Issue - meetings

Consideration of recommendation LA 23/17 of the Licensing and Appeals Committee of 27 September 2023

Consideration was given to the recommendations of the Licensing and Appeals Committee of 27 September 2023 in respect of the consultation on the Hackney Carriage and Private Hire Policy 2023-28.

Due regard was given to the responses submitted, the legal implications and risk assessment.    The requirement for the Borough Council to review and adopt a new Policy was also noted.

RESOLVED:  That

(1)             the following proposed changes to the Hackney Carriage and Private Hire Policy, as set out in Annex 1, be approved:

·        payment by credit/debit card be accepted for all Hackney Carriage journeys;

·        the Disclosure and Barring Service (DBS) checks be outsourced to an external third party, where a driver does not hold an online account update service;

·        the length of time for lost property to be kept be reduced from 12 months to 2 months;

·        for any Hackney Carriage driver failing to take a passenger on a journey, regardless of distance, or charging more than the fare shown on the metre when taking payment by credit/debit card, 9 penalty points and a two-week suspension be imposed on their TMBC driving licence, and subsequent offences be referred to the Licensing and Appeals Committee;

·        membership of the Chauffeurs Guild as mechanism to bypass the requirement to take the knowledge test be removed;

·        colour restriction for designated wheelchair accessible vehicles (WAV) be removed; and

·        a higher than 50 percent Manufacturer tint for back passenger windows be allowed for plate exempt vehicles undertaking Chauffeur work.

(2)        further investigation work by Officers in respect of the following areas, as identified in the proposed changes to the Hackney Carriage and Private Hire Policy, as set out in Annex 1, be undertaken and reported to a future meeting of the Committee:

·        CCTV in all licensed vehicles (Hackney Carriage and Private Hire);

·        Colour restriction of a Hackney Carriage Vehicle; and

·        Drivers badge for school runs only with specially defined plate.

(3)        the revised Hackney Carriage and Private Hire Licensing Policy 2023 – 2028, attached at Annex 4, be approved with the above agreed changes detailed in Recommendation (1) incorporated.

The report seeks approval of the proposed changes to the Hackney Carriage and Private Hire Policy.

A revised Hackney Carriage and Private Hire Policy 2023 – 2028, attached at Annex 4, which went out for public consultation from 10 July 2023 to 1 September 2023, and a list of proposed changes within the consultation, attached at Annex 1, were presented for consideration.  Responses to the consultation, including a response in the form of a petition from 31 drivers, were detailed in Annex 2 and Annex 3 respectively.

Members had due regard to the legal implications and risk assessment set out in the report whereby the need for the Borough Council to adopt a new policy was explained – this was due to the policy lasting for a maximum of five years and would by law lapse after five years unless reviewed and adopted by Full Council again.

RECOMMENDED*:  That

(1)        the following proposed changes to the Hackney Carriage and Private Hire Policy, as set out in Annex 1, be approved:

·         payment by credit/debit card be accepted for all Hackney Carriage journeys;

·         the Disclosure and Barring Service (DBS) checks be outsourced to an external third party, where a driver does not hold an online account update service;

·         the length of time for lost property to be kept be reduced from 12 months to 2 months;

·         for any Hackney Carriage driver failing to take a passenger on a journey, regardless of distance, or charging more than the fare shown on the metre when taking payment by credit/debit card, 9 penalty points and a two-week suspension be imposed on their TMBC driving licence, and subsequent offences be referred to the Licensing and Appeals Committee;

·         membership of the Chauffeurs Guild as mechanism to bypass the requirement to take the knowledge test be removed;

·         colour restriction for designated wheelchair accessible vehicles (WAV) be removed; and

·         a higher than 50 percent Manufacturer tint for back passenger windows be allowed for plate exempt vehicles undertaking Chauffeur work.

(2)        further investigation work by Officers in respect of the following areas, as identified in the proposed changes to the Hackney Carriage and Private Hire Policy, as set out in Annex 1, be undertaken and reported to a future meeting of the Committee:

·         CCTV in all licensed vehicles (Hackney Carriage and Private Hire);

·         Colour restriction of a Hackney Carriage Vehicle; and

·         Drivers badge for school runs only with specially defined plate.

(3)        the revised Hackney Carriage and Private Hire Licensing Policy 2023 – 2028, attached at Annex 4, be approved with the above agreed changes detailed in Recommendation (1) incorporated.

* Referred to Council