ANOTHER taxi driver has been ordered to remove a seat from his seven-seater vehicle to ensure its complies with West Somerset Council's strict licensing regulations.

Private hire operator Adrian Fish had applied retrospectively for an exemption from the rules for his seven-seater Mitsubishi.

But at Tuesday's licensing committee meeting, councillors said they had no choice but to treat all applicants equally and refused to let him keep all seven seats.

Under the council's current rules, all passengers in newly licensed vehicles must be able to "access and egress from the vehicle . . . without the need to remove or adjust any seating".

Last month, the committee was faced with similar applications from private hire driver Andy Virgin of Watchet's Data Cabs and Hackney Carriage licence holder Tim Fish of Williton's Coastline Cabs.

But while both had operated older seven-seaters which were licensed before the rule was introduced without any problems, the pair were refused permission to use newer vehicles as seven-seaters which had been bought after the council adopted the seating regulation in 2005.

The committee believed passengers would have trouble getting in and out of the furthest back seats if they had to operate manually a seating mechanism.

But Mr Virgin was told he could use his vehicle if he removed a seat to ensure there was clear exit route for people sitting in the very back of his taxi.

Speaking at this week's meeting, Mr Virgin said the ruling had caused him nothing but trouble, especially as he could not always ensure rear seat passengers did not get out into the road.

"Taking the seat out has encouraged people to get out in the road. They see the gap and head for it.

"If this carries on like it is, I want the council to take responsibility if someone gets knocked over," Mr Virgin said.

Councillors were told they could not be held liable if someone did have an accident while using Mr Virgin's taxi and were advised that the seating arrangement in Mr Fish's vehicle was slightly different from that in Mr Virgin's.

Officers had recommended that Mr Fish be granted an exemption and not made to remove a seat to ensure passengers in the very back seats could get in and out.

Ian Timms, the council's housing and community manager, said at the time Mr Fish's vehicle was licensed in 2008, it was not necessary for it to be inspected by a licensing officer and the council had only recently become aware his cab did not comply with the 2005 seating rule.

He said the middle row of seats in Mr Fish's Mitsubishi could also easily be moved by using a foot lever, while the other drivers' vehicles had used hand levers to move the seats.

But councillors were unhappy with the recommendation and said it was not fair to have one rule for one driver and another for someone else.

Cllr Eddie May said: "The rule is for people to egress the vehicle without moving the seats, so they still have to move the seats in this one to get out, even if it is with a foot pedal and not a hand lever."

He was supported by Cllr Paul Tipney who said: "You can't expect one to take a seat out and another to leave it in. It's nonsense."

Cllr Doug Ross said the rule was in place to ensure people did not get stuck in the back of a taxi in an emergency and said many older people would have as much difficulty using a foot lever as a hand-operated system.

Others, including Cllrs Dave Westcott and David Sanders, disagreed and said the council was at risk of ruining someone's livelihood.

"In 2008 he was told it was fine, I don't believe we can now make him do anything different," Cllr Westcott said.

But the committee voted by seven votes to three to force Mr Fish to remove a seat in order to comply with the regulations.

l The committee agreed to review all the rules and regulations which govern taxi drivers, their vehicles and operators in West Somerset.

A select group of district councillors - Cllrs Eddie May, Sandra Slade, Angela Palmer, Jenny Hill and Hugh Davies - will look at the council's current rules to ensure they "reflect new working practices, legislation and procedures".

Mr Timms said: "The regulations aim to ensure that the vehicles are suitable, accessible and that they meet safety requirements.

"The regulations define the requirements of the authority with regards to drivers and operators, which is encapsulated by the test as to whether they are 'fit and proper' persons to hold such a licence.

"All regulations should be reviewed on a regular basis to ensure they reflect new working practices, legislation and procedures."

The group will initially report back to the licensing committee before a final recommendation is made to the full council.