Frances Darling, Senior Commissioner, will provide an overview of the Hackney Carriage and Private Hire Vehicle Licensing work and answer questions to help inform the Committee’s future work programme.

The Senior Commissioner for Public Protection, spoke on the system of licensing Private Hire Vehicles and Hackney Carriages. 

She explained that this was a significant part of the wider licensing regime delivered by the Council.

It was emphasised that the licensing process is underpinned by the Council’s Hackney Carriage and Private Hire Licensing Policy, although there was no specific legal requirement to have a Licensing Policy, in practice it was impossible to make fair and consistent decisions without one.  Whilst being aware of the need to support the trade the overriding aim of the Licensing Policy was Public Protection and in particular, the Council’s responsibility to ensure that children and vulnerable adults were protected in line with its safeguarding responsibilities.

She stated that the Policy was being reviewed and consultation had been undertaken.  If approved the new policy would come into force at the beginning of April 2015.  The scope and purpose of the proposed policy was presented to Members.  The Senior Commissioner informed Members that there remained an opportunity to influence the scope and purpose of the policy if they wished to do so.

The Members of the Strategic Licensing Committee had responsibility for giving strategic direction on licensing issues and the Licensing and Safety Sub-Committee and officers dealt with applications.  Due to a high number of applications in 2010/2011, the Strategic Licensing Committee had agreed to the creation of a panel with delegated powers given to the Licensing Manager. More complex cases were referred to the Licensing and Safety Sub-Committee.

The Senior Commissioner for Public Protection queried whether this situation should continue or whether all applications should be considered by the Licensing Sub-committee.  

Members asked for information regarding the level of information provided by the Police.  The Senior Commissioner for Public Protection explained that the Police fully supported the revised Licensing Policy.  Licensing Officers utilised all intelligence available to them on an individual, even where this would not satisfy the criteria of beyond reasonable doubt burden of proof.  The revised policy had been reworded to allow for any intelligence suggesting that the applicant was not a fit and proper person to lead to a license refusal. 

In response to a Member’s question regarding spot checks, the Senior Commissioner for Public Protection explained that the authority had the power to carry out routine assessments of vehicles and also worked with the VOSA, social security officers and police to carry out unannounced vehicle and driver checks.  These were generally undertaken on a quarterly basis and were often based on intelligence received.

A Member asked for details of how the policy ensured that drivers coming into the County from other areas had sufficient knowledge of the area they were working in and adequate language skills for communication with passengers.  The Team Manager for Operations Community Safety explained that all applicants were required to undertake a knowledge test which was written in English and interpreters were not allowed to be present during the examination.  The revised policy supported the continuation of the written test and the requirement to be able to communicate in English had been strengthened, although this had raised some equality issues. 

The Chairman welcomed the Policy’s approach in supporting safeguarding through requesting an enhanced DBS check and other intelligence on all applicants, but he expressed concern that applicants who had not been resident in the UK for a length of time may not be subject to such tests.  He was reassured that the DBS worked on a five year basis, and in cases where this could not be provided the applicant’s Embassy was contacted and a report confirming good conduct requested. 

A Member raised concerns about drivers disregarding the traffic regulations in Shrewsbury town centre.  He was advised that complaints could be dealt with under the driver’s licensing conditions but evidence would need to be obtained.  A Member commented that there may be good reason for drivers disregarding traffic regulations when carrying disabled people.

In response to a Member’s query The Team Manager for Operations Community Safety explained that there was a central licensing contact number which was answered by a Licensing Officer or they could be contacted via Customer Services. 

A Member commented that planning applications delegated to Officers were subject to targets and asked if a similar procedure existed for licensing applications.  The Senior Commissioner for Public Protection confirmed that there were no set targets and the Officer Panel dealt with the majority of straight forward applications with the more complicated or contentious ones going before Members.

Members asked for more information regarding the colour of taxis.  The Team Manager for Operations Community Safety explained that users with sight problems had asked for the distinction to be made.  The Licensing Officers perceived that the public did not comprehend the difference between private hire vehicles and hackney carriages, by specifying that hackney carriages should be black and display a roof sign would differentiate them from other vehicles and increase public confidence.  Members asked if the transition period of three years was sufficient time frame for operators; the Team Manager for Operations Community Safety accepted that it might need to be extended. 

A Member asked whether disabled access vehicles were required to be able to accommodate mobility scooters.  The Team Manager for Operations Community Safety replied that the type of wheel chair was not specified but provision would be subject to market forces and that operators were encouraged to have a range of vehicles suitable for a range of needs. 

The Chairman confirmed that the purpose the Licensing Presentation was not to diminish the role of the Strategic Licensing Committee but to add to the quality of information going to it particularly comments on the Licensing Panel. 

Members debated whether the granting of licensing applications required greater Member involvement.  It was agreed that advice should be taken from Licensing Officers as to whether greater Member involvement was required. In principle, it was agreed that where possible Officers should make the decisions where they were able to, bringing only those that could not be determined before Members. 

The Head of Public Protection asked Members to support the issue of training.  Regular training on safeguarding issues was offered to Licensing Members and only Members who had undertaken training were able to sit on the sub-committee.  Members supported that Licensing Members should be subject to continuous training.