Agenda and minutes

None.

Councillor Liaqat Ali declared that he is employed by a taxi operator and left the meeting for item 4, Hackney Carriage & Private Licensing Policy & Procedures Manual, item 5, Hackney Carriage Unmet Demand Survey, and item 6, Review of Age and Specification Policy Relating to Hackney Carriage and Private Hire Vehicles.

To confirm the minutes of the meeting held on 17 October 2023.

The minutes of the meeting held on 17 October 2023 were confirmed as a correct record and were signed by the Chair.

Report of Interim Director for Communities.

John Davis, Taxi Licensing Compliance Manager, presented the report regarding the Hackney Carriage & Private Hire Licensing Policy & Procedures Manual (‘the Manual’), and highlighted the following points:

(a)  The purpose of the Manual is to meet the recommendation made in July 2020 by the Department for Transport, for all licensing authorities to make available a cohesive policy and procedures document on taxi and private hire vehicle licensing;

(b)  On 27 February 2023, the Committee resolved to release the Manual for an eight-week consultation (save for appendixes A-B and I-Q, which reflect already adopted policies and procedures). The consultation was carried out between 02 March 2023 and 27 April 2023;

(c)  One consultation response was received from the App Drivers & Couriers Union (ADCU), on behalf of 209 members;

(d)  A number of matters raised in that submission were outside the scope of the consultation, including comments about the constitution of the Committee that recommended the Manual be put to consultation, and are not therefore addressed in the report;

(e)  The points considered in response to ADCU’s submission, and any changes to the Manual in response, are outlined in Appendix 2 of the public agenda pack. This includes a further condition to make it clear that where the operator is a company, partnership, or group, a basic DBS is needed for each director, partner, or individual, and not just the company, partnership, or group;

(f)  In addition to the amendments to the Manual mentioned in the report an additional paragraph has been included in the Enforcement, Convictions, and Fitness Policy (Appendix C of the Manual) regarding offences of discrimination, which is contained in the full Manual attached as a supplement to the agenda pack.

In the discussion which followed, and in response to questions from the Committee, the following points were made:

(g)  Committee Members asked for clarity as to why applicants or licence holders who are convicted of crimes of exploitation ‘will not normally’ be granted a licence, while some other offences have given time periods before which a licence will not normally be granted. Officers clarified that this does not mean the offense of exploitation is treated more leniently than those with defined time limits. The Statutory Taxi and Private Hire Vehicles Standards provide recommended time limits before which a licence will not normally be granted after conviction for various offenses, while the recommendation in relation to an applicant convicted of an offense of exploitation is to not normally grant a licence at any time;

(h)  The periods of time before which an applicant will not normally be granted a licence in the Enforcement, Convictions and Fitness Policy are aligned with the statutory guidance;

(i)  When an authority refuses to grant a licence, or suspends or revokes a licence granted previously, the applicant or licence-holder will have 21 days after the notice of refusal to lodge an appeal with the Magistrate’s Court;

(j)  The additional paragraph related to offenses of discrimination relates to offenses outlined in the Equality Act 2010,  ...  view the full minutes text for item 15.

Report of Interim Director for Communities.

John Davis, Taxi Licensing Compliance Manager, presented the report regarding the Hackney Carriage Unmet Demand Survey, and highlighted the following points:

(a)  The Council currently limits the number of hackney carriage vehicle licenses to 420. This report considers the outcome of the Unmet Demand Survey and asks the Committee to consider whether it is appropriate to maintain this limit, change the limit, or remove it. Any proposed changes would prompt a public consultation;

