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Licensing Sub-Committee - Tuesday, 23rd September, 2025 2.00 pm

September 23, 2025 View on council website

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Summary

The Licensing Sub-Committee of Basingstoke and Deane Borough Council (BDBC) is scheduled to convene on Tuesday, 23 September 2025, to address an appeal concerning the refusal of a new Private Hire Vehicle (PHV) licence. The sub-committee, composed of Councillor Andrea Bowes, Chair of the Human Resources Committee, Councillor Kevin Chatburn, Vice Chair of the Environment and Infrastructure Committee, and Councillor Sajish Tom, will consider the case details and determine the appropriate course of action. The meeting will also cover the election of a chair and declarations of interest.

Appeal Against New Private Hire Vehicle Licence Refusal

The primary focus of the meeting is to discuss an appeal against the refusal of a new PHV licence. According to the Public Reports Pack, the vehicle in question exceeds the age limit stipulated in the BDBC Hackney Carriage and Private Hire Licensing Policy.

The report pack outlines the following key points:

  • Background: The vehicle was previously licensed by BDBC as a PHV until 24 November 2024. A renewal reminder was sent, but the licence holder did not submit a renewal application before the licence expired. A new PHV licence application was submitted on 17 July 2025, at which point the vehicle was four years and six months old, exceeding the age limit for new vehicles.
  • Policy: The BDBC Hackney Carriage and Private Hire Licensing Policy 2024-2029 states that PHVs for general PH use must be newer than 3 years of age at first licence and can be relicensed until the vehicle is 10 years old at date of licence renewal. Applications to extend licences past 10 years will only be considered on an exceptional circumstance basis.
  • Applicant's Appeal: The applicant's representative, , has appealed the refusal, noting that the council is aware that the vehicle was first registered as a private hire vehicle when it was less than 3 years old, and that the licence was not renewed due to an oversight.
  • Legal Considerations: The report pack references the Local Government (Miscellaneous Provisions) Act 1976, which grants councils the authority to license private hire vehicles and impose conditions. It also cites a High Court case, R v Hyndburn Borough Council ex parte Rauf and Kasim (1996) CLY 2537, which affirmed a council's right to set age limits for licensed vehicles.
  • Department for Transport Guidance: The report pack also references the Department for Transport (DfT) 'Taxi and private hire vehicle licensing best practice guidance for licensing authorities', which suggests that licensing authorities should not impose age limits for the licensing of vehicles, and instead they should consider more targeted requirements to meet their policy objectives on emissions, safety rating and increasing wheelchair accessible provision where this is low.

The sub-committee is tasked with determining whether to uphold the refusal or to depart from the licensing policy and grant the new PHV licence. The report pack advises that members must consider the council's licensing policy, which aims to ensure public safety, maintain a professional trade, provide efficient transport, and address environmental impact.

The report pack presents the options available to the sub-committee:

To depart from the Licensing Policy for Hackney Carriage and Private Hire and allow this new PHV licence application, or

To remain within the Licensing Policy for Hackney Carriage and Private Hire and refuse this new PHV licence application.

The Public Reports Pack includes several appendices relevant to the appeal:

  • Appendix 1: New Private Hire Vehicle Application
  • Appendix 2: Refusal Notice
  • Appendix 3: Applicant Appeal
  • Appendix 4: Extracts from Draft BDBC Hackney Carriage and Private Hire Licensing Policy 2024 – 2029

Exclusion of Public

The agenda for the meeting, as outlined in the Agenda Frontsheet, includes a resolution to exclude the public from the remainder of the meeting, should it be deemed necessary. This would be done under Section 100(A)(4) of the Local Government Act 1972, if exempt information is likely to be disclosed.

Matters Involving Exempt Information

The agenda also includes an item to discuss matters involving the likely disclosure of exempt information. Details of what these matters are is not available in the agenda.

Attendees

Profile image for CouncillorAndrea Bowes
Councillor Andrea Bowes  Chair of the Human Resources Committee •  Liberal Democrats •  Brighton Hill
Profile image for CouncillorKevin Chatburn
Councillor Kevin Chatburn  Vice Chair of the Environment and Infrastructure Committee •  Independent Member •  Tadley & Pamber
Profile image for CouncillorSajish Tom
Councillor Sajish Tom  Labour •  Popley

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 23rd-Sep-2025 14.00 Licensing Sub-Committee.pdf

Reports Pack

Public reports pack 23rd-Sep-2025 14.00 Licensing Sub-Committee.pdf