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The Committee received a report from the Licensing & Enforcement 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.
In response to Members’ questions the Licensing & Enforcement Manager said the following:
i.
Should an error be made, the decision could be
reviewed and or taken to a Sub-Committee for a final decision.
ii.
Confirmed that enforcement issues would always be
referred to a Sub-Committee for decision.
iii.
Delegated decisions would only apply to clear cut
issues such as: a driver failing a medical examination or the age of the
vehicle.
iv.
Any issues where there was room for discretion,
such as exceptional circumstances, would be referred to a Sub-Committee.
The Committee:
Resolved
(unanimously)
i.
Approved the delegated decision making process in
the Hackney Carriage and Private Hire Licensing Policy as outlined in the table
below.
|
Current |
Proposed |
|
|
|
|
The
Council has delegated the following powers to the Head of Service: i) Hackney Carriages, private hire vehicles and trishaws except: the
suspension of a driver’s or a vehicle licence, unless the driver or
proprietor of the vehicle, as appropriate, is informed of the right to appeal
to the Licensing Sub-Committee within 14 days and in the event of such an
appeal, the matter shall be heard within 7 days of receipt of the appeal. The
Council has delegated to the Licensing Committee, who subsequently delegated
to the Licensing Sub-Committee, the following powers relating to the
licensing of Hackney Carriages and Private Hire Vehicles, the drivers of
Hackney Carriages and Private Hire Vehicles, and the Operators of Private
Hire Vehicles: i)
To grant an application for a Licence ii)
To attach conditions to a Licence iii)
To refuse an application for the grant of a Licence iv) To refuse to
renew an existing Licence iv)
To suspend a Licence v)
To revoke a Licence |
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 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. |
ii.
Amended the constitution as outlined in the table
below:
|
Current |
Proposed
Amendment |
|
The
Council has delegated the following powers to the Head of Service: i) Hackney Carriages, private hire vehicles and trishaws except: the
suspension of a driver’s or a vehicle licence, unless the driver or
proprietor of the vehicle, as appropriate, is informed of the right to appeal
to the Licensing Sub-Committee within 14 days and in the event of such an
appeal, the matter shall be heard within 7 days of receipt of the appeal. |
The
Council has delegated the following powers to the Head of Service: i)
Hackney Carriages, private hire vehicles
and trishaws Except
for 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. |
