PAPER B
Purpose:
for Decision
Committee: REGULATORY
COMMITTEE
Date: JUNE 2006
Title: RATIFICATION OF DECISION TO APPROVE HACKNEY
CARRIAGE AND PRIVATE HIRE LICENCE CONDITIONS
REPORT OF THE HEAD OF
CONSUMER PROTECTION
SUMMARY/PURPOSE
1.
To invite the Regulatory Committee to ratify its
decision to approve in principle, the Licensing Conditions for:
(a)
Hackney Carriage Proprietors;
(b)
Private Hire Vehicles;
(c)
Private Hire Operators and
(d)
Hackney Carriage/Private Hire Drivers.
BACKGROUND
2.
At a meeting of the Regulatory Committee held on Tuesday,
16 May 2006, the committee considered the adoption of Hackney Carriage and
Private Hire licence conditions, the adoption of a Convictions Policy and consideration of a paper being
submitted to Full Council in respect of Byelaws for Hackney Carriages.
3.
The Committee resolved
(i)
In the light
of the uncertainty surrounding whether the Isle of Wight Council had formally
adopted Part II of the Local Government (Miscellaneous Provisions) Act 1976,
the conditions in respect of the conditions for hackney carriage proprietors;
private hire vehicles; private hire operators and hackney carriage/private hire
drivers licences be approved in principle only, and to be brought back to the
Committee for ratification at the earliest opportunity.
(ii)
That the
policy relating to the relevance of convictions be approved.
(iii)
That a
support paper be submitted to full Council to repeal the existing byelaws and
to resolve not to create new byelaws in respect of the existing byelaws for
hackney carriages, that being dependent on the approval of the Secretary of
State for Transport to amalgamate the existing zones for hackney carriage
licensing on the Isle of Wight be approved.
4.
The uncertainty surrounding the adoption of Part II of the Local Government (Miscellaneous
Provisions) Act 1976 has now been resolved through the retrieval (from
archives) of the certified copies of the minutes of the meetings of Media
Borough Council (Appendix 1) South Wight Borough Council (Appendix 2) and the Isle
of Wight (Structural Change) Order 1994 (Background Papers). There is now no
longer any legal uncertainty and the decision made in principle may be
ratified.
CONSULTATION
5.
A public consultation on the draft conditions in respect
of hackney carriage and private hire licensing has been conducted in accordance
with the Isle of Wight Council Consultation Strategy and Good Practice Guidance
(October 2005).
6.
The consultation was considered by the Committee at
the meeting of 16 May 2006 and has not therefore, been included within this
report.
7.
Further consultation is not required.
FINANCIAL/BUDGET
IMPLICATIONS
8.
Broadly, Council expenditure on Licensing matters and specifically
those matters administered and enforced through Consumer Protection, balances
income generated from fees. This
arrangement is not expected to change by the adoption of conditions for Hackney
Carriage and Private Hire licensing.
LEGAL IMPLICATIONS
9.
Section 45 Local Government (Miscellaneous Provisions)
Act 1976 provides the authority for Isle of Wight Council to apply the
provisions of Part II of the Local Government (Miscellaneous Provisions) Act
1976.
10.
Section 41 Local Government (Miscellaneous Provisions)
Act 1976 defines a document that purports to be a copy of a resolution.
11.
Statutory Instrument 1994 No. 1210. The Isle of
Wight (Structural Change) Order 1994 Part II paragraph 3 abolishes the borough
councils of Medina and South Wight and transfers their functions to the Isle of
Wight Council.
12.
Article 8 (right to privacy and family life) and
Article 1 of the first protocol (right to peaceful enjoyment of possessions) of
the European Convention of Human Rights were considered by the committee in
deciding its resolution on 16 May 2006.
OPTIONS
13.
In respect of
conditions for Hackney Carriage Proprietors; Private Hire Vehicles; Private
Hire Operators and Hackney Carriage/Private Hire Drivers licences, that the
committee either
(a)
Ratify its
resolution to approve the licence conditions or
(b)
Reject its
resolution to approve the licence conditions.
EVALUATION/RISK MANAGEMENT
14.
It is expected that the current staffing levels in the
licensing team will be sufficient to accommodate the creation of Hackney
Carriage and Private Hire licence conditions.
APPENDICES
ATTACHED
15.
Appendix 1 Certified copy of minutes of a meeting of
Medina Borough Council held at the County Hall, Newport on 20 April 1977.
16.
Appendix 2 Certified copy of minutes of a meeting of
South Wight Borough Council held in
the Council Chamber, Town Hall, Shanklin on 1 March 1977.
BACKGROUND PAPERS
17.
Minutes of a
meeting of the Regulatory Committee held at County Hall, Newport, Isle of
Wight, on Tuesday, 16 May 2006 commencing at 4.00 pm
18.
The Isle of Wight (Structural Change) Order 1994
ADDITIONAL INFORMATION
19. None
Contact Point: David Curtis-Botting
Licensing Officer Ext 5155
ROB OWEN
Head of Consumer Protection