Meeting documents

An apology for absence was submitted on behalf of Councillor Rainsbury.

There were no declarations of interest declared.

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 14 June 2016 be approved as a correct record and signed by the chairman.

Further to minute no. 34 (24 November 2015), the committee considered the proposed Hackney Carriage and Private Hire Licensing Policy following the formal consultation process.

As previously reported the council did not have a comprehensive policy covering the regulation of the Hackney Carriage and Private Hire trade within the borough. Instead the licensing authority?s policy can be found within numerous decisions taken by the General Licensing Committee over the years.

It was seen as best practice to have a comprehensive policy as it would promote a transparent and consistent approach towards the regulation of the trade, and it would also strengthen the council?s case in the event of an appeal as the Magistrates? Court was required to consider the policy as part of the appeal process.

A draft policy bringing together the policies adopted over the years was prepared and considered by the General Licensing Committee at its meeting held on 24 November 2015 when a period of consultation with the trade was approved.

Consultation took place until 1 January 2016. During this period a number of comments were received. The draft policy had been reviewed in light of these comments.

The draft policy had now been further reviewed to include additional narrative confirming the aims of the licensing system and the test applied to prospective applicants for hackney carriage and private hire driver?s licences. A section had also been included explaining the application process. This additional text did not include any policy changes therefore a further period of consultation would not be required. The committee noted that the sections of the policy had been rearranged to give greater prominence to the licensing of hackney carriage and private hire drivers. All changes/additional text had been highlighted in red in the policy document appended to the report.

The policy document had been considered by Legal Services, external legal opinion and the Local Government Association to give assurance that it was robust and fit for purpose.

The chairman indicated that before the committee consider a detailed analysis of the proposed policy document, he reminded members that any suggested amendments would have to be minor/cosmetic ones.

The chairman explained that the reasons for this was because the policy document came before the committee in November 2015. Members had an opportunity at that time to comment on any major amendments, prior to the consultation with the trade and the policy being paced on the council?s website. Therefore, as the consultation had already ended, and comments have been collated, the council would have to go through a consultation period again for any major changes proposed.

The chairman concluded that it was therefore intended that if there were any major proposals to put forward, then these would be noted and considered at a future date when the policy document would be reviewed.

Councillors Nelson and Wharton commented that they felt that the committee did not have an opportunity to comment on the draft policy document since the formal consultation process. Both members felt that the draft policy should go through the consultation process again if there were any major changes identified at this meeting.

The Senior Solicitor explained that the committee had an opportunity to comment on the draft policy in November 2015 on any major amendments prior to the formal consultation process. The Senior Solicitor reiterated the comment made by the chairman earlier in the meeting that the purpose of this meeting was to provide members an opportunity to make minor/cosmetic amendments to the proposed policy document. Any major changes suggested would be noted and reviewed at a future date.

During the course of the proceedings, the Interim Licensing Manager reported upon the suggested amendments to the policy document:

Page 2

? First Paragraph ? additional bullet points to add ?Community partnership? and ?Safeguarding Boards?

? Delegations ? second paragraph ? amended to read ?Where a need for urgent action arises between meetings of the Cabinet or Committee, emergency decisions in respect of the suspension/revocation of drivers/operator?s licence can be taken by the Chief Executive or other designated officer in consultation with the concerned Cabinet Member or the Chair of Licensing by virtue of Standing Order 38 of the Constitution. Action taken under this Standing Order will be reported to the next meeting of the General Licensing Committee.

? Delegations ? third paragraph ? removed and replaced with ?Licensing Officers are authorised to carry out the day to day duties in respect of licensing in accordance with the legislation and the Council?s policies

? Information Exchange ? second paragraph ? Audit Commission removed and replaced with ?National Audit Office?

Other suggested changes

Page 5 ? DBS Checks

? second paragraph ? reasonable excuse amended to ?reasonable explanation?

? third paragraph ? The Council expects changed to ?The Council requires?

Pages 11 and 16 ? CCTV ? first paragraph ? amended to read ?CCTV or any other image recording device may be used within a hackney carriage subject to the Council being given prior notification.

Appendix 5 ? removal of Hackney Carriage Vehicle Condition No. 4 and Private Hire Vehicle Condition No. 19(a) including the reference in respect of 19(b) stating that ?Notwithstanding anything in (a)?

Appendix 9 ? penalty points scheme ? suggested removal at this stage ? trade comments were that further discussions should take place before this was implemented.

In addition, the committee recommended the following minor/cosmetic changes:

? Page 3 ? Hackney Carriage and Private Hire Drivers ? first sentence ? amended to read ?An applicant must satisfy the Council, on the balance of probabilities, that they are a fit and proper person to become licensed.?

? Page 5 ? third paragraph ? remove the words ?without reasonable excuse?

? Page 5 ? fourth paragraph ? The Council expects amended to ?The Council requires?

? Page 7 ? Standard of Dress ? first paragraph ? amended to read ?The Council expects all licensed drivers not only to be professional when working, but also look professional. Drivers must wear their Council issued ID badge at all times whilst they are acting as a licensed driver. Whilst there is not a prescribed dress code, drivers must not:?

? Page 9 ? Vehicle Age Limits ? in bullet point (a) remove the words ?or have a full service history and mileage under 25,000.? and in bullet point (b) remove the words ?or have a full service history and mileage under 40,000.?

? Page 10 ? Vehicle Age Limits ? last paragraph ? amended to read ?Each case will be determined on its own individual merits and any departures from this policy will be in exceptional circumstances only and will be recorded along with the reasons for such a departure. Any departure from the policy will not create a precedent for future decisions.?

? Page 11 ? Taximeters ? last paragraph ? amended to read ?The meter must be calibrated to the current South Ribble Hackney Carriage Tariff and vehicles must be presented, on request, to an authorised officer of the Council to validate the accuracy of the taximeter.?

? Page 11 ? CCTV ? first paragraph ? amended to read ?The Council recommends the use of CCTV systems in vehicles for the safety of both the driver and passenger.?

CCTV or any other image recording device may be used within a Hackney Carriage subject to the Council being given prior notification of the installation.?

? Pages 14 and 15 ? Vehicle Age Limits ? in bullet point (a) remove the words ?or have a full service history and mileage under 25,000.? and in bullet point (b) remove the words ?or have a full service history and mileage under 40,000.?

? Page 15 ? Vehicle Age Limits ? last paragraph ? amended to read ?Each case will be determined on its own individual merits and any departures from this policy will be in exceptional circumstances only and will be recorded along with the reasons such a departure. Any departure from the policy will not create a precedent for future decisions.?

? Page 16 ? CCTV ? first paragraph ? amended to read ?The Council recommends the use of CCTV systems in vehicles for the safety of both the driver and passenger.?

CCTV or any other image recording device may be used within a Hackney Carriage subject to the Council being given prior notification of the installation.?

? Page 20 ? Records ? the addition of a final paragraph to read ?The Operator is also required to keep records of any hackney carriage and driver licensed by other authorities used by the operator for private hire bookings. Such details must be notified to the Council in writing forthwith and in any event within 72 hours using form OPDVS.?

? Page 20 ? Regulations & Enforcement ? remove third paragraph and the final paragraph amended to read ?The Council?s current Taxi and Private Hire Enforcement Policy is attached at Appendix 9.?

? Appendix 6 ? Roadworthiness Test ? additional check items to add ? ?No smoking stickers? and ?CCTV stickers (if CCTV installed)?

? Appendix 6 ? Roadworthiness Test ? Window Tints ? amended to read ?Does the tint in the windows comply with the Council Policy (If NO, the vehicle proprietor must contact the Licensing Unit unless an exemption certificate for condition 14 has been granted)?

? Appendix 9 ? Taxi and Private Hire Licensing Enforcement Policy ? additional paragraph after Informal Action ? under Referral to General Licensing Committee ?Licence holders will be referred to the General Licensing Committee for a decision on whether they remain a fit and proper person to be licensed. Decisions to refer will be made on a case by case basis taking into account the nature and seriousness of the alleged conduct/non-compliance and the licence holder?s previous history.?

RESOLVED (UNANIMOUS): that

1. the report submitted be noted.

2. subject to the suggested additional amendments as reported by the Interim Licensing Manager and the minor/cosmetic changes recommended by the committee, the proposed Hackney Carriage and Private Hire Licensing Policy be approved in so far as this committee is concerned.

3. it be recommended to full Council at its meeting on 20 July 2016 that the Hackney Carriage and Private Hire Licensing Policy be adopted.