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PostPosted: Wed Feb 08, 2017 4:35 pm 
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Cambridge's MP has called on the Government to introduce a national standardisation of taxi licensing by local councils.

Daniel Zeichner said ministers should roll out a common sets of rules to protect passengers.

His comments come after a BBC investigation into licensed taxi drivers with previous criminal convictions in the East of England.

Two Cambridgeshire councils responded to the broadcaster's freedom of information request for details on drivers who had committed offences before applying for a licence.

South Cambridgeshire District Council revealed that 14 licences were granted on appeal since 2013 to drivers with criminal records, with 19 refused.

Their convictions ranged from minor motoring offences to assault, drug use, harassment and being drunk and disorderly.

East Cambridgeshire District Council said five licences were issued since 2013 to drivers guilty of offences but could not reveal the total number of licensed drivers with convictions.

The figures have sparked concerns over passenger safety in the region.

Paul Bradley, vice chairman of the Cambridge Hackney & Private Hire Association, said: "As far as I was aware South Cambs District Council and [the city council] have a similar enhanced DBS check and I'm very surprised... with some of these convictions... listed that South Cambs would consider issuing a taxi badge, I hope if this is true that they may consider changing this for public safety."

A spokesman for South Cambridgeshire District Council explained it performs advanced background checks on potential drivers and that its appeal processes were "absolutely as robust as can be".

He explained that taxi licences can be granted on appeal through a hearing before three councillors on a licensing appeals sub-committee or through a magistrates court.

Cambridge City Council did not supply information on taxi drivers' past convictions, stating: "The data is not gathered in a format which would be suitable to provide."

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PostPosted: Mon Feb 13, 2017 9:46 pm 
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and an update if anyone can be bothered to read it

Taxi drivers in Cambridgeshire have convictions for violence, drug offences and fraud, a BBC investigation has found.
Under Freedom of Information laws, South Cambridgeshire District Council refused to say how many drivers had criminal convictions.
But it did release a list of 22 different offences committed by drivers.
The council said it carried out "the most thorough checks available".
The offences include being drunk and disorderly, battery, common assault, possession of an offensive weapon, assault occasioning actual bodily harm, possession of cannabis, aggravated vehicle taking and affray.
Government legislation introduced in 2011 allows Hackney carriage drivers to operate anywhere in the country as private hire drivers.
Cambridge MP and shadow transport minister Daniel Zeichner said he was "really concerned" for people's safety.

Taxi licensing policies
The BBC examined local authority taxi policies throughout the East of England.
South Cambridgeshire Council says it will not grant a taxi licence to anyone on the sex offenders register =D>
The Local Government Association (LGA), which declined to comment on the policies of individual councils, issued its own guidance in December. It says if an applicant has a previous conviction for a sexual offence, a violent offence or driving offence involving a loss of life then they will be refused a licence
One of the more stringent policies is found in Milton Keynes, :shock: where the council introduced a new policy after it was discovered it had previously granted a licence to serial rapist, Nadeem Kiani. He had four convictions for rape and sexual assault
The authority's new policy says a licence will not be granted to applicants with convictions for rape and other sexual convictions, or for violent offences including murder, manslaughter and culpable homicide while driving. Offences such as GBH and possession of a firearm come with a 10-year wait, while for ABH, common assault and battery it is five years


"It seems absurd you have a licensing system that allows someone to be rejected in the city and just go down the road and get a licence," Labour MP Mr Zeichner said.
Mark Joyce, a Hackney carriage driver who operates in Cambridge city centre, said he had been through a "very strict" process to get a licence with Cambridge City Council.
He said he did not believe the same quality of checks took place in South Cambridgeshire.
"I think it is very dangerous," he said. "It is well known if you can't get a licence with the city, then you go to South Cambs and you are issued one almost immediately."

Taxi driver Mark Joyce said drivers rejected by Cambridge City Council got licences in South Cambridgeshire
Another taxi driver, who asked to remain anonymous, said some South Cambridgeshire drivers had "somewhat suspect backgrounds" and had "lost their licences at Cambridge City Council and immediately gone to South Cambs and gained new licences there".

He said these drivers had committed offences involving violence and drugs.

"I feel a licensing authority must take into account the rulings of another," he said.
Councillor Mark Howell, South Cambridgeshire District Council's cabinet member for health and environmental services, said the authority carried out "the most through checks available on every licence application," including police checks on historical offences.
"By holding this information we can check each driver's record in full, and take swift action, if any new information is presented while they hold a licence," he added.
Mr Howell said the authority supported consistency across the country "as not all councils hold the information we do about drivers".
A spokesman for the government said public safety was "paramount" and that a bill being introduced this year would "give us the powers to introduce even tougher statutory guidance for councils".
"We expect all councils to carry out criminal record checks for all drivers and check they have the licences they need to carry passengers - and we have made that clear in guidance," he said.

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PostPosted: Tue Feb 14, 2017 11:55 pm 
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edders23 wrote:
.
South Cambridgeshire Council says it will not grant a taxi licence to anyone on the sex offenders register

How very noble of them. :-s

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PostPosted: Wed Feb 15, 2017 12:25 am 
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edders23 wrote:
and an update if anyone can be bothered to read it

Taxi drivers in Cambridgeshire have convictions for violence, drug offences and fraud, a BBC investigation has found.
Under Freedom of Information laws, South Cambridgeshire District Council refused to say how many drivers had criminal convictions.
But it did release a list of 22 different offences committed by drivers.
The council said it carried out "the most thorough checks available".
The offences include being drunk and disorderly, battery, common assault, possession of an offensive weapon, assault occasioning actual bodily harm, possession of cannabis, aggravated vehicle taking and affray.
Government legislation introduced in 2011 allows Hackney carriage drivers to operate anywhere in the country as private hire drivers.
Cambridge MP and shadow transport minister Daniel Zeichner said he was "really concerned" for people's safety.

Taxi licensing policies
The BBC examined local authority taxi policies throughout the East of England.
South Cambridgeshire Council says it will not grant a taxi licence to anyone on the sex offenders register =D>
The Local Government Association (LGA), which declined to comment on the policies of individual councils, issued its own guidance in December. It says if an applicant has a previous conviction for a sexual offence, a violent offence or driving offence involving a loss of life then they will be refused a licence
One of the more stringent policies is found in Milton Keynes, :shock: where the council introduced a new policy after it was discovered it had previously granted a licence to serial rapist, Nadeem Kiani. He had four convictions for rape and sexual assault
The authority's new policy says a licence will not be granted to applicants with convictions for rape and other sexual convictions, or for violent offences including murder, manslaughter and culpable homicide while driving. Offences such as GBH and possession of a firearm come with a 10-year wait, while for ABH, common assault and battery it is five years


"It seems absurd you have a licensing system that allows someone to be rejected in the city and just go down the road and get a licence," Labour MP Mr Zeichner said.
Mark Joyce, a Hackney carriage driver who operates in Cambridge city centre, said he had been through a "very strict" process to get a licence with Cambridge City Council.
He said he did not believe the same quality of checks took place in South Cambridgeshire.
"I think it is very dangerous," he said. "It is well known if you can't get a licence with the city, then you go to South Cambs and you are issued one almost immediately."

Taxi driver Mark Joyce said drivers rejected by Cambridge City Council got licences in South Cambridgeshire
Another taxi driver, who asked to remain anonymous, said some South Cambridgeshire drivers had "somewhat suspect backgrounds" and had "lost their licences at Cambridge City Council and immediately gone to South Cambs and gained new licences there".

He said these drivers had committed offences involving violence and drugs.

"I feel a licensing authority must take into account the rulings of another," he said.
Councillor Mark Howell, South Cambridgeshire District Council's cabinet member for health and environmental services, said the authority carried out "the most through checks available on every licence application," including police checks on historical offences.
"By holding this information we can check each driver's record in full, and take swift action, if any new information is presented while they hold a licence," he added.
Mr Howell said the authority supported consistency across the country "as not all councils hold the information we do about drivers".
A spokesman for the government said public safety was "paramount" and that a bill being introduced this year would "give us the powers to introduce even tougher statutory guidance for councils".
"We expect all councils to carry out criminal record checks for all drivers and check they have the licences they need to carry passengers - and we have made that clear in guidance," he said.



Please can someone point me to the Government Legislation that was introduced in 2011 to allow a hackney driver to operate as a private hire driver any where in the country as claimed in the above article


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PostPosted: Wed Feb 15, 2017 7:39 am 
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Send your question to the licensing people at Cambridge.

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PostPosted: Wed Feb 15, 2017 9:22 am 
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viewtopic.php?f=14&t=24441

CC.said

Yes, but they aren't really because the dimwits at the DfT didn't include this gem;

Quote:
local licensing authorities would have the power to inspect and, if necessary suspend, any vehicles working within their areas, wherever they are licensed

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PostPosted: Wed Feb 15, 2017 9:31 am 
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Please can someone point me to the Government Legislation that was introduced in 2011 to allow a hackney driver to operate as a private hire driver any where in the country as claimed in the above article


There was no legislation introduced in 2011 in respect of the above. The higher court decision that decided that it is lawful for hackney carriages to take bookings for the private hire of the vehicle, without the need for a private hire operators licence, was Brentwood Borough Council -v- Gladen 2004. The later higher court case of Newcastle City Council -v- Berwick 2007 approved the decision in Gladen and went on to state that a hackney carriage could accept private hire bookings outside of its own licensing district. In effect could work anywhere in England and Wales (except London and Plymouth who do not operate under the LG(MP)Act 1976) and accept private hire bookings either from a private hire operator or direct to the driver/proprietor of the hackney carriage vehicle.


