To adopt the revised Hackney Carriage (Taxi) and Private Hire Licensing Policy attached at Appendix B to the report. 

That the draft Hackney Carriage (Taxi) and Private Hire Licensing Policy, attached at Appendix B to the report, be ADOPTED. 

62.1          The report of the Licensing Team Leader, circulated at Pages No. 118-221, asked the Committee to adopt the draft Hackney Carriage (Taxi) and Private Hire Licensing Policy attached at Appendix B to the report.

62.2          The Lead Member for Clean and Green Environment advised that, over the past two years, there had been several reviews to update the Council’s licensing documentation with the Gloucestershire Common Standards, medical criteria and M1 vehicle standards to bring Tewkesbury Borough Council in line with the rest of the county. This most recent review set out to amend driver requirements that have not already been brought in line with the Gloucestershire Common Standards, to introduce age and emissions policies, update operator conditions and revise the current plate exemption policy.  On 15 June 2023, the Licensing Committee approved the draft policy which was then subject to a 12 week consultation during which 52 responses were received from key stakeholders and licence holders. Copies of the proposed amendments and responses were set out at Appendices A and C to the report.  The final draft before Members today had been approved by the Licensing Committee in November 2023.  The amendments proposed a change to the driver requirement that applicants must have held a Driver and Vehicle Licensing Authority (DVLA) driver’s licence for 12 months rather than the previous requirement of three years, and that all new applicants must undertake a driver assessment.  In terms of changes to the vehicle age and emissions policy, from 1 January 2024, all new and transfer vehicle licence applications must be Euro 6 compliant, including wheelchair accessible vehicles.  All existing licence holders would be given two years to bring their vehicles in line with the new policy; all licences that expired after 31 December 2025 would need to comply with the new requirements and from January 2026 all vehicle licence renewal applications would be refused if the vehicle was not Euro 6 compliant.  It was important when reviewing these changes to take into account the current climate and to do everything possible to support local business and it was recognised by both the Institute of Licensing and the Local Government Association that there was a shortage of good second hand vehicles. Bearing in mind the shortage of wheelchair accessible vehicles and the costs associated with sourcing them, following the consultation the policy had been further amended so that all renewal applications for these vehicles would be relicensed until they were 15 years of age.  Finally it was proposed that compulsory garage inspections be introduced from June 2024 with these taking place annually for vehicles under five years and every six months for older vehicles. 

62.3           A Member welcomed the proposed changes to the vehicle age and emissions policy given the climate change emergency; however, she was concerned about the potential shortage of wheelchair accessible vehicles (WAVs) and asked what was being done to encourage those type of vehicles.  She also questioned why novelty vehicles were not subject to the same limits as WAVs.  In response, the Licensing Team Leader advised that the emissions policy would be reviewed in two years in line with other local authorities in the county.  The Department for Transport published best practice guidance on WAVs and Cheltenham Borough and Gloucester City Councils had recently changed their policies in line with that.  With regard to novelty vehicles, which included limousines, the majority of their work, such as weddings and parties, was exempt from licensing law.  The Member noted there had only been 52 responses to the consultation but Ward Councillors were listed in the report as having been consulted and she raised concern that she did not recall having seen it.  The Licensing Team Leader confirmed that emails had been sent to all Members in June with separate emails also sent to Town and Parish Councils; she confirmed that a response had been received from Tewkesbury Town Council.  Other Members indicated they had also not received the consultation email and it was stated that, if Councillors did not respond to consultations in relation to their Ward, there should be a mechanism to remind them.

62.4           A Member recognised that the change requiring drivers to hold a DVLA licence for 12 months as opposed to three years was best practice but he questioned why less driving experience was seen as a positive amendment.  The Licensing Team Leader confirmed that this was in line with Department for Transport best practice and explained that all new drivers would undertake a driving assessment which was not currently required so this would introduce an additional test.  If Members wished to retain the current policy requirement for drivers to hold a licence for three years that was within their gift.  Another Member questioned how many drivers this would affect and was informed there were very few applications from drivers aged 18 with the majority of applicants tending to be from more mature people who undertook school contract work.  A Member indicated that Tewkesbury Borough Council had historically been seen as a soft touch in terms of licensing and the revised policy had been a long time coming.  The document before Members was reflective of those of the other local authorities across the county and he would be anxious of making an amendment which meant that it was once again out of line with what others were doing.  In his view, driving experience was about the number of miles behind the steering wheel rather than the number of years holding a licence and he was satisfied that, under the new policy, applicants would have to undergo a driving assessment which was preferable in terms of assessing their fitness and propriety.  He felt that this was something which could be reviewed in two years’ time when statistical information would be available regarding the impact of the change.  A Member queried whether Uber drivers were covered by the policy and was advised that Tewkesbury Borough Council had no licenced drivers with Uber; they could operate in the area but would hold a licence with another authority.  A Member understood the concern raised regarding reducing the amount of time an applicant was required to hold a DVLA licence but he would not wish for there to be any unforeseen consequences as a result of having a different policy to others in the area; ultimately, the proposed changes would reduce the length of time a driver was required to have held a DVLA licence but there would be a higher requirement of testing which would be a fairer measure in his view. 

62.5           In terms of the amount of consultation responses, a Member indicated that, in his experience, the licenced trade was very good at representing itself, particularly if it was unhappy with what was happening.  He anticipated that the issue in terms of Ward Councillors was due to the consultation taking place in June which was shortly after the Borough Council elections rather than any lack of intent from Officers.  As a Member of the Licensing Committee, this was the third time he had seen the policy which he felt would put the authority on an equal standing with others; however, he did wish to see the emissions policy reviewed along with the issue of compulsory CCTV in licensed vehicles which he was supportive of.  The Lead Member for Clean and Green Environment confirmed that CCTV was being considered by the Gloucestershire Licensing Officers Group and provided assurance that emissions would be reviewed in two years as had been stated by the Licensing Team Leader.

62.6           It was proposed, seconded and