Agenda item

Waverley Borough Council is the licensing authority for the purposes of regulating taxi and private hire services in the Borough. This report seeks approval for making arrangements between Surrey Licensing Authorities to introduce joint warranting for Licensing Officers. This will enable improved enforcement of the taxi and private hire trade across the County and improve safety within the licensed hackney carriage and private hire vehicle service operating in Surrey. 

Recommendation

The Licensing & Regulatory Committee recommends to Full Council that:

 (a)   the Council’s Taxi and Private Hire enforcement functions under the legislation set out in Appendix A are delegated to the Surrey local licensing authorities (also set out in Appendix A), in addition to retaining those functions within the Borough and to similarly receive the delegated Taxi and Private Hire enforcement functions (as set out in Appendix A) of those local authorities; and, 

(b)     the responsibility for relevant Hackney Carriage and Private Hire licensing legislation in accordance with 2.1 of the Council’s Constitution which confirms an existing delegated power to the Head of Environmental & Regulatory Services at Part I.3 of the Council’s Scheme of Delegation  (authorisation to enforce all relevant Hackney Carriage and Private Hire licensing legislation) be extended to include the authorisation of officers of other Surrey authorities participating in a Joint Warranting Scheme. 

68.1     Cllr Knowles introduced the proposal to approve Joint Warranting Arrangements between Surrey Licensing Authorities in relation to enforcement of Taxi and Private Hire regulations.

68.2     Waverley Borough Council was the Licensing Authority for the purposes of regulating Taxi and Private Hire services in the Borough. The proposed Joint Warranting Arrangements would allow Waverley’s powers for inspecting and taking action against Waverley licensed Taxi and Private Hire vehicles to be exercised by Licensing Officers of the ten other Surrey Licensing Authorities when vehicles are operating outside of Waverley. Waverley would receive reciprocal powers from the other Surrey Licensing Authorities, which would enable Waverley Licensing Officers to inspect and take action against Taxi and Private Hire vehicles licensed by other Surrey Licensing Authorities when operating in Waverley.

68.3     The proposed arrangements addressed restrictions in the Taxi and Private Hire vehicle regulations, to enable improved enforcement of the taxi and private hire trade across the County. It was an excellent example of cross border working for the benefit of public safety. As well as endorsing the proposals, the Licensing & Regulatory Committee had asked officers to report back on whether similar arrangements could be agreed with relevant Hampshire and West Sussex Licensing Authorities that border Waverley.

68.4     In response to comments from a number of Members, Cllr Knowles confirmed that whilst some aspects of Taxi and Private Hire licensing had been standardised across the county, there was more to be done is this area. However, the powers to be delegated related to legal requirements applicable to all licensed vehicles.

68.5     The Mayor moved the recommendation that the delegations for Surrey Joint Warranting be approved, which was agreed by general assent with the Mayor and Deputy Mayor abstaining and no dissent.

68.6     Council RESOLVED that:

 (a)   the Council’s Taxi and Private Hire enforcement functions under the legislation set out below are delegated to the Surrey local licensing authorities (also set out below), in addition to retaining those functions within the Borough and to similarly receive the same delegated Taxi and Private Hire enforcement functions of those local authorities; and, 

(b)    the responsibility for relevant Hackney Carriage and Private Hire licensing legislation in accordance with 2.1 of the Council’s Constitution which confirms an existing delegated power to the Head of Environmental & Regulatory Services at Part I.3 of the Council’s Scheme of Delegation  (authorisation to enforce all relevant Hackney Carriage and Private Hire licensing legislation) be extended to include the authorisation of officers of other Surrey authorities participating in a Joint Warranting Scheme. 

Functions to be delegated to the Surrey Local Licensing Authorities:

Local Government (Miscellaneous Provisions) Act 1976

·         Section 53(3)(a): Driver to produce his licence for inspection

·         Section 58: Return of identification plate or disc on revocation

·         Section 60: to suspend and revoke vehicle licences

·         Section 61: to suspend and revoke drivers’ licences

·         Section 68: fitness of private hire vehicles

·         Section 73: obstruction of authorised officer

Town and Police Clauses Act 1847

·         Section 45: prosecution for plying for hire without a licence

Road Traffic Act 1988

·         Section 143: no insurance

The Surrey Local Authorities named below have delegated (or will delegate) the same functions to Waverley Borough Council. Those authorities have also retained the ability to exercise these functions.

The Surrey Local Authorities:

·         Elmbridge Borough Council

·         Epsom and Ewell Borough Council

·         Guildford Borough Council

·         Mole Valley District Council

·         Reigate and Banstead Borough Council

·         Runnymede Borough Council

·         Spelthorne Borough Council

·         Surrey Heath Borough Council

·         Tandridge District Council

·         Woking Borough Council