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MAIDSTONE BOROUGH COUNCIL

LICENSING COMMITTEE

05 SEPTEMBER 2012

REPORT OF HEAD OF DEMOCRATIC SERVICES

Report prepared by Neil Harris 

1.           LAW COMMISSION CONSULTATION PAPER ON REFORMING THE LAW OF TAXI AND PRIVATE HIRE SERVICES

1.1        Issue for Decision

1.1.1   To consider a proposed response to the Law Commission consultation paper on reforming the law of taxi and private hire services.

1.2        Recommendation of Head of Democratic Services

1.2.1   That the draft response attached as an Appendix to the report be approved for submission to the Law Commission in response to the consultation paper on reforming the law of taxi and private hire services.

1.3        Reasons for Recommendation

1.3.1   A consultation paper looking at reforming the law of Taxi and Private Hire Services has been issued by the Law Commission seeking views on a number of questions regarding the issues raised in the paper. A copy of the consultation paper has been circulated to Members previously. At their meeting on 21, June 2012 Members were informed of the consultation and noted that a detailed proposed response was to be prepared and reported to a future meeting for approval and submission prior to the 10, September 2012 closing date.

1.3.2   A draft response has been prepared to the questions set out within the consultation paper and a copy of those questions together with the proposed responses is attached as an Appendix.

1.3.3   The draft response indicates that we are mainly in support of the proposals. However, explanations have been provided in some areas e.g. in relation to wheelchair accessible vehicles as taxis and the use of the word “taxi” in advertising. Disagreement with proposals relates mainly to; not requiring vehicles to return to area on completion of a journey,(42) and Licensing Authorities no longer having power to restrict taxi numbers, (54).

1.4        Alternative Action and why not Recommended

1.4.1   The Committee could decide not to respond but to not do so would mean that the Council had missed an opportunity to comment on potential Government legislation that will have implications for the Council and its residents.

1.5        Impact on Corporate Objectives

1.5.1   The proposed response sets out the position the Council is seeking to achieve to support the Council’s strategic priorities.

1.6        Risk Management

1.6.1   There are no significant risk management issues.

1.7        Other Implications

1.7.1    

1.7.2   Legal implications are dealt with in the body of the report. 

1.8        Relevant Documents

1.8.1   Appendices

1.8.2   Appendix.

1.8.3   Background Documents

1.8.4   None.

IS THIS A KEY DECISION REPORT? X     Yes                                               No     If yes, when did it first appear in the Forward Plan?   ..     This is a Key Decision because: ..   .       Wards/Parishes affected: ..   ..