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Decision details

Review of Hackney Carriage and Private Hire Licensing Policy

Decision Maker: Licensing Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

To consider the results of consultation undertaken, and decide if and how to amend the current policy.

Decisions:

The Committee received a report from the Team Manager (Commercial & Licensing).

 

The report advised under the powers conferred to Cambridge City Council under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976, (as amended), Cambridge City Council has responsibility for licensing Hackney Carriage, Private Hire and Dual Licence Drivers as well as vehicle proprietors and Private Hire Operators within the City.

 

The Hackney Carriage and Private Hire Licensing policy (the ‘policy’) was produced in order to provide the Council, its officers, the trade and the public with appropriate guidelines that put the Council’s licensing requirements into practice in a clear and transparent manner.

 

The current Hackney Carriage & Private Hire Licensing Policy (the ‘policy’) applies to all drivers, vehicles and operators and was last updated in October 2016.

 

Subsequent requests from the trade to revise the policy, led to the

Licensing Committee resolving to request officers go out to consult on the proposed changes to the policy.

 

The subsequent consultation has taken place, and Members were requested to review the feedback received and determine what, if any, changes should be made to the policy.

 

The Committee were advised that the:

       i.          Petitions referred to in paragraphs 3.8 and 3.9 of the Officer’s report had been removed to protect signatories personal data, but responses were summarised in Appendices E and F.

     ii.          The Police had submitted feedback expressing concern that people would access/egress Hackney Carriages from the public highway.

 

The Committee received representations from Mr Mohammed and Mr Uddin on behalf of Cambs Taxi Driver Association.

 

The representations covered the following issues:

       i.          Concerned about being liable if gave first aid or used a fire extinguisher without training. Suggested it was better not to have equipment for either use in taxis due to this.

     ii.          Asked if the upper age limit of taxis could be expanded so they could be used for longer.

   iii.          Could not afford to install CCTV or livery due to cost, and most drivers were on the minimum wage.

   iv.          Side loading wheelchair users was difficult in some areas of the city. It was difficult and costly to modify cars to be wheelchair accessible.

 

The Team Manager (Commercial & Licensing) responded:

       i.          The East of England Ambulance Service NHS Trust advised they would like first aid kits to be kept in taxis for the benefit of drivers and passengers.

     ii.          Cambridgeshire Fire and Rescue Service advised they would like fire extinguishers to be kept in taxis for the benefit of drivers and passengers.

   iii.          Garage emission testing and air quality impacts of vehicles were related to different chemicals.

   iv.          The Highways Authority did not support side loading of wheelchair users from the public highways, and also confirmed the additional space needed by rear loading vehicles in ranks.

 

The Committee heard supplementary points from Mr Mohammed and Mr Nassim:

       i.          A lot of people used rear loading vehicles.

     ii.          Suggested that public realm CCTV could be used instead of internal vehicle CCTV.

   iii.          Drivers could lose advertising revenue due to livery requirements.

 

The Team Manager (Commercial & Licensing) responded:

       i.          The acceptable age and emission levels for licensed vehicles would be reviewed in January 2018.

     ii.          Research indicated that CCTV could be installed in vehicles for £500-£700 pounds. Some local authorities required taxis to install CCTV, but some did not.

 

The Committee made the following comments in response to the report:

       i.          Requested first aid kits and fire extinguishers be kept in licensed vehicles.

     ii.          Recommended livery be implemented for Cambridge Hackney Carriages only so they could be easily identified. Users would be confident they were safe and licensed transport.

   iii.          Recommended CCTV be implemented for the safety of passengers and drivers. It could be used as evidence in case of disputes/complaints.

   iv.          Suggested that vehicle emissions rather than age should determine if vehicles were licensed. Suggested keeping to the current age limit requirement of 4 years.

    v.          Discussed the merits of side and rear loading vehicles. Recommended the taxi trade offered both types of vehicle to suit people’s access requirements.

   vi.          Expressed concern about asking drivers to purchase expensive equipment and sought ways to mitigate this eg phasing in requirements.

 

In response to Members’ questions the Team Manager (Commercial & Licensing) said the following:

       i.          Referred to the list of consultees, their responses and the consultation process summary listed in the Officer’s report (starting P151).

     ii.          Members would have to use their discretion when weighing up the statistical importance of responses from each group of consultees.

   iii.          Any taxi livery chosen should be appropriate for people with visual impairments eg colour blindness.

   iv.          Vehicle operators would be responsible for purchasing CCTV and livery (if approved). Drivers would not necessarily have to if they rented vehicles and plates.

    v.          CCTV images could not be switched off by vehicle owners, but sound could (if they wanted CCTV that was admissible as court evidence, this would have to be locked and only accessed by the licensing authority and police).

 

The Environmental Health Manager said Officers were in the process of undertaking a demand survey for Hackney Carriage vehicles. Suggested bringing a report to committee in January 2018 when more information was available regarding:

a.    Equalities Act.

b.    Demand for low emissions and electric vehicles.

c.    Identifying the type of vehicle needed in the city.

 

The Committee:

 

Members of the Licensing Committee considered the responses received in relation to the seven items subject to consultation and resolved changes be made to the Hackney Carriage & Private Hire Licensing Policy as follows:

 

       i.          Resolved (unanimously) not to remove the requirement to carry a fire extinguisher.

     ii.          Resolved (unanimously) not to remove the requirement to carry a first aid kit.

   iii.          Resolved (unanimously) not to raise the age limit for first registration of vehicles from four years.

   iv.          Resolved (by 6 votes to 5) not to require the carrying of a card payment device.

    v.          Resolved (by 10 votes to 0) the addition of a livery requirement for Hackney Carriages only (not Private Hire vehicles).

 

Resolved (unanimously) the implementation date be set out in a report to Licensing Committee in March 2018.

 

   vi.          Resolved (unanimously) to require the installation of CCTV, that it be locked and only accessed by the licensing authority and police.

 

Resolved (unanimously) the implementation date be set out in a report to Licensing Committee in March 2018.

 

Councillor Smart proposed and Councillor Abbott seconded deferring the vote on (vii) to seek information. The proposal was lost by 6 votes to 5.

 

 vii.          Resolved (by 9 votes to 0) to allow only Hackney Carriages to be rear loading wheelchair accessible vehicles.

 

Resolved (unanimously) the implementation date be set as 16 October 2017 so Hackney Carriages had the option of being side or rear loading as of this date.

Report author: Karen O'Connor

Publication date: 27/10/2017

Date of decision: 16/10/2017

Decided at meeting: 16/10/2017 - Licensing Committee

Accompanying Documents: