PAPER
B
Purpose:
for Decision
Committee: REGULATORY
COMMITTEE
Date: 16 MAY 2006
Title: ADOPTION OF HACKNEY CARRIAGE AND PRIVATE
HIRE LICENCE CONDITIONS; ADOPTION OF CONVICTIONS POLICY AND CONSIDERATION OF
PAPER BEING SUBMITTED TO FULL COUNCIL IN RESPECT OF BYELAWS FOR HACKNEY
CARRIAGES.
REPORT OF THE HEAD OF
CONSUMER PROTECTION
1.
To invite the Regulatory Committee to approve the
Licensing Conditions contained in Appendices 1 to 5, for:
(a)
Hackney Carriage Proprietors;
(b)
Private Hire Vehicles;
(c)
Private Hire Operators and
(d)
Hackney Carriage/Private Hire Drivers.
2.
To invite the Regulatory Committee to adopt a policy
relating to the relevance of criminal convictions in respect of the above
licences.
3.
To invite the committee, pending the approval of the
Secretary of State for Transport to amalgamate the existing zones for hackney
carriage licensing, to support a paper being submitted to full council to
repeal the existing byelaws for hackney carriages.
4.
At a meeting of the Overarching Regulatory Committee
held on Tuesday 17 January 2006, the committee resolved that a single zone for
hackney carriage licensing on the Isle of Wight be adopted, and that a formal
submission to that effect be made to the Secretary of State for Transport.
5.
On 31 January 2006, a report was submitted to the
Secretary of State for Transport formally requesting approval of the resolution
made by the committee on 17 January 2006
6.
A response from the Secretary of State is still awaited.
7.
If the
resolution to amalgamate the existing zones for hackney carriage licensing is
approved by the Secretary of State, there will be a requirement to repeal the current
byelaws for hackney carriages. The Full Council may then resolve to either:
(a)
Create new
byelaws for the single area of the Isle of Wight or
(b)
Not to
create new byelaws for the single area of the Isle of Wight.
8.
Byelaws only
apply to hackney carriage licensing. They do not apply to Private Hire Vehicles,
Private Hire Operators or Private Hire Drivers.
9.
Byelaws are
not the only available mechanism for the regulation of hackney carriages. The rules under which hackney carriages must
currently operate are also contained in conditions which are set by the
Council.
10.
Currently,
private hire vehicles, drivers and operators must each conduct themselves under
a set of conditions that are set by the Council.
11.
Hackney
Carriages, Private Hire Vehicles, Private Hire Operators and Private Hire
Drivers can operate purely under conditions.
12.
The byelaws
for each of the four existing zones and the conditions for the Isle of Wight
Council area have not been updated since the authority 1995. At that time the
byelaws were rewritten to reflect the administrative change but continued to
exist in the new form, for each of the old districts of Cowes, Ryde, Newport
and South Wight.
13.
The
conditions were also written at that time and have not been kept under constant
review and have not been updated since.
14.
The current
conditions provide minimal guidance in some areas but do not contain agreed and
consistent criteria for the administration and enforcement of the licence and
its conditions. The conditions and rules are not currently contained within a
single, easily accessible document and as such, confusion and inconsistency can
and has occurred.
15.
The
resolution to amalgamate the existing zones for hackney carriage licensing, has
provided an opportunity to review and update all conditions in respect of
hackney carriage and private hire licensing.
16.
The approval
of the Secretary of State is not prerequisite to the creation and approval of
conditions for Hackney Carriage Proprietors; Private Hire Vehicles; Private
Hire Operators or Private Hire Drivers.
17.
The Isle of Wight
Council is legally allowed to attach conditions to hackney carriage and private
hire licences. The Council may attach any conditions that it considers are
reasonably necessary.
18.
The Isle of
Wight Council supports the view that all hackney carriages and private hire
vehicles must be easily identifiable, accessible and safe. Public safety is
paramount and the conditions placed on vehicles, drivers and operators must
reflect this.
19.
It is
intended that by standardising the existing system within a reasonable and
necessary framework of conditions that it will provide transparency and
consistency for the benefit of the hackney carriage and private hire trade, the
Council and public.
20.
A public consultation on the draft conditions, policy
in relation to convictions and knowledge test has been conducted in accordance
with the Isle of Wight Council Consultation Strategy and Good Practice Guidance
(October 2005). The consultation document was sent to all members of the
Regulatory Committee and has not therefore, been included within this report.
