ex military - South Lakeland District Council

PART I
South Lakeland District Council
Licensing Regulatory Committee
Meeting Date:
19 April 2013
Report Author:
Mr David Spedding, (Licensing Officer)
Portfolio:
Environment and Sustainability
Report from:
Simon Rowley, Assistant Director (Neighbourhood Services)
Wards affected:
All
Key Decision:
Not applicable
Key
Notice:
Decision Not applicable
To seek approval to the Licensing of Historic (ex
military) Hotchkiss Jeeps as private hire vehicles
1.0
PURPOSE OF REPORT
1.1
The purpose of this report is to seek Members’ approval to authorise the use of
Hotchkiss M201 ex military jeeps for use on private hire tours and to amend the
Councils current terms and conditions relating to the use of private hire vehicles.
2.0
RECOMMENDATIONS
2.1
Members are requested to approve in respect of the type of vehicle as referred to
at paragraph 3.6 of this report:
(1) additional terms and conditions which are necessary to ensure that they
are safe, mechanically sound and fit for use as private hire tour vehicles;
(2) delegated authority to the Director of People and Places to approve
applications for such vehicles as special event vehicles.
3.0
BACKGROUND
3.1
The Council has adopted terms and conditions regarding the type and specification of
vehicles, which may be licensed as private hire vehicles. The terms and conditions are
necessary to ensure that all vehicles used for private hire purposes are mechanically
sound, safe and comfortable and therefore fit for purpose.
3.2
Private hire vehicle means a vehicle constructed or adapted to seat fewer than eight
passengers other than a hackney carriage or public service vehicle which is provided for
hire with the services of a driver for the purpose of carrying passengers.
3.3
Mr Neil Currie has made an application to licence a specialist vehicle to be used as a
private hire vehicle. It is the applicant’s intention to operate seasonal classic army jeep
tours in the Lake District with an operating centre based within South Lakeland.
3.4
The proposed tours will be approximately 1 hour in duration departing from the
applicant’s base. All tours will take place on the public highways but mainly on single
track roads, they will not venture off road. Tours will be varied in order to ensure that
local communities and farm animals are not unduly disturbed. The tours would operate
between the 1st April and the 30th September each year. Briefings will take place with
passengers to ensure safe operations and appropriate passenger conduct and a back
up vehicle will be available if breakdowns occur that cannot be rectified.
3.5
The applicant indicates that this new venture is unique adding a nostalgic, historic
and exciting form of activity for the tourist industry. He believes that his business is an
opportunity for economic growth with a potential for increased employment in the area.
3.6
The vehicles are described as 1959 Hotchkiss M201 Jeep, Ex Military with 2.2 petrol
unleaded engine. The vehicles are registered in the UK for road use and have a current
MOT and will be taxed. They also comply with the Road Vehicles Construction and Use
Regulations 1986 and as such the vehicles are legal for road use. Photographs of the
type of vehicle to be licensed are attached to this report at Appendix 1.
3.7
Should Members approve this proposal Mr Currie would complete the purchase of
Hotchkiss jeeps and subsequently make application for the appropriate private hire
driver licence / operator’s licences which are necessary for him to operate his private
hire business.
4.0
RESEARCH AND CONSULTATION
4.1
The Licensing Authority has not previously issued private hire vehicle licences to an
applicant who wishes to use such a licence for private hire bespoke tours. It should be
noted that the grant of such a licence is the only means available to the applicant in
order for him to operate this new business venture on the public highway legally.
4.2
Specialist vehicles such as ex – military vehicles, ex fire engines or other vehicles of
unusual design or construction are being referred to the Licensing Regulatory
Committee for determination. Each case will normally be determined on its own merits
as it is not possible to draw up policy to cover a range of specialist vehicles due to the
diverse nature, use and unusual design or construction of such vehicles.
4.3
Research on the Local Government Regulation website and via the internet would
suggest that the applicant's business venture is unique to the United Kingdom and
would therefore provide visitors to South Cumbria with a new experience.
