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PostPosted: Sun Sep 19, 2021 6:44 am 
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Note it's a 90-year-old vehicle, not a 90-year-old driver :lol:

We're used to 'taxi' headlines, but this one goes to the other extreme, and uses the full name of the council and the committee, which I doubt many news sites aimed at the general public would use.

And there's something obvious missing from the report too in my opinion, so spot the mistake...


South Lakeland District Council Licensing Regulatory Sub-Committee requested to reconsider private vehicle licence

https://www.thewestmorlandgazette.co.uk ... e-licence/

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All images: Vintage Lakeland Tours

A COMMITTEE will meet on Monday to decide whether to grant a previously rejected application for a private hire vehicle licence.

South Lakeland District Council Licensing Regulatory Sub-Committee have been requested to reconsider an application from Michael Heaps, of Vintage Lakeland Tours, to licence a 1928 Austin 12/4 Windsor saloon car as a private hire vehicle.

According to council documents the application was previously considered at the Licensing Regulatory Sub-Committee on 21 June 2021.

And the application was refused on the grounds that the Sub Committee were not satisfied that the issuing of the licence would be safe, firstly due to the absence of seat belts in the vehicle for passengers, which was considered to be a ‘safety risk’ to passengers and further the applicant ‘had not adequately considered child passengers and arrangements for their safety’, secondly the absence of a brake test report, thirdly the absence of hazard warning lights and the Sub-Committee noted the absence of an up to date V5.

Mr Heaps subsequently appealed the decision at Barrow Magistrates Court citing two procedural points and a third point in his belief that his vehicle pre-dated legislation which controlled the fitting and wearing of seat belts and hazard lights and was exempt from the requirements of subsequent legislation.

Mr Heaps’ website advises that the vehicle’s top top speed would be around 35 mph and under the terms and conditions on the website, Mr Heaps advises that: “Due to its age the vehicle is not fitted with seat belts, passengers under the age of 16 must travel in the rear with a responsible adult.”

In addition Mr Heaps is proposing that the Sub-Committee add additional conditions to his vehicle licence if members were minded to grant the licence, including that the vehicle must not be used for standard private hire journeys, children under the age of three may not be carried in the vehicle and children over the age of three must be carried in the rear of the vehicle.

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PostPosted: Sun Sep 19, 2021 6:46 am 
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So if he appealed to the magistrates' court then what happened there and why is the committee reconsidering the application?

Well according to the council papers the appeal was listed for October, but the applicant has been in discussions with licensing officers regarding modifications and further conditions, and as a result he withdrew his appeal on 7 August (oddly, the council papers say Barrow Magistrates' listed the hearing for October after a 'directions hearing' on 9 August, which is supposedly two days after the applicant withdrew the appeal, so I don't quite understand that :-s ).

Anyway, there's predictably quite a lot of detail in the council papers, but the main several pages can be viewed here (note that the report is headed that the application would be contrary to the council's vehicle age rule, and that he's also applied for exemption from displaying PHV plates and signage, matters which aren't mentioned in the press report above):

https://democracy.southlakeland.gov.uk/ ... icence.pdf

But the business's website certainly gives the impression that he's currently trading:

https://vintagelakelandtours.com/


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PostPosted: Sun Sep 19, 2021 8:15 am 
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Hazard warning lights? What are they?

Do they mean those flashing lights that private hire drivers use, to make illegally parked vehicles somehow legal? On double yellows, etc?

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PostPosted: Sun Sep 19, 2021 9:36 am 
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Some councils, like Litchfield may have licensed this vehicle under "special events". My own Council would probably consider it because they have licensed a trike as a private hire vehicle for escorted tours. Of course most of these type of vehicles are used mainly for weddings which are outside of the licensing brief.

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PostPosted: Sun Sep 19, 2021 3:19 pm 
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Grandad wrote:
Of course most of these type of vehicles are used mainly for weddings which are outside of the licensing brief.

Yes, it all kind of reminded me of the Tank Taxi, and indeed according to Tank Taxi's website they're still only doing weddings and funerals because of licensing requirements, so presumably the tank hasn't managed to get a PHV licence, or at least hasn't gotten one yet.

(And presumably not much demand for tanks as funeral cars, unless perhaps it's a local crime lord killed in a gangland shooting, or whatever 8-[ )

But nothing to suggest that this vintage car service is confining itself to weddings and funerals in the meantime, at least if its website is anything to go by.


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PostPosted: Sun Sep 19, 2021 8:41 pm 
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So if he appealed to the magistrates' court then what happened there and why is the committee reconsidering the application?

The court most probably remitted it back to the council to license it as the reasons given for refusal were not lawful.

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PostPosted: Sun Sep 19, 2021 8:43 pm 
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Just license the motor for special occasions.

Clearly it's not going to be out and about picking up the pi** heads, but allow people to hire it for special occasions.

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PostPosted: Mon Sep 20, 2021 9:07 am 
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Sussex wrote:
The court most probably remitted it back to the council to license it as the reasons given for refusal were not lawful.

But as I said in my post, the council papers said the appeal was withdrawn?

By the looks of it the applicant and LOs decided they could thrash out some sort of agreement between them rather than let the court decide, but which still has to be rubber-stamped by councillors.


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PostPosted: Mon Sep 20, 2021 8:59 pm 
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StuartW wrote:
Sussex wrote:
The court most probably remitted it back to the council to license it as the reasons given for refusal were not lawful.

But as I said in my post, the council papers said the appeal was withdrawn?

By the looks of it the applicant and LOs decided they could thrash out some sort of agreement between them rather than let the court decide, but which still has to be rubber-stamped by councillors.

Let's hope they do come to some kind of agreement, but it's such a shame to took the threat of legal action for the council to see sense.

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