Agenda item

Review of Hackney Carriage and Private Hire Licensing Policy 2023-2028

The report presents a revised Hackney Carriage and Private Hire Licensing Policy for consideration.   

Minutes:

The report of the Director of Planning, Housing and Regulatory Services presented a revised Hackney Carriage and Private Hire Licensing Policy for consideration (Annex 1).

 

Attention was drawn to the key revisions proposed to the adopted policy including changes to window specifications and visible light transmission; permanent signage to front side doors of vehicles to improve vehicle identification in the event of disputes; removal of reference to outsourcing Disclosure and Barring Service (DBS) checks and making it a mandatory requirement for all new driver applicants and all existing driver renewal applicants to sign up to the online DBS service.

 

Members recognised the importance of ensuring only fit and proper persons and suitable vehicles were licensed in the interests of public safety.  However, concern was expressed regarding the proposed changes to window specifications which could exclude a large proportion of available vehicles and impact local taxi businesses due to cost and inability to change windows to compliant variants.  It was noted that the proposal was considered best practice and in line with the Department for Transport’s 2023 guidance.

 

There was in-depth discussion on whether the Borough Council should adopt the figure proposed in the report or consider manufacturer settings instead.  Concern was expressed about the fairness and practicality of the current and proposed window standards.

 

On the basis that the revised Policy would be subject to public consultation, Cllr Lark proposed, Cllr King seconded and the Committee supported the new wording for Appendix A Section 8.4 on window light transmission values as detailed in 3.1.2 of the report. 

 

Reference was made to the proposals in respect of door signage and disappointment was expressed that the previously requested use of a QR code linking to a complaint form was no longer referenced.  In response, there was a commitment to revisit this request and options to include a functional, dedicated online form and QR code would be explored as part of the public consultation.

 

RESOLVED:  That

 

(1)

the revised Hackney Carriage and Private Hire Licensing Policy (attached at Annex 1) be agreed for publication consultation, subject to:

 

 

(i)

the inclusion of new wording of Appendix A Section 8.4 on window light transmission values (VLT) as set out below:

 

 

 

·       All Private Hire and Hackney Carriage vehicle windows must meet the requirements as prescribed by the Road Vehicles (Construction and Use) Regulations. (75% light transmission (VLT) windscreen, 70 % light transmission (VLT) front passenger windows)

·       In line with Department for Transport Taxi and private hire vehicle licensing best practice guidance, windows rear of the vehicle B pillar shall have a VLT figure of 30% or above to maintain passenger confidence whilst ensuring a wide range of vehicles may be licensed.

·       Vehicles already licensed at the date when this revised policy came into effect will continue to be licensed until they are replaced. Replacement vehicles (permanent or temporary) must comply with this condition.

 

 

(ii)

Section 3.12 (and associated references in the appendices) be amended to require Hackney Carriage and Private Hire Vehicles to affix permanent signage to the front side doors of the vehicle (unless exempt under Section 3.13), with options to include a functional, dedicated online form and QR code to be explored;

 

 

(iii)

Section 4.6 be amended to remove reference to outsourcing Disclosure and Barring Service (DBS) checks;

 

 

(iv)

Section 4.7 be amended to make mandatory a requirement for all new driver applicants and all existing driver renewal applicants to sign up to the online Disclosure & Barring Service update service and to give Tonbridge and Malling Borough Council authority to access DBS records at any time. Six monthly DBS checks will be carried out throughout the duration of a licence or more frequently should this be necessary; and

 

 

(v)

Section 4.11 be amended to make clear the requirement for drivers to report to the Council as the licensing authority any convictions or orders affecting them within 7 days of such an occurrence, irrespective of the offence.

 

(2)

if there were no responses arising from the public consultation, delegated authority be given to the Director of Planning, Housing and Regulatory Services to approve the Policy.

 

Supporting documents: