Agenda item

To consider the Head of Operations Report No. OSP2109, which proposes an amendment to the Scheme of Delegation set out in the Council’s Constitution (taxi and private hire licensing and associated licensing arrangements) to reflect new arrangements required when an authorised officer is minded to refuse or revoke a licence for a private hire operator or a hackney carriage and/or private hire driver.

The Report also proposes the designation of Wheelchair Accessible Vehicles in accordance with the power provided at Section 167 of The Equality Act 2010.

The Committee considered the Head of Operations’ Report No. OSP2109 which proposed an amendment to the Scheme of Delegation set out in the Council’s Constitution (Taxi and private hire licensing and associated licensing arrangements) to reflect new arrangements required when an authorised officer was minded to refuse or revoke a licence for a private hire operator or a hackney carriage and/or private hire driver.   The Report also proposed the designation of Wheelchair accessible vehicles in accordance with the power provided under Section 167 of The Equality Act 2010.

In respect of taxi decision making, the Report advised that the Council’s current  Scheme of Delegation allowed for all decisions on taxi licence applications and any interferences with licences once issued to be made by the Head of Operations or delegated officers.  Historically, these decisions had been made by officers with the option to refer them to a sub-committee, which had been determined by the Manager or Head of Service on an exception basis with no specific criteria.  This had resulted in very few taxi hearings.

DfT statutory guidance had recently been released which required the licensing authority to refer a contentious decision by the authorised officer to a sub-committee.  However, an exception should be specified that delegation to the Head of Operations would remain in place where it was determined urgent or necessary for an expedient decision.

The Report also set out a proposed protocol and procedures for the  arrangements for taxi hearings.  It was proposed that training would be provided for the Committee incorporating mock hearings based on previously determined cases to comply with the DfT guidance to ensure that Members were confident on decision making on taxi hearing cases. 

In respect of wheelchair accessible vehicles, it was proposed that the Council designated wheelchair accessible vehicles in accordance with the power provided at Section 167 of The Equality Act 2010, introducing statutory duties on the drivers of these vehicles.   The DfT guidance recommended that the criteria used to determine that a vehicle was designated was if it would be possible for the user of a ‘reference wheelchair (as detailed in Schedule 1 of The Public Service Vehicle Accessibility Regulations 2000, as appended to the Report) to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair’.   It was proposed that the responsibility for determining whether a vehicle was designated in accordance with the criteria should be delegated to officers in accordance with the current Scheme of Delegation.  Licensing officers would produce a draft list of vehicles to be designated in accordance with the criteria and that the proprietors/drivers of these vehicles should be informed in writing of the decision to designate the vehicle, the duties that this put on them and additional information to assist them in those duties.  The Report advised the Committee that, as there was a right of appeal to the Magistrate’s Court within 28 days of the decision, the designated vehicles list and duties would be published online and therefore made available to members of the public at the end of the appeal period for all vehicles where no appeal had been received.

During discussion, Members raised questions regarding: the number of taxi licensing hearings held over recent years; the training required for Members to sit on the Licensing Sub-Committee to undertake hearings; and, the enforcement of wheelchair accessibility requirements.

RESOLVED:  That approval be given to:

(i)            the updating of the Scheme of Delegation, set out in Part 3, Section 4, Para. 4.5.2 of the Constitution (taxi and private hire licensing and associated licensing arrangements) to reflect that, where the authorised officer is minded to refuse or revoke a licence for a private taxi hire operator or a hackney carriage and/or private hire driver, the matter be referred to a taxi licensing hearing for decision, but an exception to be specified that delegation to the Head of Operations will remain in place where it is deemed urgent or necessary for an expedient decision; and

(ii)          a panel of three Members drawn from the Corporate Governance, Audit and Standards Committee by rotation, forming a sub-committee, be authorised to deal with the determination of taxi licensing applications, as set out in Recommendation (i) above, and that the Head of Democracy and Community be authorised to make the appointments to the sub-committee from amongst the trained Members of the Committee, in accordance with the proposed protocol and procedure, as set out in Appendix 3 of the Head of Operations’ Report No. OSP2109;

(iii)         the adoption of the Taxi Hearings Protocol and Procedure, as set out in Appendix 3 of the Report;

(iv)         the arranging of training to support Members to determine matters at taxi licensing hearings and the Head of Operations be authorised to continue to use delegated powers in the absence of trained Members.

(v)          the designation of Wheelchair Accessible Vehicles in accordance with the power provided at Section 167 of The Equality Act 2010, using a reference wheelchair as detailed in Appendix 4 of the Report; and

(vi)         the delegation to officers of the designation of Wheelchair Accessible Vehicles, in accordance with the current Scheme of Delegation.