4.4
The Council’s Licensing Officer has made enquiries with the Vehicle Operating Services
Agency (VOSA) who have confirmed that a vehicle of this type simply needs to be
registered in the UK and be compliant with a standard MOT test. Because of the
vehicles’ age VOSA’s Individual vehicle approval scheme would not be a suitable
means to establish if the vehicle was compliant with the technical standards, design and
construction required to meet modern safety and environmental standards laid out in
European legislation. However it is proposed to subject the vehicles to an annual
inspection by a qualified mechanical engineer. This inspection is more rigorous than a
Ministry of Transport MOT test and is undertaken to ensure that the vehicle is in an
exceptionally good condition. See proposed conditions at 4.6 (f)
4.5
The vehicles subject to the proposed policy change are of such a specification that they
can not meet the standard conditions of application for private hire vehicles. In particular
the proposed vehicles can not comply with the following standard conditions of
application:-
a) No vehicle will be licensed if the passenger has to climb over seats or
luggage to gain egress, or where such entrance or exit is sited over a
fuel tank, high sill, or has been fitted with handles which are not clearly visible
and of a type consistent with those fitted to all other doors on the vehicle.
b) The vehicle must have a luggage compartment adequate to contain luggage
for each of the passengers which it is authorised to carry.
c) Door catches must be secure at all times and capable of easy operation by
passengers.
d) A South Lakeland District Council uniform private hire sign shall be displayed
on both the driver’s door and front passenger door of the vehicle.
e) Private Hire vehicles are to be less than 5 years old when first registered and
will not be relicensed after reaching 10 years old; The Councils policy also
requires vehicles over 8 years old to be subjected to 4 month MOT testing.
4.6
As a result of the implications raised in section 4.5 of this report the Council Licensing
Officer has had to draw up new draft terms and conditions which are specific to the
vehicles subject of this application. The revised terms and conditions will allow the
applicants vehicles to operate as private hire tour vehicles without compromising public
safety. The main considerations are outlined below and the draft revised terms and
conditions are attached to this report at Appendix 2 for Members consideration and
approval.
a) The Hotchkiss M201 Jeep (Ex Military vehicle) will only be used for
private hire purposes connected with pre booked tours.
b) The Hotchkiss M201 Jeep, (Ex Military vehicle) will be restricted to
carrying three fare paying passengers when used for private hire purposes.
c) The vehicle will be equipped with suitable seat belts which comply with the
Road Vehicles Construction and Use Regulations 1986.
d) Where the vehicle operator intends to provide private hire tours covering the
months April to September a six month private hire vehicle licence will be
granted. However if this period is extended the vehicles will be subjected to 4
monthly MOT inspections.
e) The front passenger seat of the vehicle will not be occupied by a person
under the age of 16 years of age.
f) On application the vehicle will undergo an MOT inspection together with an
inspection by a qualified mechanical engineer who will provide a full
engineers report which is more rigorous than a Ministry of Transport MOT
test. Both tests will be at the applicant’s expense.
g) The following requirements will apply in respect of the display of identification
signage on the vehicle.
i) There will be no requirement to display the South Lakeland District
Council private hire door sign on either the nearside or offside of the
vehicle.
ii) There will be no requirement to display a South Lakeland District Council
interior private hire identity disc on the nearside of the front windscreen of
the vehicle.
5.0
PROPOSAL
5.1
Members are requested to approve the recommendation and adopt the proposed new
terms and conditions which are deemed necessary to ensure that the vehicles are safe
and comfortable for use as private hire vehicles.
6.0
ALTERNATIVE OPTIONS
6.1
The only alternative option is to decline to approve the recommendation.
7.0
NEXT STEPS
7.1
Not applicable
8.0
IMPLICATIONS
8.1
Financial and Resources
8.1.1 There are no financial or resource implications
8.2
Human Resources
8.2.1 There are no human resource implications
8.3
Legal
8.3.1 Section 48 Local Government (Miscellaneous Provisions) Act 1976 states that:
(1) subject to the provisions of this Part of this Act, a district council may on the receipt
of an application from the proprietor of any vehicle for the grant in respect of such a
vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect
thereof a vehicle licence:
Provided that a district council shall not grant such a licence unless they are satisfied
(a) that the vehicle is (i) suitable in type, size and design for use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe
that the vehicle is a hackney carriage;
(iii) in a suitable mechanical condition;
(iv) safe; and
(v) comfortable;
(b) that there is in force in relation to the use of the vehicle a policy of insurance or
such security as complies with the requirements of Part VI of the Road
Traffic Act 1988, and shall not refuse such a licence for the purpose of limiting
the number of vehicles in respect of which such licences are granted by the
council.
