Report of the Transactional and Licensing Team Manager is attached, marked 5.

Contact: Mandy Beever (01743 251702)

Consideration was given to the report of the Transactional and Licensing Team Manager (copy attached to the signed minutes).  The report set out the proposed Hackney Carriage and Private Hire Licensing Policy 2019 to 2023 and highlights those matters that had led to the most significant changes.

The Transactional and Licensing Team Manager detailed the consultation process and went through the proposed amendments to the Policy as at Appendix B and explained that the recommendation took account of these changes:

Part 1 – Paragraph 1.2 bullet point 7 (top of Page 108)

Existing:

that the hallmark of the regulatory licensing regime is localism and that the local authority responsible for granting licences ought to have the authority to exercise full control over all vehicles and drivers being operated within its area.  The Council believes that the increasing prevalence of cross-border hiring is fundamentally undermining local licensing control.  Public safety is being threatened and environmental aspirations diluted in cases where drivers/vehicle proprietors ‘shop around’ to be licensed by local authorities that demand the lowest standards and then exclusively or predominantly work in an area or areas where standards are higher and licences more difficult to obtain.  As a result, the Council will give serious consideration to applying restrictions within licence conditions to restrict any perceived erosion of localism in the governance of private hire licensing.

Revised:

that the hallmark of the regulatory licensing regime is localism and that the local authority responsible for granting licences ought to have the authority to exercise full control over all vehicles and drivers being operated within its area.  The Council believes that the increasing prevalence of cross-border hiring can undermine local licensing control.  Public safety is being threatened and environmental aspirations diluted in cases where drivers/vehicle proprietors ‘shop around’ to be licensed by local authorities that demand the lowest standards and then exclusively or predominantly work in an area or areas where standards are higher and licences more difficult to obtain. 

Part 2 - Cross-border hiring (Page 115)

Existing:

2.XX      Cross-border hiring is a term used to describe a situation where private hire vehicles or hackney carriages, that are licensed by one licensing authority work wholly or predominantly in another licensing authority area.

2.17       The issue of cross-border hiring is the most acute hackney carriage and private hire licensing problem currently facing the Council. 

2.18       This situation poses a significant risk to public safety, as well as the reputation of local government as a whole.  Consequently, the Council recognises the responsibility it has to use all appropriate mechanisms and opportunities, including working with and supporting other local authorities, to protect communities outside of its immediate responsibility.

Revised:

2.XX      Cross-border hiring is a term used to describe a situation where private hire vehicles or hackney carriages, that are licensed by one licensing authority work in another licensing authority area.

2.17       (Removal of this paragraph in its entirety)

2.18       This situation poses a potential risk to public safety, as well as the reputation of local government as a whole.  Consequently, the Council recognises the responsibility it has to use all appropriate mechanisms and opportunities, including working with and supporting other local authorities, to protect communities outside of its immediate responsibility.

Part 3f - Cross-border hiring (Page 233)

Existing

3f.XX    Where an operator who is licensed by Shropshire Council knowingly makes arrangements for drivers of their fleet (who are licensed by the Council and drive vehicles that are also licensed by the Council) to exclusively or predominantly go to areas outside the administrative area of Shropshire Council, the Council will consider refusing or revoking the operator’s licence on the ground that the operator is undermining local licensing control, which threatens public safety and, where relevant, undermines other Council aspirations.

Revised: 

(Removal of this section in its entirety)

Appendix G - Taking bookings and retaining records (Page 295)

1.XX      An operator must not knowingly make arrangements for drivers of their fleet (who are licensed by the Council and drive vehicles that are also licensed by the Council) to exclusively or predominantly go to areas outside the administrative area of Shropshire Council.

Revised: 

(Removal of this condition in its entirety)

Part 3b.33, 3c.26 & 3d.34 - Emissions/Age Restrictions (Pages 142, 164 & 187)

Note to be added to the bottom of the emission/age restriction chart on each page as follows:

NB: The chart above provides information for the licensing of vehicles up to 31 March 2024 and the maximum age for a vehicle to remain licensed.  The Council does not currently intend to make any changes in the future to reduce the maximum age for a vehicle to remain licensed where a vehicle had already been licensed before 31 March 2024.  However, the Policy will be subject to continuous evaluation and, if necessary, can be formally reviewed at any time.

Appendix B - Condition 1.17 (Page 253)

Existing:

1.17       The driver MUST NOT, at any time when working as a private hire driver:

•      Make a booking on behalf of a prospective passenger (who they are not already carrying as part of a pre-booked journey), e.g. via their radio or mobile telephone.

Revised:

1.17       The driver MUST NOT, at any time when working as a private hire driver:

•   Make a booking on behalf of a prospective passenger, e.g. via their radio or mobile telephone.

In response to questions from Members, the Transactional and Licensing Team Manager explained that there were a number of factors why applications for Hackney Carriage and Private Hire licences had reduced including the introduction of policies to improve vehicles in terms of emissions and safety and the 2015 De-regulation Act.

The Chairman read out a letter from Christopher Woodrow on behalf of Shrewsbury Cars and Shrewsbury Taxis which thanked all concerned for listening to the concerns raised and those of the wider trade and, even though not every provision of the draft policy was agreed with it was recognised that that the policy was broadly fair.

The Chairman read out a letter from David Wilson on behalf of Central Taxis Limited (trading as GoCarz) and Diamond Cars which thanked the Officers for their willingness to genuinely consider other viewpoints and to make a great many changes to the various incarnations of the draft policy with the clear intention of producing a policy that is right for the trade, the public and the Council.

RESOLVED:

1.    The Committee considered all the responses submitted during the consultation period and noted the Officer’s summary as set out in Appendix A.

2.    The Committee agreed that the proposed ‘Hackney Carriage and Private Hire Policy 2019 – 2023’ as set out in Appendix B, with any necessary modifications be reported to Cabinet for further consideration and a final decision with respect to adoption and implementation.