Agenda item

Purpose and Summary:

This report proposes a number of changes to the Hackney Carriage/Private Hire Licensing Policy to reflect the recommendations from the Department for Transport on a safer system of taxi and private hire vehicle licensing and other proposed changes following review by Officers and to agree a basis for consultation with the Taxi and Private Hire trades and the public.

Recommendation

It is recommended that the Licensing and Regulatory Committee;

·         considers the draft Hackney Carriage and Private Hire Licensing Policy at Annexe 1 and agrees it, with or without amendments, as a basis for consultation; and notes;

o   the Task & Finish Goup report regarding taxi and private hire licensing;’

o   the Government’s response to the Task & Finish Group report;

o   Officer comments on the Task & Finish Group outlined in the report, including in relation to the NAFN project, English language test, complaints and dealings in relation to access refusal, employment factors relevant to the fit and proper test;

·         considers the recommendation in respect of;

o   the introduction of a reduced vehicle licence rate for Ultra Low Emission Vehicles and the inclusion of a condition requiring licensees to cooperate with appropriate Officers from other licensing areas

o   an additional requirement for all drivers to subscribe to and maintain DBS update service

o   the introduction of an appropriate Privacy Notice

o   the introduction of requirements for Private Hire Operators to;

§ hold & maintain a register of all staff that have contact with the public etc;

§ be able to evidence that a basic DBS is in place for staff listed on their register; and

o   Operators being prohibited from using PCV licensed drivers the reintroduction of a vehicle age policy

o   the introduction of requirements for door signs on Private Hire vehicles

o   the setting of a date for all licensed vehicles to be electric

o   the introduction of a refusal to licence written off vehicles

o   the introduction of a condition prohibiting the use of second

o   hand tyres or tyres that are 10 years old or more;

o   the current Surrey conviction policy compared with the relevant IoL guidance

o   the proposal to allow exemptions to the window tinting policy subject to consultation with the Chair of the Licensing Committee.

·         considers the draft Hackney Carriage and Private Hire Licensing Policy at Annexe 1 and agrees it, with or without amendments, and makes proposals for consultation;

33.1     The Committee considered a report that shared the recommendations of the Department for Transport on a safer system of taxi and private hire vehicle licensing, and sought the views of the Committee on a number of proposed changes to the Taxi and Private Hire Licensing Policy 2018 – 2023.

33.2     The proposed changes to the Policy came from the Department of Transport recommendations (where these did not need to be implemented by changes in legislation); from officers; and responded to representations made by drivers and operators in the trade. Subject to the agreement of the Committee, these would be incorporated within the Council’s Taxi and Private Hire Policy to be consulted upon.

33.3     The Committee discussed the representations from drivers on relaxing the Council’s policy on window tinting, and the variation in approaches of licensing authorities across the county on this matter. It was noted that it was difficult to judge how much difference tinting levels had on safety, although there was a perception that more light transmission was safer. The Committee was sympathetic to the representations of drivers, and agreed that for the purposes of consultation the policy would propose the same approach as Spelthorne (Regulatory minimum light transmission for the windscreen (75%) and front side windows (70%); at least 22% light transmission for rear side windows; and no minimum transmission requirement for the rear windscreen).

33.4     The Committee considered the policy on the age of licensed vehicles and promoting the take-up of Ultra Low Emission (ULE) vehicles by drivers and operators. It was agreed that offering a reduction in the licensing fee for ULE vehicles would send a positive signal, up until the point when all vehicles would have to be ULE. To align with the Council’s Climate Change Emergency declaration, the Committee felt that all Waverley licensed vehicles should be ULE by 2030. A maximum age of 7 years for licensed vehicles would mean that from 2023 all newly licensed vehicles would need to be ULE.

33.5     The Committee agreed with Officer’s recommendations on other matters to include in the draft revised policy for consultation, and RESOLVED

i.              To note the Department for Transport’s report on taxi and private hire licensing; the Government’s response to the report; and Officer comments on the report in relation to the National Anti-Fraud Network project, English language testing for drivers, matters in relation to disability and accessibility, and employment matters relevant to the ‘fit and proper’ test; and

ii.             That the following areas of policy be incorporated within the Council’s Taxi and Private Hire Policy to be consulted upon:

-        a reduced vehicle licence rate (50% of the full rate) for ULE vehicles, until such time as all vehicles are ULE under the vehicle age policy (DfT recommendation 7).

-        a condition requiring licensees to co-operate with appropriate Officers from other licensing areas (DfT recommendation 9).

-        a requirement for door signs on Private Hire Vehicles (DfT recommendation 19).

-        a requirement that all drivers subscribe to the DBS update service (DfT recommendation 20).

-        a Privacy Notice covering Waverley’s use of driver and operator information, to comply with Data Protection legislation and GDPR.

-        requirements for Private Hire Operators to:

a.    Hold and maintain a register of all staff that have contact with the public, etc

b.    Be able to evidence that a basic DBS check is in place for staff listed on their register, and

c.     Prohibition on use of Passenger Carrying Vehicle (PCV) licensed drivers.

-        a vehicle age policy – from 1 April 2020, newly licensed vehicles must be under 3 years old at the date of first registration; from 1  January 2023, licensed vehicles to be no more than 7 years old.

-        refusal to licence vehicles that have been written-off for insurance purposes, for safety reasons.

-        prohibition on the use of second-hand tyres or tyres that are 10 years old or more, for safety reasons.

-        Policy on window tinting to be amended to permit Regulatory minimum light transmission for the windscreen (75%) and front side windows (70%); at least 22% light transmission for rear side windows; and no minimum transmission requirement for the rear windscreen.

33.6     The Committee noted that consultation responses would be submitted brought back to the Committee in March along with the proposed revised Taxi Licensing Policy, with the intention that it would come into effect from 1 April 2020.