Meeting documents

To receive any apologies for absence.

An apology for absence was received from Councillor A D Collingwood.

To confirm the minutes of the meeting held on 17 October (previously circulated)

RESOLVED: That the minutes of the meeting of the Regulatory & Appeals Committee held on 17 October 2016 be approved as a true record and signed by the Chairman.

To receive any disclosure of disclosable pecuniary interests by Members relating to items on the agenda.  If any Member is uncertain as to whether an interest should be disclosed, he or she is asked if possible to contact the District Solicitor prior to the meeting.

Members are reminded that if they are declaring an interest, they should state the nature of that interest whether or not they are required to withdraw from the meeting. 

Councillor M Hussain (JP) declared that he would not participate in minute number 19 due to personal circumstances.

The Chairman welcomed all those present and outlined and clarified the procedure for the meeting, stating that a representative from both the Hackney Carriage trade and a representative from the private hire trade had been given prior permission to speak at the meeting for a maximum of 5 minutes each.

A report was submitted which requested that the amendments to the Hackney Carriage and Private Hire Policy and Conditions be approved and recommended to Council for adoption to become effective from 1 April 2017.

The report stated that the proposed amendments to the Hackney Carriage and Private Hire Policy had been previously considered in October 2016 and subjected to a 12 week period of consultation with current licence holders and relevant bodies along with organisations and individuals representing all sections of the community. Following the consultation which had concluded at the end of January 2017, Members were requested to reconsider the proposed amendments in the light of the comments received.

Comments which had been received from the Hackney Carriage trade following a meeting with them were attached at (Appendix A) to the report, whilst comments from the meeting with the private hire trade were attached at (Appendix B). (Appendix C) contained further comments from either individuals or companies during the consultation period.  

Details of the comments received and amendments proposed were summarised in the main body of the report.

Members were reminded that the Council was required by law to license the operation of taxis and private hire vehicles, paramount consideration being given to the safety and convenience of those travelling within the vehicles. As such Local Authorities were permitted by law to place conditions on both vehicles and drivers to ensure an improvement in service and the protection of users.

The presenting officer informed Members that the last formal review of the policy had been undertaken in 2012, with further reviews being postponed until the present time due to anticipated comprehensive changes in licensing law, as a consequence of a Law Commission report. As the report had not resulted in any significant changes it had been considered timely to now update and review the policy.

The presenting officer proceeded to elaborate on each of the issues which had been addressed by the trade. In relation to Hackney Carriages this related to four main issues, including, rear loading wheelchair accessible vehicles, age limits for wheelchair accessible vehicles, tinted windows and warnings / advisory notices.

The private hire trade had also laid out concerns relating to these issues, with additional comments being made in relation to seat requirements, knowledge tests, medical testing, use of bus lanes, door stickers, executive licence plates and advertising on licensed vehicles.  

During the presentation, the Chairman reminded a Member that anyone with a non-disclosable pecuniary interest could not participate in the meeting as it was noted that the Member attempted to speak to Mr Ali (a taxi spokesperson) during the meeting. The Legal Adviser to the Committee also clarified the position on the Members Code of Conduct.

Mr Ali addressed the meeting, covering some of the issues outlined in his submission, highlighting that the policy with regards to tinted windows was unnecessary. It was felt that any manufactured tint should be permitted, as opposed to the current requirement to allow 70% light transmission.

 Mr Rahman concurred  ...  view the full minutes text for item 19.

The Presenting officer reported that the Department for Transport had issued a briefing on 7^th February in respect of changes to the law for equal treatment of disabled taxi users.

 As from 6 April 2017 it will be illegal for taxi drivers who drive wheelchair accessible vehicles to discriminate against wheelchair users, and drivers could face fines of up to £1000 if they refused to transport wheelchair users or attempted to charge them extra as part of provisions being enacted from the Equality Act 2010. There was also the possibility that Drivers could face having their taxi or private hire vehicle licenses suspended or revoked by their licensing authority.

: From 6^th April taxi and private hire vehicle drivers would be obliged by law to:

• transport wheelchair users in their wheelchair
• provide passengers in wheelchairs with appropriate assistance
• charge wheelchair users the same as non-wheelchair users

Submission of the file on Actions taken under delegated powers since the last meeting.

The file relating to actions taken under delegated authority was circulated for information.