(2) A district council may attach to the grant of a licence under this section such
conditions as they may consider reasonably necessary including, without
prejudice to the generality of the foregoing provisions of this subsection,
conditions requiring or prohibiting the display of signs on or from the vehicle to
which the licence relates.
8.3.2 Section 48(7) of the Local Government (Provisions Act ) 1976 states that any person
aggrieved by the refusal of the district council to grant a vehicle licence under this
section, or by any conditions attached to such a licence may appeal to a Magistrates
Court.
8.4
Social, Economic and Environmental Impact
8.4.1 The overall impact assessment is positive as the business venture proposed by the
applicant does encourage local entrepreneurship and is likely to support other
businesses within the district allowing people to access and enjoy the Lake District.
9.0
RISK ASSESSMENT
Risk
Consequence
Controls required
1) Should there be no clear
policy on this issue any
decisions on subsequent
applications may not be
robust and may lead to
challenge
1) Costs awarded against
Council should appeal be
upheld
1) Committee to be made
aware of the applicant’s
right of appeal.
10.0
EQUALITY AND DIVERSITY
10.1
There are many vehicles licensed for private hire tours in the District and as such no
communities or section of the community are disadvantaged.
11.0
LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS
11.1
There are links to the corporate plan as the applicant intends to create business growth
and employment within the District.
12.0
CONCLUSION AND EXPECTED OUTCOMES
12.1
It is expected that the Licensing Regulatory Committee will approve, decline or add
additional conditions to the draft terms and conditions as outlined in this report.
APPENDICES ATTACHED TO THIS REPORT
Appendix No.
1
Photographs of the type of vehicle requested to be licensed
2
New terms and conditions for private hire tours
CONTACT OFFICERS
David Spedding, Licensing Officer, 01539717467
[email protected]
BACKGROUND DOCUMENTS AVAILABLE
None
TRACKING
Assistant
Director
Portfolio
Holder
Solicitor to the SMT
Council
Scrutiny
Committee
TH – 12.3.2013
N/A
MN – 12.3.2013
N/A
N/A
Executive
(Cabinet)
Committee
Council
Section 151
Officer
Monitoring
Officer
N/A
N/A
N/A
N/A
Human
Resource
Services
Manager
N/A
To approval the Licensing of Historic (ex military)
Hotchkiss Jeeps as private hire vehicles
APPENDIX 1
PURPOSE OF APPENDIX
1
The purpose of this Appendix is to provide members with photographs of the
type of vehicle which the applicant requests to be licence for private hire use.
To approval the Licensing of Historic (ex military)
Hotchkiss Jeeps as private hire vehicles
APPENDIX 2
PURPOSE OF APPENDIX
1 The purpose of this Appendix is to provide members with revised terms and
conditions which are deemed to be relevant and necessary in order licence
private hire tour vehicles other than in accordance with the Councils currently
adopted policies.
SOUTH LAKELAND DISTRICT COUNCIL
Neighborhood Services Directorate
Public Health and Licensing, South Lakeland House, Lowther Street, Kendal, Cumbria,
LA9 4UD
Tel No: 0845 050 4434 Ext. 7481/7438 Fax No: (01539) 740300
E-mail: [email protected]
www.southlakeland.gov.uk
TERMS AND CONDITIONS ATTACHED TO PRIVATE HIRE VEHICLE LICENCES ISSUED
BY SOUTH LAKELAND DISTRICT COUNCIL IN RESPECT OF HISTORIC (Ex MILITARY)
HOTCHKISS JEEPS USED FOR PRIVATE HIRE TOURS
(To be observed by Private Hire Vehicle Proprietors)
The following terms and conditions must be observed/performed by every owner/operator
(being that person to whom the Council issues this licence) of a private hire vehicle and shall
be attached to and form part of every private hire vehicle licence:1
The Council's licence plate must always be displayed on the outside of the rear of the
vehicle, either immediately above or immediately below the bumper. Such licence
plate, acquired from the Council’s Licensing Office to include a serial number, the
vehicle’s registration number and seating capacity, along with the licence expiry date.
