Taxi Driver Online

Meeting Licensing and Control Committee Subject Control Of Taxi Numbers

Date 9 March 2006

1. SUMMARY

1.1 This report follows up the report considered on 15 November 2004.

1.2 The Council has the power under S. 37 of the Town Police Clauses Act 1847 to control the number of Hackney Carriage (Taxi) Licences that it issues. Section 16 of the Transport Act, 1985, modified this power so that the Council may only limit the number of taxi licences if it is satisfied that there is no significant demand for taxi services which is unmet.

1.3 The Council received a letter from the Department for Transport, requesting Councils that still control the number of taxis to review their Quantity Control policy and publish the outcome. The report should publicly justify the reasons why the Council retains a limit on the number of available taxi licenses and why the Council believes that it is in the best interests of the consumer to maintain this policy. The Department for Transport asked that a copy of the report be submitted to them by the end of April 2005.

1.4 As a result of this letter the Council commissioned a survey into unmet demand for taxis in Worthing from Transport Planning International, (Tpi). Tpi have completed this survey and the results are now available.

2. BACKGROUND

2.1 For many years the Council maintained a limit of 60 taxi licences. Applicants for any additional taxi licences either purchased an existing licensed vehicle from a licence holder who was leaving the business, or decided to become Private Hire drivers, or gave up. As far as your officers are aware, there has never been an appeal to the Crown Court against this policy in Worthing.

2.2 Following consultation with the Worthing Taxi Association, the Committee agreed on 25th February 2004 to a programme of “managed growth”, and an additional six taxi licences were made available from 1st April 2004. Another six were made available in April 2005, and an individual application was granted in January 2005. The situation was to be reviewed at 12 monthly intervals to consider further phased increases in Taxi licences until there was no more significant “unmet demand”. The additional vehicles were all to be accessible by the disabled, specifically those people who have impaired mobility.

2.3 In June 2004 the Government wrote to all Councils that retained a control on the numbers of taxis they licensed, and asked them all to consider whether or not they needed to retain a numerical limit. If their decision was to keep such a limit, the Council was asked to publicly report this decision and the reasons why the Council considered it to be in the best interests of local consumers.

2.4 The Government’s Action Plan makes it clear that in their view restrictions should only be retained where it can be shown that there is a clear benefit for the consumer. It requires all Councils to publicly justify their reasons for the retention of restrictions and that unless a specific case can be made in any given District, they consider that it is not in the interests of consumers for market entry to be refused for those who can meet the application criteria.

2.5 The Action Plan also makes it clear that local authorities remain best placed to determine local transport needs and make decisions about them in the light of local circumstances.

2.6 Locally, it must be stressed that it is not suggested in any way that quality controls should be removed. These will remain in all circumstances. Members should be aware that the updated “knowledge” test for potential drivers, together with the requirement for all new licences to be issued only to vehicles that are wheelchair accessible, and less than three years old, is a substantial barrier to applicants who are not serious about entering the trade.

2.7 In order to get an up-to-date picture of the current situation the Council commissioned a report into whether or not there was any significant unmet demand for taxis in Worthing from Transport Planning International, (Tpi).

2.8 Tpi conducted their survey between March and July of last year, and have also surveyed suppliers, consumers, users and non-users of taxis by way of on-street interviews and a postal survey. The results of these surveys were collated, and the report is now available to the Council.

2.9 Tpi have been asked to send a representative to this meeting to present the results and answer questions.

2.10 On 30th November 2005, the Dept. of Transport wrote to the Council again, reminding us of the original letter. They stated that so far they had received 82 final replies to the original request, of which 35 local authorities had said they will abolish numerical control of taxis. They asked that a substantive response be sent to the Department by the end of January 2006. The Department has been advised of the current situation.

2.11 The Council has received a formal application from a licensed driver who has already bought a suitable vehicle. This application has been deferred pending the decision of the Committee as to future action after the results of the survey are known. This application is dealt with in a separate confidential item elsewhere on the agenda. Your officers are also holding expressions of interest in acquiring a hackney licence from twelve people, should the Council make more available. It is anticipated that at least some of these would not be able to proceed if they were to be offered the chance to receive a new licence.

3. COMMENT

3.1 The survey report by Tpi runs to over 100 pages with appendices. The Executive Summary is attached as an Appendix to this report.

3.2 The key conclusion is that there is significant unmet demand in Worthing at this time, and a recommendation that 4 new vehicle licences are issued. This represents an increase in the total fleet numbers of 5.5%. As such surveys have a “life” of three years, the matter should be formally reviewed in three years time if the Committee decides to adopt a new number policy.

3.3 The Committee in essence now has two options. It can agree the release of the 4 new plates recommended, or whatever higher figure it felt appropriate and keep the new limit under review. Alternatively it could decide to dispense with any control on numbers. In the light of the survey results it would be very difficult to refuse to issue the 4 new plates, and be able to sustain that decision on appeal. The Council needs to be able to justify any new restrictions. On the basis of the survey the new plates would meet the significant unmet demand, while helping to retain a viable taxi fleet.

3.4 Worthing Taxi Association has been consulted on the results of the survey, and representatives will attend the meeting and can put their comments to the Committee if invited to do so. The Association wishes the numbers of taxis to continue to be controlled, but accept that the Council must deal properly with any significant unmet demand. They have asked for any new licences to be phased in.

3.5 As a consequence of the survey and the associated discussions, the Council need to review the provision to taxi ranks. There are particular concerns for the Trade on the usefulness of that in Montague Place. A further report will be brought back on this issue.

4. FINANCIAL IMPLICATIONS

4.1 There will inevitably be resource and costs issues if there are any appeals to the Crown Court, particularly if these are successful.

4.2 Any increase in the numbers of taxis licensed will result in potentially greater revenue from licence fees. However, this is subject to the overall constraints that the total income received can only be used to cover the relevant costs.

5. EQUAL OPPORTUNITIES IMPLICATIONS

5.1 There are Equal Opportunities implications in that the provision of more accessible taxis will help the disabled use this service.

5.2 There are Environmental Implications – more licensed vehicles will mean greater carbon dioxide and other emissions from this source, which should be more than offset by a reduction in car trips.

6. CRIME AND DISORDER IMPLICATIONS

6.1 There are some Crime and Disorder implications in that the Police support the provision of more taxis to assist the clearance of the Town centre late at night.

7. LEGAL IMPLICATIONS

7.1 An applicant who is refused a hackney carriage vehicle licence may appeal against that decision to the Crown Court. Other legal implications are contained within the body of the report.

8. RECOMMENDATIONS

8.1 It is recommended that the Committee note the report and decide what action to take in regard to the limit on the numbers of taxis.

8.2 If the Committee decides to increase the number of taxis by a specified figure, it is recommended to consider whether these should be issued together or phased.

8.3 If the Committee’s decision is to retain any control on the numbers of taxis, it is recommended that the Committee identifies the grounds for doing so.

Les Mockford
Acting Head of Contract Services

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