PAPER B 

 

Purpose: for Decision

Committee:    FULL COUNCIL

 

Date:                21 JUNE 2006

 

Title:                 REPEAL EXISTING BYELAWS WITH RESPECT TO HACKNEY CARRIAGES IN THE FORMER BOROUGHS.

 

REPORT OF THE CABINET MEMBER FOR SAFER COMMUNITIES AND FIRE AND RESCUE MODERNISATION

 

IMPLEMENTATION DATE: To be two calendar months following the date determined by the Secretary of State for Transport

 

 

___________________________________________________________________

 

SUMMARY/PURPOSE

 

1.                 To invite the Full Council to repeal the existing byelaws 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 Isle of Wight

 

BACKGROUND

 

2.                 A byelaw is a law which is made by a body, such as a local authority.  They are made under an enabling power established by an Act of Parliament, and which has been confirmed by the Secretary of State. Byelaws generally require something to be done or not to be done in a particular location and are accompanied by some criminal sanction or penalty for their non-observance.

 

3.                 Licence conditions are not laws but are rules under which the licence holder must operate. Conditions may be imposed by a local authority under an enabling power established by an Act of Parliament. They are not accompanied by a criminal sanction or penalty.

 

4.                 The regulation of hackney carriages in the Isle of Wight area is currently controlled by three regulatory tools namely byelaws; conditions imposed by the Council and by primary legislation (Acts of Parliament).  Byelaws do not apply to Private Hire Vehicles, Operators or Drivers.

 


5.                 The Isle of Wight is currently divided into four zones for hackney carriage licensing. Each zone is based on the geographic areas of the former Borough of Ryde, the former Borough of Newport, the former Urban District of Cowes and the former Borough of South Wight incorporating the Urban District of Ventnor, the former Urban District of Sandown-Shanklin and the Rural District of the Isle of Wight. Separate byelaws currently apply to each zone.

 

6.                 If byelaws are no longer necessary to address an identified nuisance then the Council may repeal them. The Council has recently adopted in principle, new licensing conditions for hackney carriage licensing and the new licensing conditions incorporate all existing byelaws with the exception of the driver’s entitlement to remuneration for delivering found property to its owner. Therefore, the current byelaws are in the whole a duplicative regulatory tool.  

 

7.                 If the Council repeals the byelaws, it is not required to create new byelaws for the single area of the Isle of Wight unless there remains an identified nuisance that cannot be adequately regulated or prohibited by an alternative method. The new licensing conditions are an appropriate and adequate alternative method of regulation.

 

8.                 The byelaws for the former Borough of Ryde, the Former Borough of Newport and the former Urban District of Cowes were made by the Medina Borough Council on 21 January 1994 and confirmed by the Secretary of State.  They came into operation on 1 January 1995. (Appendix 1)

 

9.                 There are a series of byelaws for the former South Wight Borough that were made by the former Urban District of Ventnor, the former Urban District of Sandown-Shanklin and the Rural District of the Isle of Wight and by the South Wight Borough Council. This report is in respect of all byelaws affecting hackney carriages on the island. (Appendix 2)

 

10.            The byelaws referred to in paragraph 8 and 9 above are hereinafter referred to as “existing byelaws”.

 

11.            At a meeting of the Overarching Regulatory Committee held on Tuesday 17 January 2006, the committee resolved that the existing zones for hackney carriage licensing on the Isle of Wight be amalgamated in to one zone, and that a formal submission to that effect be made to the Secretary of State for Transport.

 

12.            On 31 January 2006, a report was submitted to the Secretary of State for Transport (SOS) formally requesting approval of the resolution made by the committee on 17 January 2006. A response from the SOS is still awaited.  

 

13.            The approval of the SOS to amalgamate the zones is not a prerequisite to repeal the existing byelaws for hackney carriages. It is anticipated that the resolution will be approved. If not, the implementation of the newly produced licensing conditions will still go ahead. The licensing conditions will duplicate the existing byelaws which will not then be required (as mentioned in paragraphs 6 and 7 above). The Council will not therefore need to create new byelaws.

 

14.            The importance of the Secretary of State’s decision is therefore relevant only to the implementation and time frame for the amalgamation of zones and not to the necessity or otherwise for byelaws.

 

15.            Adoption of New Licensing Conditions

 

At a meeting of the Overarching Regulatory Committee held on Tuesday 16 May 2006, the committee considered the adoption of newly produced Hackney Carriage and Private Hire licence conditions and the adoption of a Convictions Policy in respect of drivers of hackney carriages and private hire vehicles.

 

16.            The Committee resolved

 

(i)                   To approve the conditions for hackney carriage proprietors; private hire vehicles; private hire operators and hackney carriage/private hire driver’s licences in principle only and to ratify the decision at a later date.

 

(ii)                 To approve a policy relating to the relevance of criminal convictions.

 

(iii)               That a 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.

 

17.              The Overarching Regulatory Committee will meet on Tuesday 12 June 2006 to consider ratification of its resolution. The decision of the committee will be verbally reported to Full Council.

 

18.              The proposed implementation date for new licensing conditions is two months following the notification of the decision of the SOS for the amalgamation of zones for hackney carriage licensing irrespective of whether the resolution is approved. This would allow a reasonable period of time in which to notify hackney carriage proprietors and drivers.

 

19.              If the Council resolves to repeal the existing byelaws, the proposed date to repeal the existing byelaws is the same date as in paragraph 18 above.

 

STRATEGIC CONTEXT

 

20.            The decision to repeal the existing byelaws in respect of Hackney Carriages accords with the Corporate Plan and the Environmental Health Service Plan 2006-2007.