The particulars on the plate must face outwards so that the plate is clearly visible by
daylight from the road behind the vehicle.
2
The licence plate is the property of the Council, to whom it must be returned within
seven days if the licence is ever suspended, revoked or not renewed for any reason.
3
The private hire vehicle may be inspected by an authorised officer of the Council or
police constable at all reasonable times. If the person inspecting the vehicle is not
satisfied as to its fitness, he may give written notice to the owner/operator to make the
vehicle available for further inspection and testing at such reasonable time and place as
may be specified and the vehicle licence may be suspended until such time as the
officer or constable is so satisfied.
If the officer or constable is not so satisfied within two months from the initial inspection
the licence shall be revoked.
4
The licence plate shall be returned to the Council within seven days of the suspension
of revocation of this licence but will be returned upon reinstatement of the licence.
5
Notwithstanding the provisions of condition 3 above, the owner/operator shall present
the vehicle for inspection when requested to do so by an authorised officer of the
Council. The number of inspections shall not exceed three in any one period of twelve
months and the current fee for inspections shall be paid on submission of the vehicle.
6
During the currency of the licence, the owner/operator shall keep in force in relation to
the use of the vehicle as a private hire vehicle a policy of insurance or security
complying with the provisions of Part VI of the Road Traffic Act 1972, which covers third
party liability both in respect of physical injury or death and in respect of damage to
personal belongings. The certificate of insurance shall be produced to an authorised
officer of the Council for inspection whenever required.
7
If the owner/operator fails to produce evidence of adequate insurance cover on request,
he shall produce it within five days to any authorised officer of the Council's Licensing
Office. Failure to comply with this condition and condition 6 shall result in the automatic
suspension of the licence.
8
The Hotchkiss M201 Jeep (Ex Military vehicle) or similar will only be used for private
hire purposes connected with pre booked tours.
9
The Hotchkiss M201 Jeep, (Ex Military vehicle) or similar will be restricted to carrying
three fare paying passengers when used for private hire purposes.
10
The vehicle will be equipped with suitable seat belts which comply with the Road
Vehicles Construction and Use Regulations 1986.
11
Where the vehicle operator intends to provide private hire tours covering the months April
to September a six month private hire vehicle licence will be granted. However if this
period is extended the vehicles will be subjected to 4 monthly MOT inspections
12
The front passenger seat of the vehicle will not be occupied by a person under the age of
16 years of age.
13
On application the vehicle will undergo an MOT inspection together with an inspection by
a qualified mechanical engineer who will provide a full engineers report which is more
rigorous than a Ministry of Transport MOT test. Both tests will be at the applicant’s
expense.
14
A 1kg (2.2lb) fire extinguisher of the dry powder type shall be fitted to the vehicle so as
to be readily available for use at all times and be marked with the vehicle’s plate
number. The fire extinguisher shall be maintained in good working order at all times.
15
The vehicle shall be maintained in good mechanical and roadworthy condition at all
times.
16
The following requirements apply in respect of the display of identification signage on
the vehicle.
(a) There will be no requirement to display the South Lakeland District Council
private hire door sign on either the nearside or offside of the vehicle.
(b) Their will be no requirement to display a South Lakeland District Council interior
private hire identity disc on the nearside of the front windscreen of the vehicle.
17
In addition to displaying the Councils plate on the rear of the vehicle the proprietor may,
if so desired, display advertising signs subject to the following conditions:(a) One sign advertising the proprietor’s/operator’s business name and telephone
number etc. may be displayed on both rear sides of the vehicle. The sign shall
not exceed 24” x 12” or metric equivalent.
(b) In addition to information regarding the proprietor’s/operator’s own business,
signs displayed on the rear sides of private hire vehicles may also include
advertising relating to another organisation or business.
However, the
predominant feature of the sign must be advertising of the proprietor’s own
private hire business and any further advertising relating to any other business
must be incidental to that.
(c) Signs displayed on the rear doors/sides of private hire vehicles may include
details of fare scales charged by the proprietor/operator.
(d) In addition to the above arrangements, private hire vehicles may also display
one sign advertising the proprietor’s/operator’s business name and telephone
number etc on the rear tailgate of the vehicle. Such signs shall not exceed 18” x
12” or 36” x 6” or metric equivalent.
