8. In order to rectify the irregularity:

(a) A notice was served on all Town and Parish Councils on 14 November 2005. (Appendix 4)

(b) An advertisement was published in the Isle of Wight County Press. The advertisement was first published on 9 December 2005 (Appendix 5

9. The Isle of Wight Council has therefore addressed the procedural irregularity by giving requisite notice.

CONSULTATION

10. The notice sent to all Town and Parish Councils on 14 November 2005 stated that comments must be received by 31 December 2005.

11. Notices published in the Isle of Wight County Press on 9 December 2005 and 16 December 2005 also stated that comments must be received by 31 December 2005.

12. Letters have been received from Shanklin Town Council and Wootton Bridge Parish Council and an e-mail from Gurnard Parish Council all of whom support the proposal for the amalgamation of hackney carriage zones. (Appendix 7)

13. The taxi trade were advised of the Council’s intention to pass the resolution and the date of this meeting (Appendix 8). A number of taxi proprietors and drivers previously gave evidence of their concerns relating to this proposal at the earlier meeting of the Regulatory Committee, held on 5 July 2005.

14. Four letters have been received from hackney carriage proprietors who oppose the amalgamation of hackney carriage zones (Appendix 9).

FINANCIAL/BUDGET IMPLICATIONS

15. 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

16. Legal Authority for this committee to take a decision on behalf of the Council concerning taxi zoning is found in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000.

17. Legal Authority for the local licensing authority to make a resolution after giving the requisite notice, is found in paragraph 25 Schedule 14 Local Government Act 1972.

18. Paragraph 25 (5) of Schedule 14 to the Local Government Act 1972 sets out the requirements in order for a local authority to give requisite notice:

“(5) the notice which is requisite for a resolution given under sub-paragraph (1) above is a notice:-

(a) Given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b) Served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.”

19. Once the Secretary of State authorises the amalgamation of hackney carriage licensing zones the decision cannot be reversed as there is no legislative provision for re-creating them.

20. The committee in deciding its resolution on 5 July 2005 considered section 17 of the Crime and Disorder Act.

21. The committee in deciding its resolution on 5 July 2005 also considered 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.

OPTIONS

22. That the committee pass a resolution to amalgamate the existing hackney carriage zones for hackney carriage licensing on the Isle of Wight and apply Section 171(4) Public Health Act 1875; and that a formal submission to this effect is presented to the SOS for approval.

23. That no action is taken and the current system of four hackney carriage zones is maintained.

EVALUATION/RISK MANAGEMENT

24. The Council has followed the advice of the Department for Transport and has complied with the legislative requirements to pass a resolution under paragraph 25 Schedule 14 Local Government Act 1972.

25. The Council has listened carefully to the views of representatives of the Isle of Wight Taxi Association in the past and as a consequence has approached the issue of taxi zoning with caution and sensitivity. Insofar as the trade is concerned this is a very important issue, principally because it has potential financial implications.

26. The Office of Fair Trading; the Government; the Department of Transport and Government Office for the South East believe that this Council should amalgamate hackney carriage zones. Failure on the Council’s part to take this step could impact on transport related grants. On the evidence provided by the Office of Fair Trading it would appear to be in the wider interest of the general public.

27. It is expected that the current staffing levels in the licensing team will be sufficient to accommodate the amalgamation of hackney carriage zones.

APPENDICES ATTACHED

28. Appendix 1 The relevant Minute of the Regulatory Committee held at County Hall on 5 July 2005 at 4:00pm

29. Appendix 2 A copy of the report sent to the Secretary of State for Transport dated 20 September 2005

30. Appendix 3 Letter from Department of Transport dated 5 October 2005

31. Appendix 4 Notice served on Town & Parish Councils dated 14 November 2005

32. Appendix 5 Notice advertised in the Isle of Wight County Press. First publication date 9 December 2005.

33. Appendix 6 Notice advertised in the Isle of Wight County Press. Publication date 16 December 2005

34. Appendix 7 Consultation response from Parish and Town Councils

35. Appendix 8 Letters served on all hackney carriage proprietors dated 18 November 2005 and 22 December 2005.

36. Appendix 9 Consultation response from hackney carriage proprietors.

BACKGROUND PAPERS

37. De-zoning and deregulation Investigation and survey results.

38. De-zoning consultation papers and responses 2002

39. List of public and hackney carriage trade consultation responses

40. Public Health Act 1875

41. Local Government Act 1972

42. Local Authorities (Functions and Responsibilities) Regulations 2000.

ADDITIONAL INFORMATION

38. None

Contact Point: David Curtis-Botting

Licensing Enforcement Officer Ext 5155

ROB OWEN

Head of Consumer Protection

APPENDIX 1

MINUTES OF A MEETING OF THE REGULATORY COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 5 JULY 2005 COMMENCING AT 4.00 PM

Present :

Mr A A Taylor (Chairman) Mr J R Adams, Mr I Bulwer, Mr G Cameron, Mr C B W Chapman, Mr M J Cunningham, Miss H Humby, Mrs M J Miller, Mr B Mosdell, Lady Pigot, Mrs S Scoccia, Mr I R Stephens (deputising for Mrs B E Foster)

Apologies :

Mrs B E Foster, Mr D Whittaker, Mr J Whittaker

Also Present (non-voting) :

Mr B E Abraham

1. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mr J R Adams declared a prejudicial interest in Minute No 2(a) Taxi Zoning and Minute 2(b) the adoption of a policy with respect to the seating capacity of wheelchair accessible Hackney Carriages, as Mr D Pritchard was a personal friend.

Mrs M J Miller declared a personal interest in Minute 2(a) Taxi Zoning, as the objector ob behalf of independent taxi proprietors lived in her ward.

Lady Pigot declared a personal interest in Minute 2(a) Taxi Zoning and Minute 2(b) the adoption of a policy with respect to the seating capacity of wheelchair accessible Hackney Carriages, as Mr D Pritchard was known to her.

2. REPORTS OF THE HEAD OF CONSUMER PROTECTION

Mr J R Adams withdrew from the meeting, thereby taking no part in the discussion or voting thereon in accordance with Minute No 1.

(a) Taxi Zoning

The Committee adjourned to read the two letters of objection and one letter of support with regard to the proposal to establish a single taxi licensing zone on the Isle of Wight, which had been received.

Upon reconvening, Members were referred to the report of the Head of Consumer Protection, which detailed the background to the longstanding proposal to reduce the current position from four taxi licensing zones, on the Island, to a single taxi licensing zone and requested approval that a formal submission to that effect be made to the Secretary of State. Particular mention was made of the Office of Fair Trading (OFT) report into the Taxi trade, which had been published in November 2003 and to the Governments response to that report, made by way of a Written Statement to Parliament in March 2004, which indicated agreement that greater clarity would be brought to the market if local authorities established a single licensing area. Members also noted the comments from the Deputy Transport Director, at the Government Office of the South East, in the letter dated 21 October 2004 to the previous leader of the Council.

In discussion, it was emphasized that the issue to be considered was dezoning only and not the deregulation of the taxi trade. Once the Secretary of State authorized dezoning on the island the decision could not be reversed. The matter also formed part of the Council’s integrated Local Transport Plan and that failure to address the issue could impact on transport related grants.

Mrs J Rounsevell, representing independent taxi proprietors on the island, addressed the Committee speaking against the proposal. Mrs Rounsevell suggested that a Working Party be established to discuss the issue and for a survey to be undertaken to ascertain the views of the taxi trade and other interested bodies. The Government was due to produce a Best Practice Guide for Local Authorities about the taxi trade and that any reform of current practice should await the publication of this document.

Mr J Quilter, a taxi proprietor, highlighted concerns of the proposal on behalf of the taxi trade with regard to a perceived reduction in taxi income; would be detrimental to those living in rural areas; that de-zoning in the area of the former South Wight Borough Council was not efficient; that the quality of service provision would decrease.

Mr J Gunter, on behalf of Hackney Carriage/Private Hire drivers, outlined objections to the proposal suggesting a status quo as the current procedure worked well to the benefit of both the taxi trade and consumers.

Following further discussion and questions by all parties, it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED :

THAT, under Section 100(A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the part of this item, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 4, of Part 1, of Schedule 12A of the Act.

Upon reconvening in public, it was indicated that the Committee had given regard to the report of the Head of Consumer Protection including appendices, the written submissions from Mr A Greenman, Mr D Pritchard and ‘Anywhere’ Taxis, the oral submissions of the Council’s Environmental Health Manager and Principal Licensing Officer, and the representatives of the taxi trade Mrs J Rounsevell, Mr J Gunter and Mr J Quilter.

The Committee felt that the removal of separate taxi zones for the Isle of Wight and replacing it with one zone would have the following benefits:

a. Taxi provision would be able to respond to any changes in the requirements of the consumer;

b. Busy town centres would be cleared quickly at peak times, which would provide better services to the public by reducing waiting times;

c. It would help to reduce any crime and disorder problems, which could arise as people wait for transport late at night;

d. Healthy competition between taxis would be encouraged by allowing taxis to trade anywhere on the island to the benefit of consumers;

e. The current practice of four zones provided an unnecessary obstacle to taxis being an efficient part of the Islands Transport Network.

The Committee thereupon