshowingunder trays and engine covers fitted obscuring somecomponents


PASS




The MOT test changed on 20 May 2018

Defects are now categorised according to their severity –dangerous, major, and minor.

Annex G



Advisory notice item(s)Nearside Rear Anti-roll bar linkage has slight play in apin/bush (2.4.G.2)Offside Rear Anti-roll bar linkage has slight play in apin/bush (2.4.G.2)Nearside Rear Tyre worn close to the legal limit(4.1.E.1)Offside Rear Tyre worn close to the legal limit (4.1.E.1)under trays and engine covers fitted obscuring somecomponents


FAIL



Test location

Reason(s) for failureOffside Rear Coil spring not correctly located(2.4.C.2) Dangerous

Advisory notice item(s)Nearside Rear Anti-roll bar linkage has slight play in apin/bush (2.4.G.2)Offside Rear Anti-roll bar linkage has slight play in apin/bush (2.4.G.2)Nearside Rear Tyre worn close to the legal limit(4.1.E.1)Offside Rear Tyre worn close to the legal limit (4.1.E.1)under trays and engine covers fitted obscuring somecomponents


PASS




Advisory notice item(s)under trays and engine covers fitted obscuring somecomponents


PASS

Mileage44,591 miles



Advisory notice item(s)

Annex G



Windscreen has damage to an area less than a 10mmcircle within zone 'A' (8.3.1a)under trays and engine covers fitted obscuring somecomponents

Outstanding vehicle recalls

Check if MERCEDES-BENZ VITO PN14BGX has outstanding recalls

Annex G

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