Agenda item - ADOPTION OF A TAXI AND PRIVATE HIRE LICENSING POLICY

REPORT OF THE LICENSING AND COMMUNITY SAFETY MANAGER

To consider responses to the consultation and adopt a revised taxi and private hire licensing policy.

RESOLVED: That the Committee

(1) Considered the responses to the public consultation.

(2) Commented on the Policy, attached as Appendix A, and delegated authority to the Licensing and Community Safety Manager, in consultation with the Chair of the Licensing and Regulation Committee, to make amendments to the policy, as outlined at the meeting.

REASONS FOR DECISIONS:

(1) The existing policy has worked well since its adoption with effect from 26 October 2020, following a public consultation on a number of changes to policy.

(2) The adoption of a policy ensures that applicants, licence holders, and the public have a clear understanding of the licensing process and objectives; it also ensures a consistent and transparent approach to decision-making.

(3) Continued efficiencies through smarter ways of working, supported by the co-operation of the licence holders, has resulted in changes to the policy that will improve the customer experience and make best use of existing resources.

(4) Government has published two new documents that local authorities must consider when adopting its next policy, and they have been considered as part of this consultation process.

(5) Early discussions with the North Herts Taxi Drivers Association identified some additional suggestions that were included in the policy published for consultation.

Audio Recording – 42 minutes 23 seconds

The Licensing and Community Safety Manager presented the report entitled ‘Adoption of a Taxi and Private Hire Licensing Policy’ and highlighted:

· A public consultation on this Policy, with limited responses from the taxi trade, which was due to limited complaints on the Policy.

· The policy had to be reviewed as the Government legislation had changed with two new documents recently which were considered and adopted into Policy.

· The Council had declared a climate emergency and due to the priorities for environment issues, a vehicle would not be licenced or renewed unless they complied with Euro 6 standards.

· Feedback from taxi traders led to vehicles that had been written off under specification N or S would be considered as licensable if deemed safe.

· Vehicle testing had been changed, the current policy was that a vehicle over 7 years old would need two MOTs per annum, due to the increased standards this was changed to 10 years.

· Taxis were required to take a payment by card, and there were policies in place to restrict additional charges for stopping. Due to delays with appointments with GPs, it was proposed that it would be possible for anyone on the General Medical Council register as a medical practitioner could complete a driver medical assessment.

· The Institute of Licensing published suitability guidance which had been considered when updating the policy, however the current policy was stricter.

· There was also an update regarding safeguarding to ensure driver and passenger safety.

The following Members asked questions:

· Councillor Tim Johnson

· Councillor Nigel Mason

· Councillor Sean Prendergast

· Councillor Amy Allen

· Councillor Ruth Brown

In response to questions, the Licensing and Community Safety Manager advised that:

· The cost of 6 monthly test would be the cost of an MOT, plus a £30 charge by the Council.

· It would not be unreasonable to extend the 6 monthly reviews to cars 12 years old.

· Data was not available for the average annual milage of drivers however there is a diverse trade, and not all drivers do this for a full-time job, so the milage would vary substantially.

· The wording could be changed in relation to the General Medical Council medical practitioner to restrict which roles would be able to do this.

· The 6 monthly testing was due to the high mileage as an increased safeguard.

· Paragraph 3.8 could be moved the top of the policy to promote the safeguarding work the Council was doing.

· Drug and Alcohol offences were missing from the Policy and this should be added.

· 10% of the current fleet is accessible and this was monitored so that it would not drop below 10%.

· The guidance says drivers do not need a licence if they are not making a financial benefit from the drive, therefore volunteer drivers do not need a licence.

· Private hire operators can go anywhere in the country regardless of where they are licensed..

Councillor Ruth Brown proposed and Councillor Sean Prendergast seconded.

The following Members took part in the debate:

· Councillor Nigel Mason

· Councillor Amy Allen

· Councillor Ian Albert

· Councillor Sean Prendergast

· Councillor Alistair Willoughby

The following points were raised in the debate:

· The wording in 3.5.2 change the wording, as the wording covers a range of medical professions and this should be completed by a GMC regulated Doctor.

· The wording of 2.6.2 should add that on reaching a certain mileage, an MOT would need to be undertaken before the 3 years.

· The wording in 3.9.3 should contain any drug and/or alcohol offence.

· The impact that an alcohol offence outside of driving can have on a application was important to include.

· The wording of part 3 should be moved up to be part 2 and safeguarding move to the top of that part to promote the Councils priorities.

· Safeguarding was a top priority of the Council.

As part of the debate Councillors Nigel Mason, Amy Allen and Sean Prendergast all proposed amendments to delegated authority to the Licensing and Community Safety Manager to make the amendments to the as outlined in the debate, this was added to the substantive motion by proposer Councillor Ruth Brown and Councillor Sean Prendergast Seconded.

Having been proposed and seconded and following a vote, it was: