Agenda, decisions and minutes

To receive any Declarations and advise Members accordingly.

None

None

RESOLVED

The following item is considered to be exempt by virtue of Paragraph(s) 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).

            The report contains details that would reveal the identity of an individual and the public interest in withholding the information outweighs the interest in disclosing it.

RESOLVED

The following item is considered to be exempt by virtue of Paragraph(s) 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).

The report contains details that would reveal the identity of an individual and the public interest in withholding the information outweighs the interest in disclosing it.

Members considered all of the recommendations and determined that the Vehicle should remain licenced for 4 people in accordance with recommendation 2. 

The Licensing Team Manager presented the report to consider a request for a departure from Flintshire County Council’s Private Hire Vehicle Specification to allow a vehicle which did not currently meet the criteria to become licensed for six passengers rather than four.

The Panel Members asked a number of questions which related to the number of passengers the vehicle could accommodate safely and comfortably, whether airport runs were being considered, the luggage space, placement of the fire extinguisher and access to and egress from the car.  The Applicant provided detailed responses to these questions and asserted that the specifications lacked clarity and were not applied consistently. 

            The Solicitor explained the legal test for licencing of taxi vehicles and the Licensing Team Leader confirmed that the purpose of the specifications was to ensure that vehicles were safe, suitable and comfortable.   The Licensing Team Leader confirmed that roof boxes were permitted but did not count towards the luggage space that was taken into account when determining whether it was adequate and confirmed that this was the same for minibus type vehicles.   The Licencing Team Leader explained the factors she had taken into account when coming to the view that the vehicle in question did not provide adequate luggage space for 6 people, this included not only the space itself, but also the shape of the area and how the space could be utilised and had provided comparators.

The meeting was adjourned to enable the Panel to inspect at the vehicle to better understand what was being discussed and they each took turns sitting in the rearmost seating  and viewed the luggage space available with the rearmost seating in place, as opposed to folded.  Observations were made about the lack of headroom, leg space and ability to open the door with the Panel feeling that the rearmost seating would not be comfortable on long journeys.  

The location of the fire extinguisher and first aid kit was highlighted and the Licensing Team Manager was satisfied that the location of the Fire Extinguisher was satisfactory.  All parties agreed that the boot door would not be considered an accessible door for the rearmost seats.  

The Panel reconvened inside to continue the meeting.

When the Chair was satisfied that all relevant questions had been raised, she asked that the Applicant and the Licensing Team Leader leave the meeting to enable the panel to reach a decision.

4.1       Determination of the Application

The Licensing Team Leader and Applicant were invited to return so that the meeting could be reconvened.

            Members of the Sub-Committee considered all the relevant information including the Council’s Private Hire Vehicle Specification, the officer’s report, appended documents, and representations made by the Applicant and had the opportunity to view and sit in the Vehicle. 

            Members had regard to the requirement at paragraph 7 of the Standards which required adequate luggage space.  They had regard to the view of the Licencing Officer and their own observations of the vehicle and concluded that there was not adequate  ...  view the full minutes text for item 3.