(e) As an alternative to the above, the proprietor may, if so desired display
advertising wholly relating to a non-taxi business subject to the following
conditions:The advertisement shall not contain the following:i)
political, ethnic, religious, sexual or controversial texts;
i)
escort agencies, gaming establishments or massage parlours;
ii)
nude or semi-nude figures;
iii)
tobacco or alcohol;
iv)
material likely to offend public taste (including material depicting bodily
functions and genitalia and the use of obscene or distasteful language);
v)
material which seeks to advertise more than one company/service or
product;
vi)
any advertisement to be placed at a reasonable distance, so not to
obscure or distract from the South Lakeland District hackney carriage
sign.
18
If the owner/operator wishes to transfer the licence to another person or persons he
must first obtain the written consent of the Councils Director, of People and Places
which will not be unreasonably withheld. The name and address of the person(s) to
whom the licence is to be transferred must be specified. The fee for transfer is £51.00.
19
The licence may be suspended, revoked or not renewed for any cause which the
Council considers to be reasonable. Such reasonable cause would include the vehicle
being considered unfit for use as a private hire vehicle or for any offence under or noncompliance with the provisions of the Local Government (Miscellaneous Provisions) Act
1976.
20
No vehicle may be substituted for the vehicle in respect of which this licence is issued
until it has been inspected, tested and approved by the Council.
21
If during the currency of this licence any of the particulars supplied in the
owner/operator's application change (including any change to the design of the vehicle),
details of the change shall immediately be notified in writing to the Council's Director of
People and Places, who may require the vehicle to be submitted for a further test.
22
Any change of the address where the private hire vehicle is kept when not in use shall
be notified to the Council in writing within seven days of the address being changed. If
at any time the Council decide they wish the vehicle to be tested at the address where it
is kept the proprietor shall provide the Council with such facilities as are reasonably
necessary to do so.
23
Any accident to the vehicle causing damage which may materially affect its safety,
performance or appearance or the comfort or convenience of its passengers, must be
reported to the Councils Director of People and Places within 72 hours of its occurrence
at the latest.
24
The Council may alter any of these conditions as it sees fit and will notify the
owner/operator of any changes to the conditions. The changes will come into effect as
soon as the owner/operator has been notified of them.
25
Any notice required to be served by the Council under this licence or under any of the
provisions of the Local Government (Miscellaneous Provisions) Act 1976 shall be
deemed to have been properly served if sent by prepaid post to or left at the last known
address of the holder of the licence.
26
TRAILERS (with effect from 1 August 1997)
27
28
a)
If a trailer is used this must be tested and deemed suitable for use, at the same
time as the vehicle. The trailer must be covered and have sufficient luggage
capacity. No luggage will be carried on the cover of that trailer either by the
fitting of a roof rack or similar.
b)
Any luggage carried in a trailer must be protected against wind and rain
penetration and be secured in a manner that guarantees the luggage's safety.
c)
The trailer is to have an approved means of attachment to the vehicle. The
trailer must
have been manufactured by an approved trailer maker and be
marked with their name, address and gross weight and be braked.
a)
Smoking in the licensed vehicle by the driver is prohibited (This relates to any lit
cigarette, cigar, tobacco pipe, or similar).
b)
Smoking by passengers is prohibited while being carried within the vehicle. Any
such cigarette, cigar, tobacco pipe or similar shall be extinguished before
entering the vehicle.
a)
Seating for each passenger must be not less than 400mm (16”) with a minimum
width, measured between the arm rests, or any other point that is protruding into
passenger seating area, of 1220mm (48”).
b)
The minimum width between the back of the driver’s seat and the front of the
rear seating, measured when the driver’s seat is fully pushed back, must be not
less than 180mm (7”).
c)
The height, as measured between the rear seat and the height to the roof lining
in a vertical plain, must be not less than 860mm (34”).
29
Vehicles licensed as private hire vehicles under these terms and conditions will not be
required to comply with the Councils standard conditions of application.
30
The following conditions on the Councils MOT inspection sheet will not apply to
Hotchkiss jeeps used for private hire tours: - Condition – 7,13,21 and 22.
March 2013
Taxi Licensing/Terms & Conditions
Hotchkiss Jeeps