Licensing Committee

28 March 2019

Is the final decision on the recommendations in this report to be made at this meeting?

No

 

Amendments to the Hackney Carriage and Private Hire Licensing Policy

 

Final Decision-Maker

Licensing Committee

Lead Head of Service

John Littlemore, Head of Housing and Community Services

Lead Officer/Report Author

Lorraine Neale

Classification

Non-exempt

Wards affected

All

 

 

This report makes the following recommendation:

1.   That the Licensing Committee agree a 6 week consultation on amendments to the Hackney Carriage and Private Hire Licensing Policy which came into effect 8 December 2015. This authority is required to regularly review its Taxi Licensing Policy.

2.      That once the consultation has concluded, the draft amended policy along with results and feedback from the 6 week consultation, will be reported to the Licensing Committee in June.

3. That the Head of Housing and Community Services be delegated to make any minor amendments to the Policy in consultation with the Chairman and Vice-Chairman of the Licensing Committee.

 

 

 

This report relates to the following Five Year Plan Key Objectives:

·         Securing a successful economy for Maidstone Borough

 

 

 

Timetable

Meeting

Date

Licensing Committee

Licensing Committee

Communities Housing and Environment Committee

28 March 2019

20 June 2019

16 July 2019



Amendments to the Hackney Carriage and Private Hire Policy

 

 

1.        PURPOSE OF REPORT AND EXECUTIVE SUMMARY

 

1.1    This report seeks approval from the Committee for a consultation to commence on the draft Hackney Carriage and Private Hire Licensing Policy attached at Appendix 1.

 

1.2    The draft policy outlines the decision making framework that Maidstone Borough Council will apply when exercising its responsibilities for licensing hackney carriage and private hire vehicles, drivers and operators.

 

 

2.        INTRODUCTION AND BACKGROUND

 

2.1    Maidstone Borough Council has responsibility for licensing Hackney Carriage

        and Private Hire vehicles, drivers and operators within the Borough of

        Maidstone. The existing policy was published in December 2015 and may be

        revised from time to time in keeping with the legislation.

 

2.2    The policy will remain in existence for a period of five years, during which

        time it shall be kept under review and revised as appropriate or after any

        significant legislative change.

 

2.3   It is important that the Policy document is regularly reviewed so that it remains

        current, clear and effective whilst providing the trade and public with a clear

        understanding of how Taxi and Private Hire services are administered. It will

        also ensure consistency of approach by Officers thus ensuring fairness,

        openness and consistency to the trade.

 

2.4   There have been changes made to procedures and processes since the Policy was first published and those changes have been incorporated in the draft document. Those proposed changes are set out in the table below:-

Policy Item

Current Policy

Amended/replaced

 

 

CONTENT

 

Statement of Policy about Relevant Convictions 

 

Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades

(see explanation at 3.5 )

 

Paragraph 2.2

 

-

 

Slight amendment to text to include 4th Partner Bexley

 

 

 

 

DRIVERS

 

 

 

3 .

       

 

 

 

 

 

DSA test       

 

 

 

 

Knowledge Test

 

 

 

DVLA check

 

Amendments to text  following changes to providers and procedures

 

No longer available Driving Assessment tests by alternate providers (see 3.2)No longer a written test electronic multiple choice test (see 3.6) Signed mandates no longer used online checks undertaken

 

3.2 Driving Standards

DSA & KCC replaced with new providers

 

 

 

Policy amended to list new providers and amendments made to text to reflect changes

3.5 Criminal Record

Council’s Statement of Policy

about Relevant Convictions

Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades adopted, text amended to reflect , reference to Appendix 2 which has also been amended

3.6 New Drivers

Knowledge Test

 

 

 

 

 

 

 

 

 

2 hour written test, 4 attempts allowed

 

Routes, streets, places & Byelaws for Hackney/Dual drivers

 

 

 

 

 

 

Electronic multiple choice test, 3 attempts allowed.

Now includes;-

• Generic Policy and Law

• Highway Code

• MBC Policy and Law (will   include the Byelaws for Hackney/Dual candidates)

• Places

• Routes

• Streets

• Numeracy

• Road Signs

• Safeguarding

• Compulsory Questions.

 

Amendments to text to reflect change

VEHICLES

 

 

 

4

 

 

-

Text amended to refer to the 2016 Unmet demand survey. Ford Procab agreed as a suitable Hackney carriage vehicle.

