Meeting documents

  • Meeting of Licensing Committee, Tuesday 11th December 2018 10.00 am (Item 3.)

For Members to consider the attached report.

 

Contact officer: Simon Gallacher 01296 585083

 

Minutes:

In September 2017, the Committee had resolved that a functional English language test and knowledge test for all new and existing hackney carriage and private hire drivers be introduced, and that the Principal Licensing Officer be authorised to agree and confirm the content of the test and bring back to Committee. The English language and topographical test had also been a recommendation from the All-Party Parliamentary Group on Taxis in March 2017. Members had been advised that the test would be carried out online and hosted by a trusted third party organisation at their premises. Once the examination was passed and completed, a certificate would be provided which would then need to be submitted by the applicant along with their Application for a License for to AVDC. This was in keeping with current taxi drivers providing their proof of driving standards training.

 

Since then there had been significant restructuring and staff changes within the Licensing Service which meant the testing arrangements resolved by the Committee had not been implemented. The Service had concerns regarding the practicalities and implications of requiring roughly 3,000 drivers and new applicants to take the test. Moreover, there were serious concerns over a driver failing the test as the service would need to decide whether to suspend, refuse to renew or revoke the driver’s licence. Such a decision could be appealed against in a Magistrates Court and potential case numbers would be extremely resource intensive in terms of officer workload and resource.

 

To maintain the principle of the English language testing, it was proposed that testing be an imposed requirement on all new applicants and existing drivers where there were reasonable grounds to request it. Reasonable grounds included examples where authorised officers identified a training need through enforcement activity or substantiated complaint. It was felt that this approach would ensure standards were raised and that efforts were targeted to where it was needed, while avoiding the risk of using resources in protracted legal action. In terms of numbers, it was expected 80-100 tests would be carried out per month. The telephone test was automated and facilitated by officers in The Gateway building. The Committee report contained the various options to be explored in the delivery of the testing and an audio demonstration of the Versant telephone test was played to the Committee. For this test, each applicant was given a unique test identification number and followed instructions on various questions from Part A – E. Officers advised that drivers with relevant qualifications or certificates in English Language would be exempt from the test and that these documents were checked by officers during the application process. Officers would reserve the right to ask an applicant to carry out the test.

 

Members also heard more about an alternative approach to implementing the additional knowledge assessments for hackney carriage and private hire drivers.  Greenpenny, currently the sole company approved by the Council to carry out driver assessments, had already agreed in principle to incorporate these new arrangements within their existing procedures.  Another recognised driver assessment company, Mann Fleet Services, had also agreed to incorporate these new assessment measures.  It was proposed that  both companies be considered approved, with the advantage of providing drivers greater choice, faster testing times and potential savings through increased competition.

 

Members sought more information on the English language test and knowledge test and were advised that:-

 

      i.        English language was gauged to some extent currently through the face-to-face element of the application process officers undertook for new licenses and renewals. The proposal would keep this in place as officers facilitated the telephone-based test at the office. The test itself would be an objective way of measuring language competency and the Committee agreed with the need for standardisation particularly in light of deregulation.

     ii.        Feedback from other local authorities that use the Versant language test was positive. The Committees of these local authorities had also been complimentary of the service.

    iii.        The service would be mindful of borderline test failures and give the benefit of the doubt where appropriate. Members appreciated this given some of the accents and lexical choice heard during the audio demonstration.

   iv.        Those that fail either the language or knowledge test would likely be subject to re-taking both tests at the prescribed costs. Advice could potentially be provided to re-sitting applicants upon request.

    v.        Both test providers would have assessors available outside Aylesbury Vale to accommodate private hire applicants operating or living outside the area.  For private hire vehicle drivers, it was important that they had the skills to navigate around the area where they work, which may not necessarily be Aylesbury Vale. However, the hackney carriage driver’s test would be based on knowledge of Aylesbury Vale because of the local nature of their work. 

   vi.        The Association felt that the removal of the knowledge test previously had led to an increase in drivers and thereby devalued them. By reinstating the knowledge test, driver quality would be expected to increase.

 

RESOLVED –

 

That the Committee agree the recommended arrangements for the introduction of an English Language test and the additional knowledge tests for licensed taxi and private hire vehicles.

Supporting documents: