Agenda item

A report of the Head of Regulatory Services reviewing the Policy due to the Taxi Standards Guidance.

Considered a report of the Head of Regulatory Services seeking the Committee’s approval of policy changes for consultation to the Council’s Hackney Carriage and Private Hire Licensing Policy considering recent taxi standards guidance (item  7 on the agenda filed with these minutes).

Assisting with the consideration of the report: the Head of Regulatory Services and the Licensing Manager.

The Head of Regulatory Services stated that following the publication of the Department for Transport’s (DfT) statutory Taxi and Private Hire Standards the Council’s current policy had been assessed and did not require significant changes.  Where relevant the guidance would be adopted unless there were compelling local reasons not to.  As technology had changed the Service did need to adapt to how it was delivered.  These were highlighted in the attached report.  If approved the policy would be consulted on with the Trade and then be fully approved by the Committee in May 2021.

The Licensing Manager proceeded to summarise the changes as documented in the attached report.

Cllr Brookes joined the meeting.

Summary of discussion:

·         In respect of point 4.5, the Council would safeguard against bad practice by asking all drivers to sign up to the Disclosure and Barring Service (DBS) Update Service.  If drivers were to continue to be checked every 6 months as directed by the DfT this would incur additional expense to the driver.  By signing up to the Update Service the DBS check would occur automatically.  Once this process was moved online reports would be available on a weekly basis to safeguard against bad practice.

·         reference was made to the appeal heard by the Loughborough magistrates on 22nd September 2020 in respect of a personal license applicant whose application for a personal license had been refused by the Licensing Sub Committee on 11th December 2019 due to an unspent relevant offence.  The reasons for why this appeal was remitted back to be reheard by the Sub Committee were explained.

·         Licensing Authorities enforced the Licensing Regime in different ways as authorised by the Licensing and Gambling Act.  If the nine authorities in Leicestershire wished to jointly work together so that compliance and enforcement could be taken against licensees from outside the areas this would require a suitable protocol and agreement.

·         the Council was registered with NR3 and uploaded details of any driver that had their license revoked in Charnwood.  It was available for all registered local authorities to query when considering license applications.  the Council routinely checked the NR3 database when considering applications.

·         if the Council were to mandate the installation of CCTV in hackney vehicles and private hire vehicles the Council would become the data controller and be responsible for the data.  Currently it was not mandated and left to the judgement of owners and drivers and the Council requested that  drivers notify the Council if CCTV was installed.  Other councils had made CCTV a mandatory requirement and then reverted back to advisory after receiving Trade feedback.  It was noted that taking into account children or vulnerable adults and potential privacy issues would make this a tricky requirement to mandate and would have a significant impact on the work of the Licensing team to administer the process.

RESOLVED

1.    That the amended draft Hackney Carriage and Private Hire Licensing Policy at Appendix B is approved prior to consultation with the public and trade;

2.    That the Head of Regulatory Services be given delegated authority to make minor amendments and alterations to the draft Policy and procedures during the consultation period.

Reasons

1.      In July 2020, The Department for Transport (DfT) released ‘Statutory Taxi and Private Hire Vehicle Standards’ (‘the Standards’) attached at Appendix A. The DfT expects these recommendations to be given consideration, implemented and adopted within our policy, unless there is a compelling local reason not to. The Council is not expected to adhere fully to it, but to have given consideration to the document and if not able to implement explain why.

2.      To ensure that future minor amendments to the Policy, can be made in a timely manner by the Head of Regulatory Services, prior to the final draft being reported back to the Licensing Committee.  

Cllr Brookes abstained from the vote as he joined the meeting part way through the consideration of this item.