Agenda item

At its meeting on 16 June 2016 the Licensing Committee considered the Hackney Carriage and Private Hire Policy and RECOMMENDED TO COUNCIL that it be ADOPTED subject to the following amendments:

-        Paragraph 2.8 Security and CCTV

       There is no mandatory requirement for CCTV system in the licensed vehicles. Operators and drivers may install such equipment with prior written notification being supplied to the Council. Use of CCTV must be clearly indicated by signs in the vehicle including contact details for the system manager/operator. All such equipment and images must be operated in accordance with the Data Protection Act 1998. It is the responsibility of the driver/operator to ensure compliance. No audio, video or recording systems shall be installed or operated in the vehicle without prior written notification being supplied to the Council.

-        Appendix E, Paragraph 9

       Major traffic offences

       Isolated convictions, without disqualification, for a major traffic offence should not prevent an applicant from gaining a licence or an existing licence holder from keeping their licence but will normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire drivers.  More than one. Any conviction for a major traffic offence within the last two years would require the application, or an existing licence holder, to be referred to the Licensing Sub-Committee for a decision. No further application would normally be considered until a period of three years free from convictions has elapsed.  Where an application has been refused, or an existing licence holder suspended because of this provision, they may be required to pass the DVSA Taxi and Private Hire Assessment before the licence is granted or the suspended licence reinstated.

69.1           At its meeting on 16 June 2016 the Licensing Committee had considered the Hackney Carriage and Private Hire Driver’s Policy. The Licensing Committee had recommended to Council that it be adopted subject to the following amendments:

-     Paragraph 2.8 Security and CCTV

     There is no mandatory requirement for CCTV system in the licensed vehicles. Operators and drivers may install such equipment with prior written notification being supplied to the Council. Use of CCTV must be clearly indicated by signs in the vehicle including contact details for the system manager/operator. All such equipment and images must be operated in accordance with the Data Protection Act 1998. It is the responsibility of the driver/operator to ensure compliance. No audio, video or recording systems shall be installed or operated in the vehicle without prior written notification being supplied to the Council.

-     Appendix E, Paragraph 9

     Major traffic offences

     Isolated convictions, without disqualification, for a major traffic offence should not prevent an applicant from gaining a licence or an existing licence holder from keeping their licence but will normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire drivers.  More than one. Any conviction for a major traffic offence within the last two years would require the application, or an existing licence holder, to be referred to the Licensing Sub-Committee for a decision. No further application would normally be considered until a period of three years free from convictions has elapsed.  Where an application has been refused, or an existing licence holder suspended because of this provision, they may be required to pass the DVSA Taxi and Private Hire Assessment before the licence is granted or the suspended licence reinstated.

69.2           The report that had been considered by the Licensing Committee had been circulated with the Agenda for the current meeting at Pages No. 49-92.

69.3           In proposing the recommendation from the Committee, the Chair of the Committee advised that, following the February meeting of the Licensing Committee, a six month consultation period had been undertaken. The five responses to the consultation had been dealt with by the Committee at its meeting in June, as per the amendments which had been outlined within the Committee’s decision on the matter, and the Council was now asked to agree in line with that recommendation. The Licensing Committee Chair also felt that, once the Policy was in place, any minor amendments needed to ensure it remained in line with legislation should be delegated to the Deputy Chief Executive, the appropriate Lead Member and the Chair of the Licensing Committee to ensure it remained up to date and he so proposed. Members generally felt that this seemed a sensible approach.

69.4           During the brief discussion which ensued, a Member questioned why the vehicles could not have audio systems installed; he was of the view that this needed to be reworded so that it did not cause confusion. In response, the Environmental Health Manager confirmed that audio referred to recording in vehicles rather than radios and he undertook to look at the policy to see if this could be clarified. In terms of the tightening of the criteria which established if someone was a fit and proper person to hold a licence, the Licensing Committee Chair indicated that when applications for licences were considered, the Sub-Committee was provided with a lot of information to help it decide whether the person in question was or was not a fit and proper person and it was felt to be absolutely necessary that this process was as stringent as possible given the driver would ultimately be responsible for members of the public.

69.5           Upon being proposed and seconded, it was

                  RESOLVED          1.  That the Hackney Carriage and Private Hire Driver’s Policy                                    be ADOPTED subject to the following amendments:

-     Paragraph 2.8 Security and CCTV

     There is no mandatory requirement for CCTV system in the licensed vehicles. Operators and drivers may install such equipment with prior written notification being supplied to the Council. Use of CCTV must be clearly indicated by signs in the vehicle including contact details for the system manager/operator. All such equipment and images must be operated in accordance with the Data Protection Act 1998. It is the responsibility of the driver/operator to ensure compliance. No audio, video or recording systems (this does not include a car radio) shall be installed or operated in the vehicle without prior written notification being supplied to the Council.

-     Appendix E, Paragraph 9

     Major traffic offences

     Isolated convictions, without disqualification, for a major traffic offence should not prevent an applicant from gaining a licence or an existing licence holder from keeping their licence but will normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire drivers.  More than one. Any conviction for a major traffic offence within the last two years would require the application, or an existing licence holder, to be referred to the Licensing Sub-Committee for a decision. No further application would normally be considered until a period of three years free from convictions has elapsed.  Where an application has been refused, or an existing licence holder suspended because of this provision, they may be required to pass the DVSA Taxi and Private Hire Assessment before the licence is granted or the suspended licence reinstated.

2.    That authority be delegated to the Deputy Chief Executive, in consultation with the Lead Member and Chair of the Licensing Committee, to make any minor amendments in line with legislation.