Licensing Committee |
28 March 2019 |
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Is the final decision on the recommendations in this report to be made at this meeting? |
No |
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Amendments to the Hackney Carriage and Private Hire Licensing Policy |
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Final Decision-Maker |
Licensing Committee |
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Lead Head of Service |
John Littlemore, Head of Housing and Community Services |
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Lead Officer/Report Author |
Lorraine Neale |
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Classification |
Non-exempt |
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Wards affected |
All |
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This report makes the following recommendation: |
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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.
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This report relates to the following Five Year Plan Key Objectives: |
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· Securing a successful economy for Maidstone Borough
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Timetable |
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Meeting |
Date |
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Licensing Committee Licensing Committee Communities Housing and Environment Committee |
28 March 2019 20 June 2019 16 July 2019 |
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Amendments to the Hackney Carriage and Private Hire Policy |
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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 |
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|
|
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