Gateshead Council will today make a decision on their new conditions of licensing for Hackney carriage and private hire vehicles and drivers. The following is the outline to a substantial report which consists of over 30 reccomendations some of which are supported by the licensing officers and some which are not.
The local taxi trade put forward certain conditions that would have been illegal if implemented. This does not suprise me in the least.
You will no doubt notice the flaws in the proposed conditions and bylaws so I won't spoil it for you by telling you what they are? lol
There are several links to the various reports so you will have a long read. Take note of the pottential landmine called the OFT.
http://online.gateshead.gov.uk/docushar ... ction-2390
___________________________________________
REPORT TO CABINET
3 July 2007
TITLE OF REPORT: Hackney and Private Hire conditions, standards and
restrictions
REPORT OF: Derek Quinn, Group Director, Development and Enterprise
Purpose of the Report
1. The purpose of this report is to request that Cabinet recommends to Council a number of changes to our policy on Hackney Carriages and Private Hire, and on the standards and conditions attached to Hackney Carriage and Private Hire licences.
Background
2. Cabinet considered a report on this matter on 5 September 2006. At that meeting Cabinet initiated a review of the Council’s policy of not restricting numbers of Hackney Carriages, and of conditions attached to all forms of licence related to the Hackney Carriage and Private Hire trades, to ensure they remained fit for purpose.
3. In addition, Cabinet suspended the issue of new Hackney Carriage licences until the results of the review had been considered, and members are satisfied that our policies, standards and conditions are suitable to ensure that further growth in the numbers of Hackney Carriages is not to the detriment of the public.
4. The Sustainable Communities - Place Advisory Group met to discuss the issues on 6 October 2006. The minutes of that meeting are attached at Appendix 2.
5. Following that meeting, a widespread consultation on the proposed conditions and restrictions with the Private Hire and Hackney Carriage trade was undertaken
• All holders of operator, vehicle and driver licences were sent a written consultation on the proposed new conditions and restrictions during November 2006. 1,427 consultation letters were sent out and 120 responses were received.
• An officer attended the meeting of the Gateshead Hackney Drivers Association on 20 November 2006 to discuss the proposals.
• The Taxi Working Party considered the issues over 2 meetings in December 2006.
• The responses to the consultation are summarised in the tables in Appendix 3
• Further discussions about the detail within the proposed conditions and restrictions have taken place with the Taxi Working Party and the Gateshead Hackney Drivers Association during May and June 2007.
6. Discussions have taken place with officers of the Buses and Taxis Division of the Department for Transport (DfT) in connection with the Department’s proposals for the future of the power available to limit the numbers of Hackney Carriages. The Office of Fair Trading will undertake a further review of the case for limiting numbers during 2007. This will be considered and the DfT will publish a revised policy and new guidance at some time in 2008.
7. Until that time, the DfT policy, published in May 2004, remains that “the Government considers that local authorities are best placed to judge local needs and circumstances, but where they restrict taxi licence numbers they should be able to justify their policy publicly, and continue to do so on a regular basis. Where such a policy cannot be justified, the Government would expect local authorities to derestrict. The Government itself will review the situation in three years, with a view to further action if it is needed.”
Proposal
9. It is proposed that Cabinet recommends to Council the retention of the policy not to limit numbers of Hackney Carriages for the time being. It is also proposed that Cabinet makes a recommendation to Council that the conditions and restrictions attached to Private Hire and Hackney Carriage licences be revised to ensure that they achieve the best standards of operator, proprietor and driver for the travelling public. It is further proposed that the temporary suspension on the issue of Hackney Carriage licences be lifted for applicants whose vehicles will meet the higher standards that are proposed.
Recommendations
10. It is recommended that:
(i) Cabinet recommends to Council that the existing policy not to limit the numbers of Hackney Carriages is retained for the time being.
(ii) Cabinet recommends to Council that the Policy on the Relevance of Criminal Activity in Appendix 4 is adopted.
(iii) Cabinet recommends to Council that the revised conditions and restrictions on Private Hire and Hackney Carriage Licences in Appendices 5 – 10 are adopted.
(iv) Cabinet removes the temporary restriction on the issue of new Hackney Carriage Licences for vehicles meeting the new, higher standards of Appendix 10.
For the following reason:
(i) The Department for Transport currently considers it best practice not to limit the numbers of Hackney Carriages, and has requested that we take the current Government policy into account when considering the matter.
(ii) The new and higher standards contained in Appendices 4 –10 are necessary to protect the public from harm arising from unsuitable drivers, vehicles and operators
(iii) The temporary suspension will no longer be necessary once the new, higher standards in Appendix 10 are agreed.
CONTACT: Peter Wright 01914333910 PLAN REF: 836
APPENDIX 1
Policy Context
1. The policy supports the Council’s Corporate Plan and, in particular, its corporate priorities ‘Improving Accessibility, Connectivity and Economic Prosperity’ and ‘Ensuring a Sustainable Gateshead’.