21.
The consultation commenced on Monday 13 March 2006 and
closed on Monday 17 April 2006.
22.
The consultation was sent to all persons on the list
of consultees (Appendix 10) and made available at the Isle of Wight Council
Licensing Section offices at Jubilee Stores, The Quay, Newport, Isle of Wight;
on-line at www.iwight.com and in all
public libraries throughout the period of consultation.
23.
Letters were sent to all Hackney Carriage Proprietors;
Private Hire Operators, Vehicle Owners and Hackney Carriage/Private Hire
Drivers (Appendix 8).
24.
Notices were published in the Isle of Wight County
Press on Friday 10 March 2006 and Friday 17 March 2006 (Appendix 9). The
notices provided information on how the public could gain access to the
consultation document and questionnaire and stated that comments must be
received in writing by 17 April 2006. The notice also provided details of
roadshows to be held by Licensing Officers to explain the proposed conditions.
25.
Roadshows were conducted at Newport Football Club, St
Georges Way, Newport on the following dates:
·
Monday 20 March 2006 2pm
·
Monday 20 march 2006 7pm
·
Wednesday 22 march 2006 8.30pm
The roadshows
were attended by members of the hackney carriage and private hire trade; the
Chairperson and Secretary of the Isle of Wight Taxi Proprietors Association and
Consultant to the IWTPA.
26.
A meeting was arranged and took place between members
of the Isle of Wight Taxi Proprietors Association and Licensing Officers on
Wednesday 29 March 2006 at Jubilee Stores. Changes to the draft conditions were
proposed by the IWTPA and as a result of the meeting the comments were accepted
and changes to the draft conditions have been implemented.
27.
A meeting was also arranged and took place between
hackney carriage drivers and proprietors from the Ryde area on Friday 31 march
2006 at Jubilee Stores. As a result of that meeting, changes have also been
made to the draft conditions.
28.
Forty Five responses to the consultation have been
received. The results are contained in Appendix 7. The report also shows the
Licensing Section comments and actions taken at the foot of each page.
29.
Following consultation with members of the Isle of
Wight Taxi Proprietors Association; members of the Ryde Taxi Trade; comments
received at the Roadshows and having had regard to the consultation responses,
a number of amendments have been made to the draft conditions.
The
consultation process has identified that there is a need for a longer
transitional period thus preventing existing licence holders from suffering any
financial hardship as a consequence of the licensing changes. It is intended
that a number of the new conditions will have effect when an existing vehicle
is exchanged for a new vehicle rather than having immediate effect. The
conditions will then apply to the new vehicle.
It is
accepted that some vehicles will be due for exchange sooner than others due to
a variety of factors such as mechanical condition, age, physical condition but
each application will be treated purely on its individual merits.
The
conditions in respect of new applications will take effect immediately.
30.
The amendments that have resulted from the consultation
on the draft conditions for a Hackney Carriage Proprietors Licence are as
follows:
(a)
Condition 6.9 Wheels
(b)
Condition 7.6 Wheelchair
Accessibility
(c)
Condition 7.7 Age
(d)
Condition 7.8 Colour
(e)
Condition 7.10
Doors
(f)
Condition 7.11 Wheels
(g)
Condition 7.14 Tinted
Windows
(h)
Condition 10.3 (o)(2)(d) Signs
(i)
Condition 10.3 (o) (2)(f) Signs
(j)
Condition 10.3 (o) (2)(n) Signs
(k)
Condition 10.3 (o) (2)(o) Signs
(l)
Condition 10.3 (o) (2)(q) Signs
(m)
Condition 10.5(b) Fire
Extinguisher
(n)
Condition 10.8(a)(3) Taximeter
(o)
Condition 10.11 Driver
Identity Badge
(p)
Condition 10.18 (1) (b) Appearance of Drivers
(q)
Condition 10.21 Responsibilities
and Conduct
(r)
Condition 19 Data
Protection
31.
There are no amendments to the draft conditions for a
Private Hire Operators Licence.
32.
