Agenda and minutes

The Chairman informed Members of the Public of the emergency evacuation procedure.

The Chairman introduced those present at the hearing: the members of the Sub-Committee, the Applicant Mr Robert Arrand, his driver Mr Robert Teed, the Senior Licensing Officer presenting the report, the Legal Adviser, and the Committee Clerk.

There were no apologies received

Members to indicate whether they will be declaring any interests under the Code of Conduct.

Members making a declaration of interest at a meeting of a Committee or Council are required to disclose the existence and nature of that interest. This requirement is not discharged by merely declaring a personal interest without further explanation.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, and any prejudicial or disclosable pecuniary interests, which they might have in the business on the agenda.

There were no declarations of interest.

That under Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following item as there would be a likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the authority holding that information) and that under Paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended), exempt information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

The Chairman referred to the Legal Officer, who outlined exclusion of the public and asked the parties if they felt there was a need to exclude the Public.

The Chairman outlined the Licensing Sub Committee Hearing Procedure.

1.    The Chairman stated that the sub committee have decided to deal with agenda items 7 and 8 together as both vehicle presented were from the same applicant. 

2.    The Chairman invited the Senior Licensing Officer to present his report. There were no questions from the Sub Committee or Applicant to the Officer.

3.    The Chairman asked the Applicant Mr Arrand to make his opening statement. Mr Arrand stated that he understood the vehicles to be outside of the Council’s policy however he felt the vehicles were exceptional and were required for the type of work his business carried out where alternative vehicles to Landrover would not be suitable. He continued to state that to purchase these types of vehicles within the Council’s vehicle age limitations would not be cost effective for the business due to the nature of the presented vehicles. Mr Arrand advised that the vehicles maintenance and service is carried out by Landrover and he had available with him the service documentation should the sub committee wish to view it. Cllr Andrews asked what was the type of work he undertook with these vehicles. Mr Arrand advised that his client base was transportation of people shooting on the moors which involved off road driving and transportation of film casts to rural locations, most of which require a Landrover to give direct access to the filming location. Cllr Andrews asked How much does a Landrover under 5 years old cost. Mr Arrand advised it will depend on the specification of the vehicle however it could be £60,000 - £70,000, possibly more depending on specific features for example the vehicles presented today have reclining rear seats, massage seats and fridges. There are no other companies in this area providing this level of vehicle.

4.    The Sub Committee, Senior Licensing Officer, Applicant and Clerk moved outside to the car park to view the vehicle. The Members of the Sub Committee on viewing the vehicle requested photographs to be taken. All parties returned to the Council Chamber. The Sub Committee had no further questions.

5.    The Senior Licensing Officer had nothing further to add. The Chairman invited Mr Arrand to sum up. Mr Arrand stated he nothing further to add.

6.    Members of the Sub Committee retired to consider the application and arrive at their decision. The Legal Advisor and Clerk retired with them.

7.    Members of the Sub Committee, Legal Advisor and Clerk returned to the Council Chamber and the Chairman announced the decision as follows:

DECISION OF THE SUB – COMMITTEE

It is the decision of the sub-committee today to grant the licence for both vehicles subject to the standard conditions.

The sub-committee note the following objectives outlined in para 7.1.6 of the policy apply to this application namely:

1. Safety, health and comfort of the public and drivers.

3. Vehicle safety, comfort and access.

4. Provision of high quality vehicles and services

The Policy states at Para 1, Appendix E of the policy that ‘The maximum age of a vehicle that may continue to be licensed shall be 10 years from the date of first registration. A licensed vehicle exceeding 10 years old at the date of application for renewal of its licence, may be licensed at the discretion of the licensing sub committee if such a vehicle is found to be an “exceptional vehicle in exceptional condition”. Each application for special consideration will be judged solely on its merits, provided it continues to be mechanically sound and passes the vehicle licensing inspection.

The appendix also states that a vehicle shall be less than 5 years old from the date of first registration. We note that vehicle R555 RUR is over 5 years old and subject to a new application, vehicle RR55 RUR is over 10 years old is subject to renewal.

The sub committee find the vehicles to be exceptional and in an exceptional condition. Both vehicles have an excellent MOT history with no advisory notes. They have passed the Ryedale District Council inspection checklist with no failures. The vehicles are serviced by a Land Rover dealership and well maintained. The visual inspection shows that the vehicles are impressive and the sub committee do not have any areas of concern in determining to grant the licence for both vehicles.

Date:  30/6/2022

Decision notified to all relevant parties

Cllr Michael Cleary, Chairman

There was no other business

The Meeting started at 10 am and closed at 11:02 am