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

 

 

SUMMARY/PURPOSE

 

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.

 

BACKGROUND

 

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.

 

CONSULTATION

 

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

 

FINANCIAL/BUDGET IMPLICATIONS

 

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.

 

LEGAL IMPLICATIONS

 

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.

 

EVALUATION/RISK MANAGEMENT

 

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.

                       

BACKGROUND PAPERS

 

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)

 

ADDITIONAL INFORMATION

 

38.       None

 

            Contact Point:            David Curtis-Botting, Licensing Officer Ext 5155

 

 

 

ROB OWEN

Head of Consumer Protection