Agenda item

(Director of Neighbourhoods) To consider the attached report (LCS-003-2016/17).

The Assistant Director of Neighbourhoods (Neighbourhood Services) presented a report on Hackney Carriage and Private Hire Licensing Conditions and Guidance.

The Assistant Director reminded the Committee that, in April 2015, it had reviewed the current state of the Council’s public hire licensing conditions and guidance, and had decided to undertake an in-depth revision. A Member/Officer Sub-Group was subsequently set up, which considered a number of issues including:

            (a)        the licensing of Multi-Purpose Vehicles (MPVs);

            (b)        the licensing of vehicles for less than four passengers;

            (c)        advertising on vehicles;

            (d)        guidance on how to deal with infringements of the conditions; and

            (e)        any other updating measures thought necessary, paying particular   attention to safeguarding.

The Assistant Director stated that the conditions and guidance had been subsequently amended, prior to the undertaking of a full public consultation with the trade and other interested parties. The Committee was requested to consider the revised conditions and guidance, propose any final amendments, and recommend them to the Council for adoption.

Cllr Dorrell highlighted a recent application whereby the Driver had been prosecuted for drink driving, and the Sub-Committee refused it as only 2 years had elapsed since the offence. The previous policy had stipulated that a period of five years should elapse from the date of the offence and Cllr Dorrell felt that a Private Hire or Hackney Carriage licence should not be granted immediately after the restoration of the DVLA licence. The Assistant Director explained that the Guidance had come from London Transport and was tried and tested within London. The Sub-Group had considered the Guidance reasonable, and the Assistant Director reiterated that the ‘Decision’ column was guidance only but it could be amended if the Committee so desired. The Chairman felt that it would be prudent to have a further minimum period after the restoration of the DVLA licence. Cllr Dorrell proposed that the Guidance for drink driving offences be amended such that a minimum period of twelve months should elapse following the restoration of the DVLA licence, and that the guidance for an isolated conviction which involved the use of a Public Hire vehicle should also be amended such that the application would be refused until a minimum period of 2 years had elapsed after the restoration of the DVLA licence. This proposal was seconded by Cllr Keska and agreed by the Committee.

The Licensing Manager reminded the Committee that it was a legal requirement for a DVLA licence to be held for a minimum of twelve months before an individual could apply for a Hackney Carriage or Public Hire Driver’s Licence. However, it was the policy of the Council that an applicant had to have held a DVLA licence for a minimum of 3 years before making an application.

The Licensing Manager reported that potential Hackney Carriage or Private Hire Drivers were given a medical and a Taxi Knowledge test, which included safeguarding and disability awareness issues. There was no physical road or driving test undertaken by applicants. The Assistant Director added that the Council had never insisted upon a driving test; if an applicant had a DVLA licence then they could drive, and the Council’s policy was that an applicant had to have held a DVLA licence for 3 years before they could apply. The Knowledge test included route knowledge within the District, although it was also noted that the Council could prohibit the use of satellite navigation devices, and a language test had been included in the new regulations before the Committee.

The Chairman noted that the new regulations made mention of Diabetes but did not differentiate between Type 1 and Type 2. It was highlighted that the DVLA’s licensing policy was different for Type 1 and Type 2 Diabetes, and the Council’s Hackney Carriage/Private Hire Driver regulations could reflect this. The Chairman felt that some clarification was needed to ensure that applicants and drivers were not misled about the need to report their condition and it was suggested that this terminology could be revised when the Policy and Guidance was reviewed.

Resolved:

(1)        That the guidance for an isolated conviction of drink driving or driving under the influence of drugs be amended for the following scenarios:

            (a)        for an isolated conviction and the DVLA licence now restored, the    guidance be amended to read “Refuse application until 12 months after the restoration of the DVLA licence”; and

            (b)        for an isolated conviction which involved the use of a Public Hire      vehicle and the DVLA licence now restored, the guidance be amended to           read “Refuse application until 2 years after the restoration of the DVLA             licence”; and

Recommended:

(2)        That, as amended above, the new Hackney Carriage and Public Hire Licensing Conditions and Guidance be recommended to the Council for adoption.