4.7 Quantity Restrictions of Vehicle Licences

2013 Unmet Demand referred to

Amended to 2016 Unmet demand survey

 

4.8 Environmental Considerations

Reference made to reduced licence fees for cleaner emissions vehicle

Paragraph removed as the cost of issuing a licence must be covered and cannot currently be subsidised.

5. OPERATORS

 

 

 

 

No clarity on Operators bases

Paragraph added to clarify that licences will only be issued to Operators with premises/address in the Borough. Grandfather rights are extended to the few that exist as long as they are renewed and are not allowed to lapse

5.3 Licence Duration 

1 year operator licences

Text amended to reflect the issue of 1,3 and 5 year licences

5.4 Fees

Charge per vehicle

Text amended to reflect fees are now dependant on duration of licence

5.8 Address from which an Operator may operate

No clarity on Operators bases

Line inserted to clarify

6.PENALTY POINTS

 

 

 

 

 

 

 

 

 

Comments made prior to the introduction of the penalty points scheme

 

Text amended to reflect the implementation of the scheme

6.1

Confirmation of issued penalty points within 10 working days

Amended to “within a reasonable time period” 10 working days is currently unrealistic for Officers

6.12

6 months

Amended to 1 year

 

7. TAXI RANKS

 

7.1. Appointed Stands

 

 

Being reviewed in 2015

 

 

Amended to ongoing

Appendix  2

 

 

 

 

 

 

 

Appendix 5d

 

 

 

 

 

 

Appendix 6

 

 

 

 

 

Appendix 9

Convictions

 

 

 

 

 

 

Appendix 9

Conduct of Driver

 

 

 

 

Appendix 10

 

 

 

 

 

Statement of Policy about Relevant Convictions 

 

 

 

 

 

No reference to plate exemption

 

 

 

 

 

Advertising on vehicles not addressed.

 

Wearing of badges for drivers not addressed

 

 

Convictions mentioned only

 

 

 

 

 

 

Condition reads “driver shall behave in a civil, polite and orderly manner”

 

 

-

Changed to refer to Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades

 

Clarification on the presentation of badges while undertaking plate exempt work

 

 

 

Clarification provided

Clarification provided

 

 

 

Cautions added, also ‘if being charged with a criminal offence and Police or other regulatory investigations’

 

 

Amended to clarify the types of unacceptable behaviour

 

 

Amendments made to the penalty points table to reflect the changes in the main body of the policy

 

 

       Other minor amendments have been made to spellings, grammar and

       broken links to the website they have not been listed in the table but can

       be seen as tracked changes in the draft document at Appendix 1

 

3.        AVAILABLE OPTIONS

 

3 1.  Agree all the amendments as detailed above, to be put out to consultation

         for 6 weeks;

3.2.   Agree to some of the amendments for consultation but leave others out; or

3.3    Reject the suggested amendments to the policy being put out to consultation

         and leave the Hackney Carriage and Private Hire Policy as it is.

3.4   That the delegation for minor amendments be agreed

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1    That the draft amended Hackney Carriage and Private Hire Policy be approved for public consultation;

 

 

5.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

(name of officer and date)

Impact on Corporate Priorities

No implications have been identified

[Head of Service or Manager]

Risk Management

No implications have been identified

[Head of Service or Manager]

Finance and other resources

The costs of administering the licensing function is recovered through the fees charged. The policy provides a clear decision making framework which

supports the delivery of an efficient and effective service

[Section 151 Officer & Finance Team]

Staffing

No implications have been identified

[Head of Service]

Legal

 

Jayne Bolas, Solicitor

Team Leader(Contentious)

 

Equality Impact Needs Assessment

An EqIA should be completed as part of this proposed change in policy to consider any areas that may impact groups with protected characteristics and identify whether any mitigating actions are required.

Equalities and Corporate Policy Officer

Environmental/Sustainable Development

No implications have been identified

[Head of Service or Manager]

Community Safety

No implications have been identified

[Head of Service or Manager]

Human Rights Act

No implications have been identified

[Head of Service or Manager]

Procurement

No implications have been identified

[Head of Service & Section 151 Officer]

 

6.        REPORT APPENDICES

 

The following documents are to be published with this report and form part of the report:

Appendix 1 – Draft Taxi Policy

 

7.        BACKGROUND PAPERS

 

None