As you probably know the criteria for new hackney licences was set at the Licensing Committee Meeting held on 21.10.09.
In drawing up the proposals for the criteria Norman Elthorpe has taken extensive legal advice and following this advice has left out some of the original ideas. He has also ensured that nobody is totally excluded from applying for a plate.
Norman Elthorpe presented the proposal of a criteria system where points are awarded to gauge the most deserving applicants
During the councillors debate about the proposed criteria several points and questions were directed at Mr Elthorpe. I have listed some of these below with his answers. This is not an official copy of the minutes nor is it a complete version of what was said. It is just the main points that will hopefully answer some of your questions.
Cllr Meikle: I thought we were going to have a proposal that favoured Stockport residents?
N Elthorpe: The legal advice is that this would be challenge-able in court.
Cllr Meikle: Can conditions be added to the new licence regarding vehicle age?
N Elthorpe: No
Cllr Bailey: What difference will family members owning a plate have on a new applicant?
N Elthorpe: It may not make any but it will be up to the committee to look at the history of the families involvement and whether the applicant has benefited in any way from the existing plate, ie reduced or free rent.
Cllr Bailey: Why have a difference in points for hackney and private hire drivers?
N Elthorpe: A private hire driver does have the choice to invest in his own vehicle if he so wishes. This is not an option open to hackney drivers without having to invest heavily in the price of a plate. Somewhere in the region of £20,000 plus the cost of the vehicle.
There then followed some debate about the pro's and cons of owning a cab against a private hire vehicle and the points system. At the end of which Cllr Stuart Corris, who was acting as Chairman in Cllr Gordons absence, conceded that they were only ever going to be able to please 5 people, namely the 5 who get a plate.
N Elthorpe: The criteria form will NOT be an application for a plate. It is merely a way of an applicant measuring if it is worth their while sourcing a vehicle.
Cllr Corris: Is there any legal obligation on the applicant when supplying information?
N Elthorpe: Yes. Any false information given to the council is an offence. (He did quote the relevant Act and section number but I'm afraid my shorthand isn't up to much).
Cllr Bailey: Is this criteria open to any sort of challenge or appeal?
N Elthorpe: There is no appeal process with it although the committee may require further information from an applicant. The only legal challenge open to someone would be for them to seek a judicial review at Crown Court. However this criteria does not exclude anyone and is set against a backdrop of a legally sound TPI Un-met Demand Survey that states there is no need for any more cabs.
Cllr Meikle: Is there a date set when applications have to be in by and where do late applicants stand?
N Elthorpe: There is no date set yet for this issue. It has been suggested though that the 15 extra licences due to come on should be issued before the next survey is due in 2 years time.
They then discussed vehicle age etc before accepting the proposed criteria as policy.
Here is how the points will be awarded:-
Previously owned a plate YES.......0 points NO......50 points
Member of family own a plate YES....... More info required
Current Hackney driver YES......50 points NO.......0 points
Not licensed on 11/2/09 Deduct...25 points
Current P/Hire driver YES.......25 points NO........0 points
Years of Hackney service 1 point per year
Years of P/Hire service 1 point per 2 years
Qualifications. NVQ? 5 points
Vehicle details to be considered only after personal details, in that, if the short list exceeds 5, then vehicle points will then be added to the personal scores.
New vehicle....50 pts Up to 2 years old....40 pts Up to 4 years old...30 pts
Up to 6 years old...20 pts
This does not mean an applicant cant put on a cab older than 6 years, they just wont gain any points for it.
If an applicant holds a Hackney and a P/Hire badge they cant claim points for both (as in the 50 & 25 points) but they will be able to claim the points for years service.
Example: A driver works on P/Hire for 6 years. They then work as a Hackney driver for 10 years.
6 years P/Hire = 3 points
10 yrs Hackney = 10 points
Current Hackney
Driver = 50 points
Not held plate
before = 50 points
TOTAL =113 points
This criteria is only to give drivers a guide as to where they stand to gain a free plate. It will not count as an application. Although there will be NO waiting list, Norman has mentioned that it would be unreasonable to ask people to give information for a points based system and then not let them know where they appear in the table.
Drivers will however have to re-apply in their application every year. It will not necessarily be the ones who are 6-10 on the first table who gain in the 2nd issue though obviously they will stand a very good chance.
Applicants will also have to produce proof to back up the information given which could include accounts and tax returns.
Norman Elthorpe has also commented to me about the prospect of applicants selling the free plates as soon as they are issued rather than work them personally and has eluded that if the licensing committee view that this is undermining the policy then they may have to review its current stance.
source= stockportstation/blog
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