 

21.            The decision will also contribute to driving the sustainable economic regeneration and development of the Island. This will be achieved by improving standards of and accessibility to hackney carriages.

 

CONSULTATION

 

22.            A public consultation on the byelaws and draft conditions 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).

 

23.            The consultation was considered by the Regulatory Committee at the meeting of 16 May 2006 and has not therefore, been included within this report.

 

24.            Following consultation with members of the Isle of Wight Taxi Proprietors Association; members of the Ryde Taxi Trade; comments received at the Licensing Roadshows and having had regard to the consultation responses, a number of amendments have been made to the draft conditions in line with the wishes of the consultees.

 

25.            Further consultation is not required.

 

FINANCIAL/BUDGET IMPLICATIONS

 

26.            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.

 

LEGAL IMPLICATIONS

 

27.            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. 

 

28.            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

 

29.            Option 1

(a)                To repeal all existing byelaws relating to Hackney Carriages in the Isle of Wight area as follows. This to take effect two calendar months following the notification of the decision of the SOS for the amalgamation of zones for hackney carriage licensing irrespective of whether the resolution is approved.

(b)                In the former Borough of Ryde made by the Medina Borough Council on 21 January 1994 and confirmed by the Secretary of State;

(c)                In the former Borough of Newport made by the Medina Borough Council on 21 January 1994 and confirmed by the Secretary of State;

(d)                In the former Urban District of Cowes made by the Medina Borough Council on 21 January 1994 and confirmed by the Secretary of State;

(e)                Made by the former Urban District Council of Ventnor  on 11th May 1971 and confirmed by the Secretary of State on 13th July 1971;

(f)                  Made by the Rural District Council on 13th December 1949 and confirmed by the Secretary of State on 22nd March 1950.

(g)                Made by the former Urban District Council of Sandown-Shanklin on 20th October 1948 and confirmed by the Secretary of State on 23rd December 1948.

(h)                Made by the former Urban District Council of Sandown-Shanklin on 15th May 1973 and confirmed by the Secretary of State on 24th July 1973.

(i)                   Made by the South Wight Borough Council on 25th March 1975 and confirmed by the Secretary of State on 22nd May 1975

(j)                   Made by the South Wight Borough Council on 17th February 1976 and confirmed by the Secretary of State on 2nd April 1976

 

30.              Option 2       To retain the existing byelaws in respect of Hackney Carriages.

 

31.              Option 3       To repeal the existing byelaws in respect of Hackney Carriages and resolve to consult and prepare new byelaws relating to hackney carriages for the single area of the Isle of Wight.

 

EVALUATION/RISK MANAGEMENT

 

32.            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.

 

RECOMMENDATION

 

That the Isle of Wight Council repeals all existing byelaws as detailed in option 1 above in respect of Hackney Carriages and resolve not to create new byelaws in respect of Hackney Carriages at this instance.

 

 

APPENDICES (AVAILABLE ON THE COUNCIL’S WEBSITE ONLY)

 

33.            Appendix 1      The byelaws for the former Borough of Ryde,

34.            Appendix 2      The byelaws for the former Borough the former Borough of                             Newport,

35.            Appendix 3      The byelaws for the former Urban District of Cowes,  

 

all made by Medina Borough Council on 21 January 1994 and confirmed by the Secretary of State and came into              operation on 1 January 1995.

 

36.            Appendix 4      The byelaws for the former Urban District of Ventnor,

37.            Appendix 5      The byelaws for the former Urban District of Sandown-                                     Shanklin,

38.            Appendix 6      The byelaws for the former and the Rural District of the Isle                            of Wight,

 

all made by South Wight Borough Council. 

 

BACKGROUND PAPERS

 

39.            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

 

40.            Minutes of a meeting of the Regulatory Committee held at County Hall, Newport, Isle of Wight, on Tuesday, 17 January 2006 commencing at 4.00 pm

 

41.            Minutes of a meeting of the Regulatory Committee held at County Hall, Newport, Isle of Wight, on Tuesday, 5 July 2006 commencing at 4.00 pm

 

42.            Office of the Deputy Prime Minister: Local Authority Byelaws in England: Discussion Paper. Procedures for making, confirming and enforcing Byelaws. April 2006.

 

43.            Isle of Wight Council Good Practice Guide to Consultation October 2005

 

44.            Isle of Wight Council Consultation Strategy October 2005

 

45.            Cabinet Office Regulatory Impact Unit Code of Practice on Consultation.

 

46.            Isle of Wight Council Hackney Carriage and Private Hire Licensing (Draft Conditions) Public Consultation March 2006.

 

47.            Isle of Wight Council Hackney Carriage and Private Hire Licensing (Draft Conditions) Public Consultation (Results) April 2006.

 

48.            Isle of Wight Council Report to the Secretary of State for Transport “Hackney Carriage Licensing (Amalgamation of Zones) January 2006”.

 

49.            Existing Isle of Wight Council Conditions for Hackney Carriage and Private Hire licences.

 

50.            Minutes of meeting with the Isle of Wight Taxi Proprietors Association 29 March 2006

 

51.            Disclosure of Criminal Records: Applicants for Hackney Carriage & Private Hire Vehicle Driver’s Licence (DOT Circular 2/92; HO Circular 13/92)

 

ADDITIONAL INFORMATION

 

52.            None

 

 

Contact Point:           Warren Haynes, Environmental Health Manager ( 823151

David Curtis-Botting, Licensing Officer,  ( 825155

 

 

 

 

 

Rob Owen

Head of Consumer Protection

Councillor Barry Abraham

Cabinet Member for Safer Communities and Fire and Rescue Modernisation