Meeting documents

To consider the report attached.

The Deregulation Act 2015 had introduced an amendment to the Local Government (Miscellaneous Provisions) Act 1976 which effectively changed the rules in relation to sub-contracting work outside of the controlled district, for example AVDC. Previously operators could only sub-contract bookings within the controlled district. The Deregulation Act now allowed operators to sub-contract bookings to licensed operators outside of the controlled district. The change in legislation was designed to permit operators to grow beyond the boundaries of their respective licensing authority.

The change in the law had had significant impact on the licensing services at AVDC and had resulted in a large increase in driver applications from people who did not reside in the Vale. It appeared that some operators were taking advantage of the change to legislation to circumnavigate obtaining licences in neighbouring authorities. Some had been refused a licence in their ‘home authority’ on the basis of failing a local knowledge or English language test. As AVDC did not at present have these pre-requisites for a licence, some individual applicants had obtained a licence from AVDC and were allegedly now working in their home authority.

The Law required the sub-contracted booking to be accepted in the area that the sub-contractor was licensed within. With the use of smart phones, Apps and virtual offices, this was not always easily verifiable. The fastest growing private hire provider in the UK, Uber was given as an example where customers used an App to hire a vehicle. Further details on how Uber worked had been given in the report and reported at the meeting.

With the ongoing use of new technology, the strict legal position had become ambiguous and would be subject to various interpretations until such time as the Courts decide. In the meantime some other operators were making use of the technology to take bookings and payments. This could help to provide better records for licensing authorities and operators to better manage their drivers.

However, at the moment this was proving problematical for AVDC and the neighbouring authorities. AVDC’s main concern was whether a driver was a fit and proper person to hold a licence. All applicants had to follow the same process regardless of where they lived and assessed in accordance with AVDC’s policy on criminal conduct and unacceptable behaviour. Additionally any applicant living outside the Vale was subject to a further check with their home authority to determine whether they have held a licence or been subject to any regulatory sanction. As a consequence applications from potential drivers from outside the Vale were taking a considerable time to process as neighbouring authorities were not always able to respond speedily with the information required.

The abundance of applications from outside the Vale had highlighted the need for a National database. There had been discussions with neighbouring authorities on setting up a regional database, and Members would be kept informed.

It was also suggested that Members introduce an English Language test. An example was attached as an appendix to the report. Members were also asked to consider whether a local knowledge test be introduced for applicants who lived outside the Vale. It was confirmed that a geographical knowledge test was already undertaken by all Hackney Carriage applicants, and new Private Hire applicants had to understand AVDC’s terms and conditions as part of obtaining their licence.

Officers were continuing to work with neighbouring authorities in establishing joint warranting arrangements and enforcement protocols, to ensure enforcement outside the Vale.

RESOLVED –

1.    Members noted the impact of the Deregulation Act 2015 on the Council’s Licensing Services.

2.    Members endorsed the requirement in respect of applicants who resided outside of AVDC to obtain a satisfactory check from their home authority.

3.    To introduce a functional English language test for all applicants for a Private Hire and Hackney Carriage Driver Licences.

4.      For officers to explore the introduction of a Local Knowledge Test for all applicants of a Private Hire and Hackney Carriage Driver Licences, and to bring a report back to Committee at a later date.