Agenda item

To receive and consider the Taxi and Private Hire Draft Policy Review report.

Kieran Hinchcliffe presented the Taxi and Private Hire Review report which was set out in agenda pages 37-153.

The amendments which had been requested at the last meeting of the Committee had been incorporated into the revised document.

Rachel Lucas, Legal Advisor to the Committee highlighted some issues that still remained in the current document, as follows:

Page 88 of the agenda

·           paragraphs 1.48 and 1.49  – DVLA points were not a conviction, so the wording needed to be changed. 

Page 111 of the agenda

·           paragraph 1.65 – the law in relation to child seat belts and restraints referred to the age 12 and or taller than 135cm, so the age needed to be changed to mirror the legal position.

Page 116 of the agenda

·           Paragraph 1.19 – it should read s53 A(8)

·           Paragraph 1.21 – should read s61(2)

Page 120 of the agenda

·           Paragraph 1.9 – it should read s53 A(8)

·           Paragraph 1.11 – it should read s61 (2)

Kieran Hinchcliffe informed that the report would be amended, in line with the legal advice received.

During the discussion of the item the following comments were made:

·           Councillor Kerr pointed to:

·           Page 68 of the agenda, paragraph 3.45, and stated that this was still not sufficiently clear.  Kieran Hinchcliffe agreed to improve the wording;

·           Page 109, paragraph 1.54 – what was the reasoning behind it? Other  dress code mentions were open to interpretation.

·           Ed Shaylor agreed that the references to dress standards needed reviewing and some should be taken out;

·           Councillor Younis stated that the rules should be simple to follow and easy to implement, based on common sense.  He asked if this rules had been written by WBC or if they had been adopted from somewhere else?

·           Kieran Hinchcliffe explained that the document was based on WBC’s current policy.  A licensing lawyer had been employed to give advice on the policy.  Also, this Committee had been consulted on the content;

·           Councillor Smith pointed to page 81 of the agenda, and asked for clarification on paragraph 1.2;

·           Rachel Lucas explained that 1.2 refereed to case law that said that it was not for the Council to judge the merits of a conviction;

·           Councillor Smith asked for clarification on page 83, paragraph 1.17 – how could temperament be measured?

·           Rachel Lucas explained that, for example, if a person was called in for an interview with a licensing officer because of an allegation of misbehaviour, and this person was then aggressive or abusive towards the officer, this would be judged as the individual having a bad attitude and temperament;

·           Councillor Firmager pointed to page 81 of the agenda, and grammar mistakes in paragraphs 1.1 and 1.3, and recommended thorough proof reading;

·           Ed Shaylor confirmed that the document would be proof read before it went out to consultation;

·           Councillor Burgess noticed that the drivers were put to many tests, she asked if there were any new tests being proposed?  She also pointed to page 53, paragraph 2.7 – she stated that ‘sufficient time’ was vague and a specific timeline should be used to avoid disputes;

·           Kieran Hinchcliffe accepted the point about specifying the time.  With regards to new tests, he informed that there were no new tests in the policy.

After a robust discussion and upon being put to the vote, most members voted in favour of the recommendation, provided that the policy be revised to include the changes requested during the meeting.

RESOLVED That:

1)     The Licensing and Appeals Committee approves the revised policy, with the amendments suggested during the meeting; and

2)     Delegates to the Director of Place and Growth, in consultation with the Lead Member of the Executive, to release the revised policy for public consultation.