Mansfield do licence vehicles that are to old,found this on web site?
Report of Licensing Officer
To
LICENSING PANEL
On
30 March, 2010
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS)ACT 1976
TOWN POLICE CLAUSES ACT 1847
DETERMINATION OF AN APPLICATION
FOR A PRIVATE HIRE VEHICLE LICENCE
1. SUMMARY
This report invites members to consider an application from Mr Stephen William Gee of 128 Chatsworth Drive Mansfield Nottinghamshire NG18 4QX for a Private Hire Vehicle, Registration No. S111 GEE.
2. RECOMMENDATIONS
That the application be determined as presented.
3. BACKGROUND
3.1 When a new application is made to licence a Private Hire Vehicle, Officers must satisfy themselves that the vehicle meets the current specification for such a vehicle (a copy of the specification is attached at Appendix 1) The purpose of this specification is to ensure that the vehicle is both safe and comfortable for members of the public to travel in. All Councils throughout the country have such specifications and all are adopted to the local circumstances of their district.
3.2 The vehicle referred to in the application, a Mercedes Elegance is the top of the range model which is used for chauffeur driven executive hire purposes, and is not usually available for hire to the general public.
3.3 Mr Gee had previously licensed this vehicle with Mansfield District Council for a period of one year from March 2009. The expiry of that licence was the 28 February 2010.
3.4 The Council has no upper age limit for a Private Hire Vehicle, therefore a vehicle may remain licensed providing it continues to pass the required mechanical test before the expiry date of the current licence.
3.5 The vehicle was not presented for testing prior to the expiry of the current licence. The consequence of this is that the application dated the 3rd March 2010 becomes an original application and Mansfield District Council’s specifications for Private Hire Vehicles requires the vehicle to be no more than four years old at the date of the original application. This vehicle was first registered on 24 December 2004 making it over five years old, therefore it does not meet our current specifications.
3.6 The vehicle has now been presented for testing at the Hermitage Lane Depot, which is part of the application process. Apart from not meeting the age requirement the vehicle is mechanically sound and the bodywork is in excellent condition. The mechanic reported that the vehicle was well presented and well maintained.
4. OPTIONS AVAILABLE
4.1 Grant the application.
4.2 Reject the application.
5. ALIGNMENT TO COUNCIL PRIORITIES
The Licensing of Hackney Carriage/Private Hire Vehicles provides the Council with the mechanism to secure public safety.
6. IMPLICATIONS RELATING TO RELEVANT LEGISLATION
6.1 Human Rights Act 1998 and Article 1, Protocol 1 regarding Protection of Property – every person is entitled to the peaceful enjoyment of his possessions. In this situation a Licence is a possession. Deprivation may only be ordered in the public interest and provided that response is proportionate.
6.2 Under the provisions of Section 48 (7) of the Local Government (Miscellaneous Provisions) act 1976, Any person aggrieved by the refusal of a District Council to grant a vehicle licence under this section, or any conditions specified in such a licence, may appeal to a magistrates’ court, such appeal to be lodged within twenty one days of serving of the notification of that decision upon him.
6.3 Crime and Disorder Act 1998, section 17 – imposes a duty on the Council to exercise its function, having regard to the likely effect and the need to do all it reasonably can do to prevent crime and disorder in its area.
7. RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS
The safety of the travelling public in Hackney Carriages and Private Hire Vehicles licensed by the Council is a prime concern of the Council. Refusal to grant the licence could result in an appeal and/or judicial review.
8. CONSULTATION
Legal and Member Services
8. BACKGROUND PAPERS
Application form
Report Author
-
Sharon Smith
Designation
-
Licensing Technical Support Officer
Telephone
-
01623 463163
E-mail
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ssmith@mansfield.gov.uk LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS)ACT 1976
TOWN POLICE CLAUSES ACT 1847
The Panel was convened to consider an application for the granting of a Private Hire Vehicle Licence from Mr Stephen Gee of Mansfield.
Mrs D.Mossop, Licensing Officer, attended to present the Authority's case, and the applicant, Mr Gee , attended to present his case.
The opportunity was given for the Panel to ask questions of both the Licensing Officer and the driver concerned.
After a final submission, all parties left the room to enable the Panel to adjourn to determine the application.
On their return, the Chairman announced that the Panel had agreed that on consideration of all the evidence, taking into account the Licensing Officer's report, the Local Government (Miscellaneous Provisions) Act 1976, the Human Rights Act 1998 and case law, the application for the granting of a Private Hire Vehicle Licence from Mr S.Gee be approved.
RESOLVED - That on consideration of all the evidence, taking into account the Licensing Officer's report, the Local Government (Miscellaneous Provisions) Act, 1976, the Human Rights Act, 1998 and case law, the application for a Private Hire Vehicle Licence from Mr Stephen Gee be granted.