The amendments that have resulted from the
consultation on the draft conditions for a Private Hire Vehicle Licence are as
follows:
(a)
Condition 6.9 Wheels
(b)
Condition 6.12 Tinted
Windows
(c)
Condition 7.7 Age
(d)
Condition 7.8 Colour
(e)
Condition 7.9 Wheels
(f)
Condition 10.4(m) 6,7,8
Seat Vehicles
(g)
Condition 10.4(o) Roof
signs
(h)
Condition 10.4(p) Roof
signs
(i)
Condition 10.6 Fire
Extinguisher
(j)
Condition 10.11 Driver
Identity Badge
(k)
Condition 10.12 Documents
(l)
Condition 10.18 Appearance
of Drivers
(m)
Condition 10.21(f) Responsibilities
and Conduct
(n)
Condition 13 (added) Enforcement
(o)
Condition 14 (added) Data
Protection
33.
The amendments that have resulted from the
consultation on the draft conditions for a Hackney carriage and Private Hire
Drivers Licence are as follows:
(a)
Condition 9.10 Appearance
(b)
Condition 9.17(1) Badges
and Licence
(c)
Condition 10.4(o)(2)(c) Signs
(d)
Condition 10.4(o)(2)(l) Signs
(e)
Condition 11 (added) Enforcement
(f)
Condition 12 (added) Data
Protection
34.
There are no amendments to the draft Policy relating to
the Relevance of Convictions.
35.
The amendments that have resulted from the
consultation on the draft knowledge test are as follows:
(a)
Section C
36.
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 virtue of the amalgamation of hackney
carriage zones.
37.
Town Police Clauses Act 1847 provides the authority to
licence hackney carriages.
38.
Section 47(1) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority for Isle of Wight Council to attach
conditions that it may consider to be reasonably necessary, to the grant of a
hackney carriage licence.
39.
Section 47(2) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority for Isle of Wight Council to
prescribe the design or appearance of a hackney carriage and may include
distinguishing marks that identify the vehicle as a hackney carriage.
40.
Section 48(1) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority that the Isle of Wight council must
be satisfied that the vehicle is suitable in type, size and design for use as a
private hire vehicle; does not give the appearance of being a hackney carriage
and is in a suitable mechanical condition; safe and comfortable.
41.
Section 48(2) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority for Isle of Wight Council to attach
conditions that it may consider to be reasonably necessary, to the grant of a
private hire vehicle licence.
42.
Section 51(1) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority for Isle of Wight Council to be
satisfied prior to the grant of a private hire driver’s licence, that the
applicant is a fit and proper person to hold such a licence.
43.
Section 51(2) Local Government (Miscellaneous Provisions)
Act 1976 provides the authority for Isle of Wight Council to attach conditions
that it may consider to be reasonably necessary, to the grant of a private hire
driver’s licence.
44.
Section 55(1) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority for Isle of Wight Council to be
satisfied prior to the grant of a private hire operator’s licence, that the
applicant is a fit and proper person to hold such a licence.
45.
Section 55(3) Local Government (Miscellaneous
Provisions) Act 1976 provides the authority for Isle of Wight Council to attach
conditions that it may consider to be reasonably necessary, to the grant of a
private hire operator’s licence.
46.
Once the Disability Discrimination Act 1995 Part V is
in force, the Council will be unable to grant a licence for a hackney carriage
unless it conforms to the taxi accessibility requirements.
47.
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. Article 8 is relevant
in this case as the committee must balance the rights of the applicant to run
their business as they wish, with the rights of the public to be protected and
transported safely. A licence is viewed as a possession thus making article 1
relevant in this case.
The
Council acknowledges the right of businesses within its area to operate, but
equally acknowledges the need for regulation of those businesses in the
interests of public safety. The
Licensing Authority needs to be clear as to the rights afforded by the Human
Rights Act and the need to ensure that the reasons given clearly justify that
the interference is necessary and proportionate and in accordance with the
Council’s legitimate aim of promoting public safety.
OPTIONS
48.
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
Option
1
(a)
Approve the
proposed conditions as submitted and
(b)
Prescribe a
date for the implementation of the new conditions or
Option 2
(a) Amend the proposed conditions as
submitted and then approve the amended conditions and
(b) Prescribe
a date for the implementation of the new conditions or
Option 3
(a) Retain the existing conditions.
49.
In respect of the policy relating to the relevance of
convictions, that the committee either:
Option 1
(a)
Approve the proposed policy as submitted and
(b)
Prescribe a date for the implementation of the new
policy or
Option 2
(a) Amend the proposed policy and then
approve the amended policy and
(b) Prescribe a date for the implementation
of the new policy or
Option 3
(a) Retain
the existing policy.
