Meeting documents
- Meeting of Licensing Committee, Thursday, 4th April, 2019 6.30 pm (Item 6.)
Minutes:
Members were
informed of a consultation exercise undertaken by the Department for Transport
regarding Hackney Carriage and Private Hire statutory guidance. Members were
asked to approve the proposed Chiltern District Council (CDC) response to the
consultation which was at Appendix 4 to the report.
A report of the Task and Finish Group
on Taxi and Private Hire Vehicle Licensing was at Appendix 1. Members were
advised that the Task and Finish Group was formed in September 2017 and that
the membership of the Group comprised of MPs, local authority representatives
and industry experts. It was noted that the Group’s Chairman was not involved
in the Taxi and Private Hire industry in order to bring an impartial view to
matters. The government’s response to the Group’s report was at Appendix 2.
The Committee were informed that the
government first issued best practice guidance on the regulation of taxi and
private hire vehicles (PHV) in 2006, which was then amended in 2010. The
Policing and Crime Act 2017 enabled the Secretary of State for Transport to
issue further guidance on protecting users. The guidance had been put in place
to create a national minimum standard for local authorities. In February 2019,
the government launched a consultation on the statutory guidance for Licensing
Authorities on protecting users of taxi and PHVs, attached at Appendix 3.
Largely the Committee supported the officer’s
proposed responses to the consultation document, with many of the proposed
draft statutory guidance recommendations already being in line with the CDC
policy. However, the Committee commented on and proposed amendments to the
following responses:
Response 4
The response to this question should be
“yes†rather than “no commentâ€. Members felt that it should be explicitly
stated that the existing CDC structure including the use of Licensing
Sub-Committees is best practice.
Response 11
That this response be amended from
“yes†to “noâ€. Current CDC policy required a Certificate of Good Character when
an individual had spent a period of more than 3 continuous months outside the
UK within the last 3 years. It was felt that the draft statutory guidance recommendation
was impracticable for some applicants, and that the recommendation as it stood
would disadvantage applicants who could not provide the Certificate.
Note
1: M Harrold entered the meeting at 18.48.
Response 16
Members agreed that guidance for passengers
on making complaints directly to the licensing authority should be displayed in
licensed vehicles, however this should be in a more
accessible form for instance, a sticker. Members opposed a requirement for the
full guidance document to be on display in licensed vehicles. Suitable wording
to be added to the comments already made regarding the use of stickers.
Response 18
It was noted that in general there had
been no feedback with regards to drivers’ communication in the English
language.
Response 26
Members discussed at length the
recommendation asking licensing authorities to consider mandating CCTV
provision in taxis and PHVs. It was noted that current CDC policy meant that a
driver had to apply to the Council to install CCTV in their vehicle, and that
this would need to be approved by the Council. The Committee were advised that
the policy could be amended at any time with the Committee’s approval. Members
agreed that mandating CCTV provision could be considered.
Response 27
The Committee were advised that the CDC
policy contained guidance as to how the Council would compliance check these
vehicles. Further, that the Individual Vehicle Approval Certificate is a new
certificate and not referred to in legislation. Members agreed with the officer’s
proposed response to the question, and the need for more information on the
matter before an opinion could be given. Reference to be
added to the comments about the legal status of the certificates.
Response 28
It was noted that the guidance did not
include information in the case of multiple convictions or non-conviction
information. A Member raised a concern about the possibility of the guidance
becoming too comprehensive that flexibility is removed from licensing authorities
in the determining of cases. It was noted in response that including this
information within the guidance would help to clarify national guidance on
convictions and standardise practice in licensing authorities across the
country. In addition, having the information could support Member
decision-making when determining cases. Members agreed to submit the officer’s
proposed response.
RESOLVED:
1.
that the content of the Department for Transport consultation
relating to taxi and private hire licensing be noted; and
2.
that subject to changes made by the Licensing Committee,
the officer’s provisional response attached at Appendix 4 be deemed final,
approved and submitted to the Department of Transport.
Supporting documents: