Meeting documents

Apologies for absence were submitted on behalf of Councillors Mrs Ball and Mrs Beattie.

There were no declarations of interest declared.

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 20 January 2015 be approved as a correct record and signed by the chairman.

An application for a private hire vehicle licence for a silver Chrysler was submitted.

The applicant, Mr Hayes, attended the meeting and addressed the committee.

A request was also made by Mr Hayes to waive the requirement to display private hire vehicle licence plates if the application for the vehicle licence was granted.

The meeting was adjourned at 6.08pm to allow members of the committee an opportunity to inspect the vehicle.

The meeting resumed at 6.12pm.

RESOLVED (UNANIMOUS): that ?

1. Mr Hayes? application to licence the Chrysler as a private hire vehicle as detailed in the report submitted be approved ? this will only apply until the vehicle reaching the council?s age limit of 8 years from the date of first registration.

2. that the request to waive the requirement to display the vehicle plate, be approved subject to the following -

i. The private hire driver's badge must be worn by the driver of the vehicle at all times.

ii. That the standard Condition 6 attached to the grant of a Private Hire Vehicle Licence not be enforced and substituted by: There is no requirement to fix a plate to the exterior of the vehicle but instead the notice issued under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 exempting the licence holder from the need to display a plate on the vehicle be carried to confirm the vehicle is licenced. The notice must be carried on the vehicle at all times and readily available if required by an authorised officer of the council.

iii. That Condition 23(c) attached to grant of a Private Hire Vehicle Licence relating to the external affixing of door signs not be enforced.

iv. That Condition 6(a) attached to the grant of a Private Hire Vehicle Licence relating to the display of an internal vehicle card not be enforced.

v. That in the event of the vehicle being used for non-executive private hire work, the usual private hire licensing requirements be enforced.

Further to minute no. 41 (20 January 2015), it was reported that a notice had been published in Lancashire Evening Post (and on the council?s website) on 6 February 2015 and there were no responses receive from either the trade or members of the public.

RESOLVED (UNANIMOUS): that the committee?s previous decision (minute no. 41) on the revised hackney carriage tariff as set out in Appendix 1 to the report be reaffirmed and to take effect from 20 March 2015.

The committee considered a report regarding changes to the duration of hackney carriage and private hire driver?s licences and private hire operators? licences.
The council currently issues both driver and operator licences for 12 months under the provisions of section 53 (1) (a) and (b) and 55 (2) of the Local Government (Miscellaneous Provisions) Act 1976. The Act provide the relevant licensing authority to grant driver licences for up to 3 years and private hire operators? licences for up to 5 years.

Drivers were required to complete a sworn declaration of convictions each time they renew their licence and every 3 years these declarations were verified when the council required sight of an enhanced disclosure certificate.

Licensed driver?s eligibility were verified by the Licensing Unit with the DVLA every 3 years and drivers were then required to provide a group II medical certificate of fitness on first application (then every 5 years until they reached 65 years of age and thereafter every year).

The current system of annual renewals allow officers to assess the ongoing suitability of drivers every year and the fitness of vehicles every 6 months, however the workload and costs involved in sending out reminder letters and processing applications was significant. The Licensing Unit issues approximately 860 reminders followed by 860 Licences every year.

Changes to the management and delivery of the council?s licensing functions in recent years had resulted in a complete review of the way in which the council deliver its taxi licensing service.

By moving the licence duration to 3 years the resources needed to administer renewal applications every year would be reduced. This would free up the council?s Licensing Officers time to undertake more pro-active regulation of the fleet.

In order to be satisfied that licensed drivers remain fit and proper throughout the 3 year period, the licensing authority would require licensed drivers to complete and return a sworn declaration of convictions on the 1st and 2nd anniversary of the grant of the licence.

Failure to submit the declaration without reasonable excuse, by the due date, would result in the driver being referred to the General Licensing Committee for consideration. As part of the council?s move to on-line applications, written invitations to renew driver licences would no longer be issued.

Every licence issued?have a clear expiry date printed on the badge and counterpart licence. Drivers would be responsible for ensuring that they make their application to renew their licence in good time, including their application for an enhanced disclosure certificate and consent for checks with DVLA.

The council would continue to require any driver who fails to renew their licence before the expiry of their current one to submit a new application.

As the renewal requirements for general practitioners fitness certificates did not align to 3 year licences the Licensing Unit would continue to send reminders to drivers 6-8 weeks before existing certificates expire, where possible by electronic means. As with the convictions declarations, failure to provide a valid group II medical certificate of fitness without reasonable excuse would result in suspension of the licence until such time as the certificate had been submitted.

The move to a 5 year Private Hire Operators Licence would increase the application fee due to varying degrees, dependant on the fleet size of individual operators.

To ease the financial burden on private hire business during the first year of the new licences, it was proposed to offer those who want it an arrangement to pay half the fee on application and the rest on the 1st anniversary of grant. This would give operators 3 years without fees in which to prepare for the full 5 year fee which would become due during the 2020/21 financial year.

There were no proposals at this time to alter the length of vehicle licences, which would remain at 6 months and subject to the production of a satisfactory road worthiness test report and insurance.

RESOLVED (UNANIMOUS): that ?

1) from 1 April 2015 hackney carriage and private hire driver?s licences be moved from an annual basis to every to 3 years subject to the following:

a) Applicants for new driver?s licences who meet all the council?s criteria be issued with a 3 year licence.

b) Existing licensed drivers be issued with a 3 year licence when their renewal application includes the need to provide an enhanced disclosure certificate.

c) Existing drivers who are not due to provide an enhanced disclosure certificate be given the option to continue with an annual licence until b (above), or to apply for a 3 year licence subject to the provision of a new, satisfactory, enhanced disclosure certificate.

d) In all cases the Licensing Authority retain its discretion to issue licences for a shorter period, should it consider it appropriate to do so in individual circumstances.

2) Operators Licences be issued for 5 years.

The committee considered the proposed fees and charges for taxi licensing.

Recent cases had highlighted the need for the licensing authority to ensure that it kept its fees and charges under review.

The council?s fees in respect of hackney carriage and private hire licensing should be set with a view to recover the costs of issue and administration. They cannot be charged to fund the costs of enforcement action against unlicensed drivers or vehicles.

A detailed review of the current level of fees charged by the licensing authority had been undertaken by officers in recent months, following a number of changes to the way in which the council delivers its licensing service. Appendix 1 to the report listed the proposed fees and charges.

If the committee wish to proceed with the new fee structure, a public notice must be placed in a local newspaper specifying a date (not less than 28 days from the date on which the notice was first published). If there were no outstanding objections to the fee changes by this date, they should come into effect on that date.

If there were outstanding objections, the matter would have to be reconsidered by the committee at its next scheduled meeting on 14 April 2015. The level of fees to be charged then must be readvertised (even if they have not been amended from the earlier decision) to take effect on a date set not more than 2 months after the first date advertised.

RESOLVED (UNANIMOUS): that the proposed fees and charges for hackney carriage and private hire licensing as set out in Appendix 1 to the report submitted be approved for public consultation.

RESOLVED (UNANIMOUS): that the press and public be excluded from the meeting during the consideration of the following items of business as it involved the discussion of information which was defined as exempt from publication under paragraphs 1 and 2 (information relating to an individual and information which was likely to reveal the identity of an individual) of Part I of Schedule 12A of the Local Government Act 1972 and in which the public interest in maintaining the exemption outweighed the public interest in disclosing it.

A report was submitted following action taken under the provisions of Standing Order No. 38 (under the Council?s Constitution ? Procedure Rules) to revoke Mr Kallman?s hackney carriage driver?s licence.

RESOLVED (UNANIMOUS): that the action taken be noted.