Agenda item

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, and can include offenses such as refusing to pick up a customer with a guide dog or wheelchair. If the authority receives complaints of this nature they may prosecute the driver and subsequently review their licence, and if it is revoked the driver would not be eligible to be licenced for up to seven years. Nottingham City Council have prosecuted around seven drivers for refusing guide dogs. Safeguarding Vulnerable Passengers training is mandatory for applicants before they are granted licences, and covers their responsibilities under the Equality Act. This includes duties to provide mobility assistance and to carry guide dogs or assistance. Licence-holders can apply for an exemption certificate if they are unable to provide mobility assistance or carry guide or assistance dogs on medical grounds;

(k)  Committee Members requested clarification on the policy that an applicant that has a conviction for using a hand-held mobile phone or other hand-held device whilst driving will not be granted a licence until at least five years have elapsed since the conviction or completion of any sentence or driving ban. This would apply to those who have been convicted for the offence of using a hand-held device, which does not apply to drivers who use mobile phones or other devices attached to their window or dashboard as part of their work;

(l)  The Committee noted that the consultation received one response representing 209 drivers, but that the authority licenses around 2,100 drivers, and Members asked if this was representative or if there are improvements to be made in terms of engagement. Officers advised that the consultation was publicised with all operators, who passed it on to their drivers, and trade associations. It was publicised on the consultations section of the Council website, the Licensing team’s website, and via social media. Additionally, the Licensing team hosted an event at Meadows Community Centre for hackney carriage drivers, with around 35-40 drivers attending, and the consultation was promoted face-to-face through officers walking around the taxi ranks to reach as many people as possible;

(m)  Officers noted that there may have been few responses because most of the policies collected in the Manual are already adopted, and the only major changes (such as updating the smoking policy in the Drivers’ Code, and the timings after which licences will not normally be granted after specified offences) are in line with national standards and have been well publicised in the trade press already, so are not considered contentious;

(n)  A Committee Member asked if the consultation was released in any community languages other than English. Officers advised that the consultation was only provided in English, as a reasonable proficiency in English is a condition for obtaining a licence.

(o)  A Committee Member asked for clarity on the Disclosure and Barring Service requirements. Drivers require an enhanced DBS, while operators require a basic DBS.

Resolved:

(1)  That the Policy and Procedures Manual be approved and (save for appendices A-B and I-Q which reflect policies and procedures which are already adopted and in force) as per the revised Appendix 1 to the report and also to include a further revision in Appendix C section 5(1)(a) dealing with offences of exploitation to indicate that anyone convicted of such an offence “will normally be debarred from holding a licence”.

(2)  the Policy and Procedures Manual (save for appendices A-B and I-Q which are already adopted and in force) be implemented from 01 January 2024. The revised conditions of licence will be attached to licences issued upon initial application or renewal from this date.

(3)  Power to maintain and update the Policy and Procedures Manual to reflect any future changes to Policy or Procedure as and when they occur be delegated to the Head of Environmental Health and Public Protection and the Licensing & Policy Manager.