50.
In respect of the existing byelaws for hackney
carriages, that dependent on approval of the Secretary of State for Transport
to amalgamate the existing zones for hackney carriage licensing on the Isle of
Wight, the committee either:
Option 1
(a)
Resolve to support a paper being submitted to full
council to repeal the existing byelaws and to resolve not to create new byelaws
or
Option 2
(a) Resolve not to support a paper being
submitted to full council to repeal the existing byelaws.
51.
In producing
the draft conditions for hackney carriage and private hire licensing, the
Council has had regard to the Department for Transport Taxi and Private Hire Licensing:
Draft Best Practice Guidance and the National Association of Licensing
and Enforcement Officers Model Standard for Taxi and Private Hire
Licensing 2004.
52.
The Council
has listened carefully to the views of representatives of the Isle of Wight Taxi
Proprietors Association; the views of members of the hackney carriage and
private hire trade in Ryde and members of the trade and public in general. As a
consequence the council has approached the issue of licence conditions with
caution and sensitivity. Insofar as the
trade is concerned this is a very important issue, principally because it has
potential financial implications.
53.
The Council has had regard to the Isle of Wight
Council Good Practice Guide to Consultation October 2005 and Isle of Wight Council
Consultation Strategy October 2005.
54.
The Council has had regard to the Cabinet Office Code
of Practice on Consultation. The Cabinet office encourages local authorities to
follow the code as part of the policy making process. The code suggests a 12 week
consultation period but recognises that it may be appropriate for the
consultation period to be less.
55.
The proposed conditions for hackney carriage and
private hire will amalgamate existing byelaws; existing conditions and primary
and secondary legislation into one document. The new additional conditions
account for only a small percentage of changes to the current system. In
addition, the committee is requested to comment on conditions for licensing and
not create a policy. For these reasons the chosen period for this consultation
is considered to be appropriate and has allowed sufficient time for
consideration and response.
56.
Correspondence has been received from Mr John Murphy
(Licensing Consultant) on behalf of the Isle of Wight Taxi Proprietors Association.
(Appendix 11) The e-mail expresses dissatisfaction in respect of the conduct of
the consultation.
57.
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
58.
Appendix
1 Proposed Conditions for hackney
carriage proprietors licence.
59.
Appendix 2 Proposed Conditions for private hire
operator’s licence.
60.
Appendix 3 Proposed Conditions for private hire vehicle
licence.
61.
Appendix
4 Proposed Conditions for hackney
carriage & private hire driver’s
licence.
62.
Appendix
5 Proposed policy relating to the
relevance of convictions
63.
Appendix
6 Proposed knowledge test
64.
Appendix
7 Consultation responses.
65.
Appendix 8 Letter to all Hackney Carriage Proprietors,
Drivers and Private Hire Operators dated 11 March 2006
66.
Appendix
9 Notice advertised in the Isle of
Wight County Press. Publication dates
10 March 2006 and 17 March 2006.
67.
Appendix
10 List of Consultees
68.
Appendix
11 Correspondence from Consultant to
IWTPA.
69.
Isle of Wight Council Good Practice Guide to
Consultation October 2005
70.
Isle of Wight Council Consultation Strategy October
2005
71.
Cabinet Office Regulatory Impact Unit Code of Practice
on Consultation.
72.
Isle of Wight Council Hackney Carriage and Private
Hire Licensing (Draft Conditions) Public Consultation March 2006.
73.
Isle of Wight Council Report to the Secretary of State
for Transport “Hackney Carriage Licensing (Amalgamation of Zones) January
2006”.
74.
Correspondence with Licensing Consultant.
75.
Existing Conditions for hackney carriage and private
hire licences.
76.
Executive
Committee Meeting Minutes 29 January 2002
77.
Minutes of
meeting with IWTPA 29 March 2006
78.
Regulatory
Committee Meeting Minutes 5 July 2005
79.
Disclosure
of Criminal Records: Applicants for Hackney Carriage & Private Hire Vehicle
Driver’s Licence (DOT Circular 2/92; HO Circular 13/92)
38. None
Contact Point: David
Curtis-Botting, Licensing Officer Ext 5155
ROB OWEN
Head of Consumer Protection