Agenda item

Hackney Carriage and Private Hire Licensing Policy

To provide the Committee with a chance to give initial comments on the draft hackney carriage and private hire licensing policy prior to consultation.

Minutes:

James Button in introducing the report explained that he had been asked to review the existing policy in light of the

Department for Transport guidance issued in June 2020. The guidance “Statutory Taxi and Private Hire Vehicle Standards” required local authorities to review, revise and update their policies in relation to hackney carriage and private hire licensing.

 

The Committee was being asked to review the draft policy which would then be subjected to a twelve week consultation. The policy was designed to provide clarity for the trade, those seeking to be licensed as well as residents.

 

In drafting the policy Mr Button had taken cognisance of the existing policy, the guidance, legislation and best practice in other authorities. He hoped that the layout was logical and explained that the formatting and appearance would be reviewed prior to consultation.

 

In discussing the policy it was noted that:

·       The request to include reference to comprehensive insurance had been picked up in paragraph 1.21

·        While some of the elements of the Penalty Points Scheme could be deemed to be subjective it was preferable to trying to introduce a more rigid enforcement tool.  It would afford the licensee with the opportunity to accord with the required standards of behaviour and had built in opportunities for appeal to the Licensing Panel. Where licenses were revoked there was also an opportunity to appeal to the Magistrates’ Court, and further right of appeal to the Crown Court in relation to any refusal to grant or renew a driver’s licence, or suspension or revocation of a drivers licence.

·       Some of the data in section 1.1 which described the borough needed to be updated.

·       The relevant byelaw needed to be inserted into paragraph18.26.

·       The age of vehicle requirements in the current policy had been replaced with the need to meet the Euro 5 or Euro 6 emissions standards where vehicles were being submitted for grant or renewal of a licence.

·       It would be useful to clarify that this policy provided guidance and as it was a policy it would be permissible to deviate from it in some circumstances. This was achievable as each application would be judged on its own merits.

·       Members in reviewing the options in the policy which were delineated by the use of red text agreed that the Safeguarding and Disability Awareness Training should be undertaken every three years. The frequency was designed to reflect the importance of the training as well as the fact that guidance on these matters was regularly being amended. The costs were also built into the licensing fees.

·       They also agreed that in terms of the Pre-requisites to Making an Application the second option should be included which would permit the issuing of a short term licence where the application had not been granted prior to the current licence expiring.

·       Where a short term licence had been granted it would be deemed to be a lawfully issued licence for the purposes of insurance etc and any transgressions would be treated in the same way as if a normal licence had been granted.

·       Members welcomed the use of the word may in this paragraph.

 

Having discussed the matter, it was RESOLVED that:

  1. Officers should consult on the draft Hackney Carriage and Private Hire Licensing Policy set out in Annex A subject to the changes agreed at the meeting, and

 

2.     On conclusion of the consultation and consideration of responses, the matter will return for further consideration at the 20 October 2022 Licensing and Safety Committee meeting prior to a recommendation being made to Full Council around the adoption of the policy.

Supporting documents:

 

Contact Information

Democratic services

Email: committee@bracknell-forest.gov.uk