1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

2.      INTRODUCTION AND BACKGROUND

2.      

2.1     The vehicle GX09 HKG was licensed as a Hackney Carriage vehicle from 20^th January 2012 to 22^nd June 2022 as plate H25.

2.2     The vehicle became 10 years old in 2019 and so subject to 6 monthly tests as stipulated at Page 19 of the Hackney Carriage and Private Hire Licensing Policy (Taxi Policy).

2.3     In December 2021 an application to renew the vehicle licence was received and licence 21/03448/TXVHC was granted (Appendix1) to expire 19^th January 2023. The 6 month test for the vehicle took place on 22^nd June 2022 and the vehicle failed the 6 month test on major issues, the compliance sheet (Appendix 2) and phone conversation with the garage on the same day indicated that the vehicle was mechanically unfit and not safe to carry passengers, the garage indicated that they had advised the driver that they should consider replacing the vehicle. The information provided to the Licensing Department on the seriousness of the vehicle defects led to the decision to revoke the licence.

2.4     On 22^nd June 2022 a revocation notice was issued and e-mailed to Mr Omar (Appendix 3). This notice contained the reasons for the revocation and the information on how the decision can be appealed. Mr Omar has claimed that he had never received that e-mail and it was sent to him again for information only on 4^th August 2022 (Appendix 4), by which time the period for appealing the decision had passed.

2.5     Because Mr Omar claimed he was unaware of the notice that had been issued and that the vehicle licence had been revoked he lost the opportunity to appeal to the Magistrates  Court and had in fact gone ahead and had repairs made to the vehicle at significant cost to himself.

2.6     The Licensing Department received a further compliance sheet from the administration team at Sevenoaks on 3^rd August 2022 (Appendix 5) which showed that GX09 HKG - H25 had now passed the compliance test, the garage was contacted and they confirmed that the vehicle had been presented to them and they had been surprised that the costly repairs had been made to a vehicle that old and had not anticipated that the repairs would have been made. They confirmed that the standard of repair was excellent and they had been able to pass the vehicle, unfortunately it was at this stage that Licensing became aware that Mr Omar did not know that the vehicle was no longer licensed as he advised he had not received the revocation notice.

2.7     Mr Omar has submitted an application to licence GX09 HKG as a new hackney carriage vehicle which was received on 15^th August 2022 (Appendix 6) but the vehicle no longer complies with the Taxi Policy in particular in respect of the matter below.

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“The vehicle should not have more than 30,000 miles on the clock or be older than 3 years at first licensing”.

As granting a licence for this vehicle would now be contrary to the Taxi policy, the officer delegation would be to refuse the application and in accordance with the Council’s Policy, Mr Omar has requested that the matter is considered by Licensing Sub Committee (Appendix 7). As the vehicle has now passed the required inspection (Appendix 5) the request is that he be allowed to licence the vehicle again and continue to renew that licence annually until the vehicle is 15 years old subject to it continuing to meet policy criteria.

3.   AVAILABLE OPTIONS

3.1     The vehicle does not meet policy criteria on age and mileage however Mr Omar is requesting that Committee consider whether to grant a hackney carriage vehicle licence on this occasion as he feels that the vehicle has been repaired to a high standard and can be used once more as a licensed Hackney vehicle.

3.2     If this deviation from policy is allowed then it would be necessary to make it clear that it was outside of the Council policy and based on exceptional circumstances.

3.3     If Committee feel there are insufficient reasons to deviate from the policy, then the application should be refused.

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1     That Committee allow the vehicle to be licensed as H25 once again, if there had not been a break in the licensing of the vehicle then this vehicle could have continued to be licensed until January 2024, assuming the vehicle was successfully renewed in January 2023. Mr Omar has indicated that ongoing financial hardship has made it impossible to consider a new vehicle and as he has made all the necessary repairs to  GX09 HKG at significant cost that a new licence be allowed for that vehicle.

5.       RISK

5.1    Assess if within the council’s risk appetite and any mitigating actions proposed if needed.

5.2 The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. We are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the Policy.

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6.1     N/A

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

7.1     N/A

8.        REPORT APPENDICES

[The following documents are to be published with this report and form part of the report:

·         Appendix 1: Revoked licence

·         Appendix 2: Garage inspection sheet 22.06.22 (failed) – To follow

·         Appendix 3: E-mail 22.06.22 – notice of revocation to Mr Omar

·         Appendix 4: E-mail 04.08.22 -  notice of revocation resent to Mr Omar

·         Appendix 5: Garage inspection sheet 03.08.22 (passed) – To follow

·         Appendix 6: New hackney carriage vehicle application (Parts 6b, c, & d – To follow)

·           Appendix 7: Mr Omar request for Licensing Sub Committee to consider     application.

9.        BACKGROUND PAPERS

Hackney Carriage & Private Hire Licensing Policy

Local Government (Miscellaneous Provisions) Act 1976.