(b)  The first option is to retain the existing restriction at 420, and the second option is to reduce the number of licences issued to 250:

  i.  The benefits of restricting the numbers relate to managing congestion, preventing over-ranking or the formation of unofficial ranks, which would add to air quality issues experienced across the city. A restriction also helps drivers earn a living wage, especially important after may have made significant investments in purchasing compliant vehicles, and may prevent drivers working excessive hours which could affect the safety of the travelling public;

  ii.  The unmet demand survey indicated there is no unmet demand, with around 200 licenses issued. The number of licensed hackney carriages has remained around 200 in recent years due to social changes after Covid-19 and the introduction of the Age and Specification Policy;

  iii.  It is however contrary to the Department for Transport’s guidance and would need to be justified. In cases where vehicle licenses have reached their limit, they could then command a premium, often tens of thousands of pounds, though this is not currently the case in Nottingham as it has not issued all vehicle licences. It would prevent the travelling public from enjoying more competition in the taxi market;

  iv.  If a restriction is maintained, a further unmet demand survey would be required in three years’ time, with current costs in the region of £19,140 which is likely to rise.

(c)  The third option is to remove the numerical restrictions on the number of hackney carriage licences issued:

  i.  This option is in line with best practice guidance. It could potentially provide a better service for customers by increasing competition, and would let market forces dictate the number of hackney carriages without direct intervention, while the Age and Specification Policy continues to indirectly restrict the numbers of hackney carriages;

  ii.  This may be opposed by the taxi trade due to the perception of additional competition – though public safety is the primary licensing test and economic or business considerations are not relevant;

  iii.  There may be concern that the city would become flooded with more vehicles, causing congestion and pollution, though the effect would be counteracted by the Age and Specification Policy. There is a concern that drivers may have to work excessive hours which may affect passenger and driver safety.

In the discussion which followed, and in response to questions from the Committee, the following points were made:

(d)  Committee Members spoke in favour of the second option, to reduce the number of licences issued to 250. Drivers are  ...  view the full minutes text for item 16.

Report of Interim Director for Communities.

Nick Burns, Licensing and Policy Manager, presented the report regarding the Review of Age and Specification Policy Relating to Hackney Carriage and Private Hire Vehicles, and highlighted the following points:

(a)  The Committee was asked to consider proposals to amend the Council’s Age and Specification Policy, including the removal of the requirement for a minimum engine size, and to release the proposals for a four-week consultation;

(b)  The current Age and Specification Policy was adopted on 18 December 2017, and outlined various requirements to be implemented over a range of dates up to 01 January 2030. It is felt appropriate to review the Policy in light of changes in market and trade, and to reflect changes to national guidance and policy;

(c)  The government recently announced that restrictions on the sale of new petrol and diesel vehicles would be pushed back from 2030 to 2035, reducing the urgency to move the fleet to newer vehicles. It is proposed that the implementation date for requiring any vehicle being licensed for the first time as a hackney carriage or private hire to be ZEC ULEV be moved back from 01 January 2025 to 01 January 2027;

(d)  Since the adoption of the policy, a number of hackney carriage proprietors have chosen not to move over to Euro 6 and ZEC ULEV vehicles, in some cases resulting in appeals against the Council’s decision not to renew licences for non-policy compliant vehicles, which were dismissed. A number of proprietors have chosen to leave the trade or move to other licensing authorities. There has been a reduction in the number of hackney carriage licenses issued from 411 to 205, and a reduction in private hire licenses from 1850 to 1566 since December 2019;

(e)  The trade has advised that it is difficult to source compliant vehicles, due to price increases and competition. There has also been a reduction in the makes and models of compliant vehicles being manufactured;

(f)  A significant number of proprietors are choosing to license their vehicles with other licensing authorities to keep using non-compliant vehicles, and are often able to continue to lawfully come into the Council’s administrative area to trade, which can affect the Council’s ability to keep members of the public safe where other licensing authorities’ standards may not be in alignment;

(g)  A review has been carried out which seeks to address these issues while maintaining public safety and welfare. It is hoped that the proposed revisions will encourage proprietors to return or apply to the Council as licensing authority so that the majority of the fleet operating in the city is licensed by the Council, so that the Council has the ability to inspect vehicles, take appropriate enforcement action when necessary and increase public safety;

(h)  While the revised Policy applies less stringent requirements than those originally introduced, they aim to address the practicalities around current supply issues and financial climate while being consistent with guidance and without compromising passenger safety and welfare.

In the discussion which  ...  view the full minutes text for item 17.