PAPER C
Committee: FULL COUNCIL
Date : 18
MAY 2007
Title : TO CREATE A REVOKING BYELAW
WITH RESPECT TO HACKNEY CARRIAGES IN THE FORMER BOROUGHS OF NEWPORT, RYDE AND
SOUTH WIGHT AND THE FORMER URBAN DISTRICT OF COWES.
REPORT
OF THE CABINET
MEMBER FOR SAFER COMMUNITIES AND FIRE MODERNISATION
1.
To invite the Full Council to create a revoking
byelaw with respect to hackney carriages for:
(a)
The former Borough of Ryde
(b)
The former Borough of Newport
(c)
The former Urban District of Cowes
(d)
The former Borough of South Wight to include:
(i)
The former Urban District of Ventnor
(ii)
The former Urban District of Sandown-Shanklin
(iii)
The former Rural District of the
2.
At a meeting of the Council held at County
Hall on
3.
On
4.
The
(DfT) is the approving authority for the revocation of byelaws.
5.
A
response was received from DfT on Wednesday 14 August 2006 stating In the Department’s opinion the resolution made by the Isle
of Wight Council on Wednesday 19 July 2006 is not sufficient to revoke the
existing sets of byelaws with respect to hackney carriages in the former
boroughs of the Isle of Wight.
6.
The
DfT further stated that it expects any council
seeking to revoke or amend the hackney carriage byelaws in force in their
district to follow the procedure for making, sealing and advertising byelaws
set out in section 236 of the Local Government Act 1972, and to duly submit the
revoking/amending byelaw(s) to the Secretary of State for confirmation.
7.
On
8.
A response was received from DfT on
9.
If
the Council agrees to create the revoking byelaw, the proposed date to repeal
the existing byelaws is intended to take effect on a date after
10.
If
the SoS confirms the revoking byelaw no further papers will need to be
submitted to full council in respect of hackney carriage licensing subject to
the legal requirements in paragraphs 16 & 17 having been fulfilled.
STRATEGIC CONTEXT
11.
The decision to agree a revoking byelaw in
respect of Hackney Carriages accords with the Corporate Plan and the
Environmental Health Service Plan 2006-2007.
12.
The decision will also contribute to driving the
sustainable economic regeneration and development of the
13.
A public consultation on the byelaws in respect
of hackney carriage licensing has been conducted in accordance with the Isle of
Wight Council Consultation Strategy and Good Practice Guidance (October 2005). The
consultation took place between
14.
The consultation was considered by the
Regulatory Committee at the meeting of
15.
Further consultation is not required.
16.
Broadly, Council expenditure on Licensing
matters and specifically those matters administered and enforced through
Environmental Health, balances income generated from fees. This arrangement is not expected to change by
repealing the byelaws for Hackney Carriages.
17.
The creation of the revoking byelaw is subject
to the provisions of Section 236 of the Local Government Act 1972.
18.
The byelaw must be made under the common seal of
the authority and the intention of the authority to apply for its confirmation
must be advertised in a local newspaper for a period of at least one month. In
addition a copy of the byelaw must be held on deposit for one month at the offices
of the authority for inspection by the public. During this period the public
may make representations to the Secretary of State for Transport. Once the
month of deposit has expired, the council may apply to the SoS for confirmation
of the byelaw.
19.
Byelaws are subordinate legislation that is
enabled by primary legislation. As such the Council must exercise the
enforcement of the byelaws in a fair and reasonable manner. The Council’s
enforcement strategy does not require the use of the byelaws. However whilst the byelaws remain extant
there is a possibility of a person challenging the Local Authority’s failure to
enforce.
20.
There are minimal if any Human Rights
considerations in the revocation of the existing byelaws 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 Regulatory Committee in deciding its resolution on 16 May
2006.
OPTIONS
21.
Option
1
(a) To resolve to formally make the draft
revoking byelaw in relation to Hackney Carriages in the
(b) To further resolve that the byelaw be
advertised in accordance with s236 Local Government
Act 1972 and then after the period of deposit sent to the Secretary of State
for confirmation and
(c) To
resolve that the byelaw will take effect on a date agreed by the Secretary of
State for Transport.
22.
Option
2 - To make no changes to byelaws in respect of Hackney Carriages in the
23.
It is expected that the current staffing levels
in the licensing team will be sufficient to accommodate the revocation of
byelaws in respect of Hackney Carriages.
|
RECOMMENDATION To resolve to formally make
the draft revoking byelaw in respect of hackney carriages as detailed in
options 1(a); 1(b) and 1(c) above. |
APPENDICES ATTACHED
24.
Appendix 1 The draft
revoking byelaw with respect to hackney carriages on the
BACKGROUND PAPERS
25.
Minutes
of a meeting of the Full Council held at County Hall,
26.
Minutes
of a meeting of the Full Council held at County Hall,
27.
Minutes
of a meeting of the Regulatory Committee held at County Hall,
28.
Minutes
of a meeting of the Regulatory Committee held at County Hall,
29.
Minutes
of a meeting of the Regulatory Committee held at County Hall,
30.
Office
of the Deputy Prime Minister: Local Authority Byelaws in
31.
32.
33.
Cabinet Office Regulatory Impact Unit Code of
Practice on Consultation.
34.
35.
36.
37.
Existing Isle of Wight Council Conditions for
Hackney Carriage and Private Hire licences.
38.
Minutes
of meeting with the Isle of Wight Taxi Proprietors Association 29 March 2006
39.
Disclosure
of Criminal Records: Applicants for Hackney Carriage & Private Hire Vehicle
Driver’s Licence (DOT Circular 2/92; HO Circular 13/92)
40.
None
Contact Point: Warren Haynes,
Environmental
Health Manager, (: 01983 821000 ext. 6151
email: [email protected]
David
Curtis-Botting
Licensing Officer, ( 01983 821000 ext. 5155
email: [email protected]
|
STUART LOVE |
CLLR IAN WARD |
|
Director of Environment and Neighbourhoods |
|
APPENDIX 1
THE ISLE OF WIGHT COUNCIL
HACKNEY CARRIAGE BYELAWS
BYELAW
MADE UNDER SECTION 68 OF THE
TOWN POLICE CLAUSES ACT 1847, AND SECTION 171 OF THE PUBLIC HEALTH ACT 1875, BY
THE COUNCIL OF THE ISLE OF WIGHT WITH RESPECT TO HACKNEY CARRIAGES IN THE ISLE
OF WIGHT
Revocation of Hackney Carriage Byelaws
1.
The
byelaws relating to hackney carriages listed in the Schedule are hereby
revoked.
Schedule
(a) The byelaws with respect to hackney carriages in the former
Borough of Ryde made by the Medina Borough Council on
(b) the byelaws with respect to hackney carriages in the former
Borough of Newport made by the Medina Borough Council on
(c) the byelaws with respect to hackney carriages in the former
Urban District of Cowes made by the Medina Borough Council on
(d) the byelaws with respect to hackney carriages in the former
Urban District of Ventnor made by the Urban District Council of Ventnor on
(e) the
byelaws with respect to hackney carriages in the former Rural District of the
Isle of Wight made by the Rural District Council of the Isle of Wight on 13th
December 1949 and confirmed by the Secretary of State on 22nd March 1950; and
(f) the
byelaws with respect to hackney carriages in the former Urban District of
Sandown-Shanklin made by the Urban District Council of Sandown-Shanklin on
The Common Seal of the
Isle of Wight Council was
hereunto affixed the
day of
Signed:
Authorised
signatory