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PostPosted: Wed Feb 15, 2017 11:38 am 
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Blueknight wrote:
Quote:
Please can someone point me to the Government Legislation that was introduced in 2011 to allow a hackney driver to operate as a private hire driver any where in the country as claimed in the above article


There was no legislation introduced in 2011 in respect of the above. The higher court decision that decided that it is lawful for hackney carriages to take bookings for the private hire of the vehicle, without the need for a private hire operators licence, was Brentwood Borough Council -v- Gladen 2004. The later higher court case of Newcastle City Council -v- Berwick 2007 approved the decision in Gladen and went on to state that a hackney carriage could accept private hire bookings outside of its own licensing district. In effect could work anywhere in England and Wales (except London and Plymouth who do not operate under the LG(MP)Act 1976) and accept private hire bookings either from a private hire operator or direct to the driver/proprietor of the hackney carriage vehicle.

Sorry.....I thought this was about private hire.

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PostPosted: Wed Feb 15, 2017 12:42 pm 
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Blueknight wrote:
Quote:
Please can someone point me to the Government Legislation that was introduced in 2011 to allow a hackney driver to operate as a private hire driver any where in the country as claimed in the above article


There was no legislation introduced in 2011 in respect of the above. The higher court decision that decided that it is lawful for hackney carriages to take bookings for the private hire of the vehicle, without the need for a private hire operators licence, was Brentwood Borough Council -v- Gladen 2004. The later higher court case of Newcastle City Council -v- Berwick 2007 approved the decision in Gladen and went on to state that a hackney carriage could accept private hire bookings outside of its own licensing district. In effect could work anywhere in England and Wales (except London and Plymouth who do not operate under the LG(MP)Act 1976) and accept private hire bookings either from a private hire operator or direct to the driver/proprietor of the hackney carriage vehicle.



It would appear someone does not realise that a hackney carriage cannot be turned into a private hire vehicle but is always a hackney carriage for the duration of the license,in short it must always abide by the law (rules) applicable to the license,to accept or take a booking it must be in its own licensing district albeit the booking, point of pickup can be anywhere.


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PostPosted: Thu Feb 16, 2017 12:43 am 
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heathcote wrote:
It would appear someone does not realise that a hackney carriage cannot be turned into a private hire vehicle but is always a hackney carriage for the duration of the license,in short it must always abide by the law (rules) applicable to the license,to accept or take a booking it must be in its own licensing district albeit the booking, point of pickup can be anywhere.


I have to disagree I'm afraid.

If when driving my Hackney Carriage out of area I am asked by a PH Operator to take a job in that area, I may do so. If a customer calls me directly to make a booking I may accept that booking. I do not have to be in my own Licensing area when I get either of these scenarios occur.

What I may not do is:

1. Join or form a Rank.
2. Accept a flag down or request for immediate hire.

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PostPosted: Thu Feb 16, 2017 2:51 pm 
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Chris the Fish wrote:
heathcote wrote:
It would appear someone does not realise that a hackney carriage cannot be turned into a private hire vehicle but is always a hackney carriage for the duration of the license,in short it must always abide by the law (rules) applicable to the license,to accept or take a booking it must be in its own licensing district albeit the booking, point of pickup can be anywhere.


I have to disagree I'm afraid.

If when driving my Hackney Carriage out of area I am asked by a PH Operator to take a job in that area, I may do so. If a customer calls me directly to make a booking I may accept that booking. I do not have to be in my own Licensing area when I get either of these scenarios occur.

What I may not do is:

1. Join or form a Rank.
2. Accept a flag down or request for immediate hire.



Have a read of the Comcabs case. I think you may change your mind.


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PostPosted: Thu Feb 16, 2017 9:15 pm 
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heathcote wrote:
Have a read of the Comcabs case. I think you may change your mind.

I think the Brentwood case is more useful.

Thus in my view as hackneys don't come under any PH booking provision they can't break any PH booking provision.

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PostPosted: Fri Feb 17, 2017 12:44 am 
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heathcote wrote:
Have a read of the Comcabs case. I think you may change your mind.


I have, I won't.

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