Decision details

To amend the constitution to give delegated authority to the Head of Environmental Services for all matters in relation to hackney carriage, Private Hire, Vehicles, drivers, proprietors and operators.

The Committee received a report from the Environmental Health Manager regarding delegated officer decision making in respect of the Taxi Policy and update of the Council’s Constitution.

The Committee then debated the Officer’s report.

The Committee noted an error in text of the recommendation and resolved unanimously to amend it as follow:

Additional wording in bold and underlined:  

The Council has delegated its Licensing function to the Licensing Committee and further delegated authority to the Licensing Sub Committee and to Officers of the Council who will determine applications and licensing decisions in accordance with the Policy.

Any decision to refuse to grant, refuse to renew, revoke or suspend an application or any decision relating to the policy will be determined by Officers through the scheme of delegation.  The applicant will have the right of appeal to the Magistrates Court.

All decisions regarding breaches of the Enforcement Management System will be determined by the Licensing Sub Committee with a right of appeal to the Magistrates Court.

The Committee:

Resolved (unanimously):

     i.        Approved the delegated decision making process in the Hackney Carriage and Private Hire Licensing Policy as below:

The Council has delegated its Licensing function to the Licensing Committee and further delegated authority to the Licensing Sub Committee and to Officers of the Council who will determine applications and licensing decisions in accordance with the Policy.

Any decision to refuse to grant, refuse to renew, revoke or suspend an application or any decision relating to the policy will be determined by Officers through the scheme of delegations.  The applicant will have the right of appeal to the Magistrates Court.

All decisions regarding breaches of the Enforcement Management System will be determined by the Licensing Sub Committee with a right of appeal to the Magistrates Court.

If it appears that the interests of public safety require the suspension or revocation of the licence of a driver with immediate effect, the Head of Service or his/her deputy, in consultation with the Chair of Licensing has the delegated authority to make such a decision.

The driver has the right of appeal against the decision to the Magistrates Court.

    ii.     Approved the amendment of the constitution as outlined in the below:

The Council has delegated the following powers to the Head of Service:

All matters relating to Hackney Carriage, Private Hire, and Trishaw vehicles, and the drivers, proprietors and operators of those vehicles.