Background
2. If a Council chooses to limit the number of Hackney Carriages, it may only do so if it can prove there is no significant demand, which is unmet. This proof must be obtained by a detailed survey and study of demand. Once a limit is introduced, the retention of the limit must be justified by regularly repeating this survey.
3. Until 1999 the Council had a policy to limit the numbers of Hackney Carriages. In 1999 this was reviewed and changed. After that time, a suitable applicant was able to obtain a new licence for a Hackney Carriage provided that the vehicle was suitably designed or adapted to carry passengers in wheelchairs.
4. Prior to the change in policy in 1999, there were 92 licensed Hackney Carriages. These existing licences are not bound by the requirement to be wheelchair accessible. Since 1999, a further 241 wheelchair accessible vehicles have been licensed as Hackney Carriages. In addition to this, a further 100 Private Hire Vehicles have been licensed in that time.
5. As the numbers of Hackney Carriages increased after the change of policy in 1999, some members of the trade began to complain that their income was being severely reduced by the increase in competition.
6. In 2004 the Government concluded a long running investigation into the desirability of allowing councils to retain their power to limit numbers of Hackney Carriages. They stopped short of revoking the power but concluded “Local Authorities are best placed to judge local needs and circumstances, but where they restrict taxi licence numbers they should be able to justify their policy publicly, and continue to do so on a regular basis. Where such a policy cannot be justified, the Government would expect local authorities to de-restrict”. The new Government guidance makes it clear that restrictions should only be retained where there is shown to be a clear benefit to the consumer.
7. Following the publication of this new guidance, a review of our policy was undertaken and it was decided by Council to keep the existing policy of not restricting numbers. A further 81 Hackney Carriages have been licensed since that time.
8. In October 2006 the Department for Transport published “Taxi and Private Hire Vehicle Licensing: Best Practice Guidance”. This document states that “Most local licensing authorities do not impose quantity restrictions; the Department regards that as best practice.”
9. Of the Councils bordering Gateshead; Newcastle, North Tyneside, South Tyneside, Sunderland and Chester-le-Street have all retained their limit on numbers since the Government revised its policy in 2004. Tynedale Council does not limit numbers in its area.
10. In addition to considering the issue of numerical restrictions on Hackney Carriage Licences, a substantial review of conditions and restrictions attached to operator, vehicle and driver licences was also undertaken to ensure that standards were raised to such a level that the public were given the highest levels of protection.
Consultation
11. The matters have been discussed four times by the Taxi Working Party.
12. The Gateshead Hackney Drivers Association have also been consulted separately from the Taxi Working Party, which they refuse to attend at the time of writing.
13. The Sustainable Communities - Place Advisory Group have considered the issues and given their views as set out in Appendix 2.
14. 1,427 consultation letters were sent to licensees to gain their views on the proposals to increase standards through an improved set of conditions and restrictions. Appendix 3 sets out the responses to the consultation.
15. The appropriate Cabinet Members have been consulted on this report.
16. The DfT officer responsible for Taxi policy has been consulted on the matter of a potential change of policy with regard to limiting numbers of Hackney Carriages.
Alternative Options
17. The complexity of the issues under consideration allowed a large range of options to be considered. Those proposed result from the analysis of the views of the Advisory Group and the trade responses to the consultation.
Implications of Recommended Options
18. Financial Implications – The Strategic Director, Finance and ICT confirms that costs will be met from existing budgets.
19. Risk Management Implications – There are no Risk Management implications from the recommended option.
20. Human Resources Implications – There are no human resources implications of the recommended option.
21. Equality and Diversity Implications – Nil.
22. Crime and Disorder Implications – Hackney Carriages and Private Hire Vehicles play a critical role in taking people home after an evening drinking, thus helping to reduce crime and disorder.
23. Sustainability Implications – Hackney Carriages and Private Hire Vehicles make a vital contribution to the public transport infrastructure, significantly reducing the need for many people to own a car and reducing congestion.
24. Human Rights Implications – By limiting numbers this effectively prevents persons seeking to enter the trade from doing so. By not having any such restriction, persons in the trade and entering the trade will be subject to competition in an already saturated market. Ultimately this is resolved through market forces. The proposals support Article 8 of the Convention on Human Rights.
25. Ward Implications – This report affects all wards equally.
Background Information
26. These documents that have been considered in preparation of the report:
• Department for Transport publication; “Taxi Licensing: Review of Local Authority Quantity Control Policies”
• Transport Act 1985
• Department for Transport publication “Office of Fair Trading - Taxi and Private Hire Vehicle Market Study”
• Department for Transport publication “Taxi and Private Hire Vehicle Licensing: Best Practice Guidance”
http://online.gateshead.gov.uk/docushar ... ction-2390
Regards
JD
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FAQ
however I would say that during the extensive consultation we discussed many of our own "ideals", obviously these "ideals" were required to be checked as to the exact legal position to determine whether they were able to be be legislated for and I believe they have done that within the final document.
