To consider an application to licence a vehicle outside the standards vehicle licence conditions.

The licensing officer introduced the report and advised the sub-committee that the matter related to an application for a replacement vehicle which fell outside of the standard conditions. It was noted that Mr Richards had previously been to committee and was granted ‘grandfather rights’ to a vehicle that was already licenced when the vehicle conditions were amended. Mr Richards had now purchased a new vehicle which was the same as his previous vehicle, which he knew did not comply with the conditions.

Mr Richards addressed the sub-committee and was of the opinion that grandfather rights should be transferred to his new vehicle.

In response to a question from the acting principal lawyer, the licensing officer advised that grandfather rights were initially granted to vehicles that were in operation prior to the new regulations being introduced. The use of grandfather rights gave licence holders the opportunity to continue to use vehicles which were not in compliance before being replaced with compliant vehicles over the course of time.

In response to a question regarding the removal of the age restriction of vehicles, the licensing officer confirmed that the conditions focused on public safety and that older vehicles would be more regularly inspected to ensure that there was no risk to the public.

The sub-committee retired to make their decision. When they reconvened the applicant was advised that the Committee was clear that the application of grandfather rights was intended to operate only for vehicles purchased and operated for taxi/private hire purposes prior to the introduction of the current licensing regulations and not for vehicles purchased after they had come into force.

RESOLVED

THAT the application be refused as the vehicle falls outside of standard condition 5.2(i).

To consider an application for a new premises licence in respect of The Queens Arms, 30 High Street, Bromyard, HR7 4AE.

The Licensing Officer advised the sub-committee that the applicant had been involved in a motor vehicle accident and would not be able to attend the hearing. The sub-committee adjourned the meeting until Friday 16 September 2011 in accordance with regulation 11 of the Licensing Act Hearing Regulations.