Agenda item

To consider the Operational Services Report No. OS2310 (copy attached) which seeks approval for some amendments to the Scheme of Delegation in respect of taxi and private hire licensing and associated hearing arrangements.

The Committee considered the Executive Head of Operations Report No. OS2310, which proposed an amendment to the Scheme of Delegation in respect of Taxi Licensing Hearings.

It was noted that the Council’s Scheme of Delegation currently stated that, where the Executive Head of Operations or Delegated Officer was minded to refuse or revoke a licence for a private hire operator or a hackney carriage and/or private hire driver, the case be referred to the Committee for a decision.    It was proposed that the Scheme of Delegation should be amended to ensure expediency of decision making in accordance with the Council’s Taxi Licensing Policy, the best use of resources, and that the contentious and most appropriate decisions were referred to a taxi licensing hearing.  For this purpose, it was recommended that the Scheme of Delegation should be amended to read:

“Where the Executive Head of Operations (or delegated officer) proposes to refuse or revoke a licence for a private hire operator or a hackney carriage and/or private hire driver, the matter shall be referred to a taxi licensing hearing for decision in the following circumstances:

·         The proposed decision would not be in accordance with the Council’s Taxi Licensing Policy and is not deemed urgent on public safety grounds;

·         The Executive Head of Operations (or delegated officer) considers it appropriate in a particular case (e.g. it is a contentious matter)

Decisions by the Executive Head of Operations (or delegated officer) to suspend, refuse or revoke a licence for a private taxi hire operator or a hackney carriage and/or private hire driver, which are in accordance with the Council’s Taxi Licensing Policy and not deemed urgent on public safety grounds, shall be made in consultation with the Chairman of the Corporate Governance, Audit and Standards Committee.”

It was advised that, in urgent cases, the current delegated powers to officers should remain in place, in accordance with Department for Transport guidance, to allow for expedient decisions to be made where appropriate.

The Committee was advised that officers were mindful of the implication of resourcing for hearings and the importance of objectivity in decision making and were of the feeling that the proposed amendments should assist with this. 

RESOLVED:  That approval be given to

(i)        the amendment of the Scheme of Delegation as set out in Part 3, Section 4, Para. 4.5.3 of the Constitution (taxi and private hire licensing and associated licensing arrangements), as follows:

“Where the Executive Head of Operations (or delegated officer) proposes to refuse or revoke a licence for a private hire operator or a hackney carriage and/or private hire driver, the matter shall be referred to a taxi licensing hearing for decision in the following circumstances:

·                The proposed decision would not be in accordance with the Council’s Taxi Licensing Policy and is not deemed urgent on public safety grounds;

·                The Executive Head of Operations (or delegated officer) considers it appropriate in a particular case (e.g. it is a contentious matter); and

(ii)       the addition of a further paragraph as Para. 4.5.4 as follows:

“Decisions by the Executive Head of Operations (or delegated officer) to suspend, refuse or revoke a licence for a private taxi hire operator or a hackney carriage and/or private hire driver, which are in accordance with the Council’s Taxi Licensing Policy and not deemed urgent on public safety grounds, shall be made in consultation with the Chairman of the Corporate Governance, Audit and Standards Committee.”