Agenda item

Review of the Hackney Carriage and Private Hire Licensing Conditions Handbook

Report of the Director of Built Environment

 

A copy of the draft Hackney Carriage, Private Hire and Omnibus Licensing Scheme Handbook Version 2 referred to in the report, can be accessed on the Council’s web library at:

http://modgov.sefton.gov.uk/moderngov/ecSDDisplay.aspx?NAME=SD1525&ID=1525&RPID=7263336&sch=doc&cat=13159&path=13158%2c13159

 

Minutes:

The Committee considered the report of the Director of Built Environment, advising of the outcome of the review of the Hackney Carriage and Private Hire Licensing Conditions and handbook and seeking endorsement of the proposed changes to those conditions.

 

The report indicated that changes to policy, legislation and Government guidance since the current handbook was adopted on 1 December 2008 had meant that the handbook required further updating. 

 

As such, a review had been conducted by Mr Toohey, Principal Trading Standards Officer which had involved a critical assessment of the validity of the existing pre-conditions and conditions. 

 

Mr Naisbitt, Trading Standards and Licensing Manager indicated that the review had involved an intense period of consultation with the hackney carriage and private hire trades through the Council’s established trade working groups.

 

Mr Toohey, Principal Trading Standards Officer, presented the report, explaining that the review had been carried out in an open and transparent manner with information and ideas being drawn from the Trades at the scheduled Trade liaison meetings and at dedicated ‘sub group’ meetings. The ‘sub group’ meetings had been arranged specifically to discuss potentially contentious policy issues and ensure statutory or customary requirements to consult with affected parties had been complied with.

 

The report indicated that the review highlighted that:

 

·         the handbook Version 1.1 was out of date;

·         minor inconsistencies of policy across licence types;

·         confused lines of responsibility;

·         ambiguities within the ‘Convictions’ policy;

·         overuse of complicated language;

·         unnecessary  onerus conditions; and

·         the need for a review of the Council’s Compliance Testing regime.

 

Paragraph 3 of the report outlined the following key changes:

 

·         Format of the Document - the policy and conditions  were now presented in an indexed user friendly way with key topics detailed in thematic annexes, for example the Convictions Policy.

 

·         Enhancement of the Client Charter, defining the standards of service clients should expect.

 

·         Review of the Licensing Requirements in consultation with the trade had removed ambiguity and points of contention, for example the meaning of ‘sufficient identifiers’ (Part 4 (h)).

 

·         Explanatory notes had been added where it was considered appropriate to explain the Council’s interpretation of the legislation and as a guide to the likely enforcement action that may be taken for breaches of legislation or conditions, for example ‘Part 12’.

 

The Handbook consolidated policy changes made since October 2008.

 

The new “Statement of Policy and Guidelines Relating to the Relevance of Convictions” was a significant policy change which introduced a more detailed and rigid policy in relation to sex offences and offences against the person. This was consistent with the other Merseyside Taxi Licensing Authorities.

 

The report concluded that it was proposed that policy and conditions of licence should further be reviewed following the publication of the Law Commission Review of the hackney carriage and private hire legislation and the publication of the Government’s proposals/Guidance on this matter.

 

The Principal Trading Standards Officer reminded Members of the 2 petitions relating to the issue of Fixed Penalty Notices and Advertisements on Hackney Carriage and Private Hire Vehicles, submitted by Mr Jarman, as referred to in Minute Nos 5.1 and 5.2 above and the Committee’s agreement that the appropriate amendments be incorporated in the Handbook.

 

The Trading Standards and Licensing Manager concluded by indicating that since publication of the report, the One Stop Shop Manager had requested that the proposed implementation date for the Handbook, be postponed until 1 August 2013, to provide enough time for the training of One Stop Shop staff.

 

 

RESOLVED: That

 

(1)

the results of the review of the Hackney Carriage and Private Hire Licensing Conditions be noted;

 

(2)

the agreement to incorporate changes to the handbook following consultation on the petitions submitted by Mr Jarman, indicated in Minute Nos. 5.1 and 5.2 above,  be confirmed;

 

(3)

the adoption of the revised handbook and the provisions contained therein as the Hackney Carriage and Private Hire Licensing Scheme for Sefton be endorsed;

 

(4)

the date for implementation of the revised handbook be 1 August 2013, to enable the One Stop Shop to provide appropriate staff training; and

 

(5)

Mr Toohey be thanked and commended for his hard work in carrying out the Review of the Hackney Carriage and Private Hire Licensing Conditions Handbook in consultation with the taxi trade representatives over the past 9 months.

 

Supporting documents: