Public Document Pack

MEETING: TRADE WORKING GROUP

DATE: Tuesday 25th September, 2012

TIME: 9.30 am

VENUE: Town Hall, Bootle

Hackney Trade Associations Member Substitute North West Taxi Association Joseph Bridson Trevor Jones North Sefton Hackney Carriage Association George Halsall John Hannah South Sefton Hackney Carriage Association Richard Jarman Jim Blakemore Unite The Union Thomas McIntyre Southport Station Taxi Association John Murrison Eddie Davies North Sefton Hackney Night Drivers’ Association Bill Richey Guy Wilkinson

Advisory Members Ability Network Paula Hodson Merseyside Police Insp Jason Lane A/Insp Chris Barnes

Sefton Council Officers Principal Trading Standards Officer – Chair Mark Toohey Senior Taxi Licensing Enforcement Officer Mike Foulkes Taxi Licensing Enforcement Officer Luke McCormick

COMMITTEE OFFICER: Ruth Appleby Telephone: 0151 934 2181 Fax: 0151 934 2034 E-mail: [email protected]

If you have any special needs that may require arrangements to facilitate your attendance at this meeting, please contact the Committee Officer named above, who will endeavour to assist.

1

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2 A G E N D A

Item Subject/Author(s) No.

1. Apologies for Absence

2. Minutes (Pages 5 - 8) Minutes of the meeting held on 20 March 2012

3. Matters Arising Chair to update on matters arising

4. Unmet Demand Survey (Pages 9 - 14) Report of the Director of Built Environment (considered by the Licensing and Regulatory (L&R) Committee on 24 September 2012)

Chair to update on L&R Resolution

5. Change of Conditions - Roof Lights and Internal (Pages 15 - 22) Plates Report of the Director of Built Environment (considered by the Licensing and Regulatory (L&R) Committee on 30 July 2012)

Chair to update on L&R Resolution

6. Hackney Licence Plates 1. Item submitted by Richard Jarman

“A “plate” has recently been re-issued.

The overwhelming feeling of licence holders is that there was (wrongly) no notification that this may take place. Everyone should have had an equal opportunity.

In the event that such were to take place licence holders who had not been issued with a licence or purchased a licenced vehicle should have been placed on an equal footing with those who had written to request a licence.

SMBC policy should reflect the concern its licence holders”.

2. Chair to update on current policy concerning issue of Hackney Licence Plates. Views of the Trade Representatives requested.

3 3. Trade representatives views sought on a fair system for the issue of additional plates

7. Any Other Business In accordance with Minute No. 37 (iii) of the meeting of the Licensing and Regulatory Committee of 24 February 2003, other business may only be considered if agreed by the Chair and a majority of the trade and if it is of an urgent nature. i.e. requires consideration prior to the next scheduled meeting of the Hackney Carriage Trade Working Group.

4 Agenda Item 2

HACKNEY CARRIAGE TRADE WORKING GROUP

MEETING HELD AT THE TOWN HALL, BOOTLE ON TUESDAY 20TH MARCH, 2012

PRESENT:

Representing the North Sefton Hackney Carriage Association Mr. Jon Baguley

Representing the South Sefton Hackney Carriage Drivers Association Mr. Richard Jarman

Representing the North West Taxi Association Mr. Joseph Bridson Mr. Trevor Jones (Substitute)

Representing North Sefton Hackney Night Drivers Association Mr. Guy Wilkinson

Advisory Members: Ms Paula Hodson (Ability Network) Inspector Jason Lane (Merseyside Police) Sergeant Barry Scraggs (Merseyside Police)

Officers: Mr. Mark Toohey, Principal Trading Standards Officer (in the Chair) Mr. John Thompson, Senior Taxi Licensing Officer (Shift Supervisor) Mr. Mike Foulkes, Senior Taxi Licensing Officer (Shift Supervisor) Ms. Ruth Appleby, Committee Administrator, Corporate Commissioning Directorate

1. APOLOGIES FOR ABSENCE

Apologies for absence were received from Mr George Halsall and Mr. John Hannah.

The Committee Administrator indicated that Mr Halsall would be unable to attend meetings for the foreseeable future whilst he was recuperating from an illness. The Chair welcomed Mr Jon Baguley, who would be attending instead of Mr Halsall during this time.

The Chair also welcomed Inspector Jason Lane, who had replaced Inspector Chris Dillon as the Merseyside Police Representative, and Sergeant Barry Scraggs, who was to be his substitute.

2. MINUTES OF THE MEETING HELD ON 6 DECEMBER 2012

RESOLVED:

Page1 5 Agenda Item 2 HACKNEY CARRIAGE TRADE WORKING GROUP- TUESDAY 20TH MARCH, 2012

That the Minutes of the meeting held on 6 December 2012 be confirmed as a correct record.

3. MATTERS ARISING FROM THE MINUTES

There were no matters arising that were not otherwise included on the agenda.

4. S143 TRAFFIC ACT AND INSURANCE RELATED PROSECUTIONS

Mr. John Thompson provided an update on insurance issues and appeal cases in respect of drivers caught plying for hire outside their area.

Trade Representatives were concerned that some drivers caught plying for hire outside their area (e.g. Liverpool Hackney drivers in Sefton and vice versa) had not only been charged for illegally plying for hire, but also for lack of insurance, because their insurance policy did not cover them for outside their Council’s boundary.

Mr. Thompson indicated that it would depend on the exact wording of the policy as had previously been the case with private hire drivers who illegally plied for hire. If the policy or certificate wording excluded a use unless licensed to do that act then the no insurance charge applied. If an insurance policy simply stated public hire use without reference to a license then that vehicle would be covered.

Trade Representatives were concerned that some drivers were unaware that their policies did not cover them for public hire. Mr. Jarman requested that if general discrepancies were found within policies then this information be brought to the attention of the Association of British Insurers.

RESOLVED: That

(1) Mr. Jarman and Mr. Toohey discuss the matter further via email; and

(2) the Trading Standards and Licensing Manager be requested to take this up as an issue with the Head of Corporate Legal Services.

5. THE GRAND NATIONAL WEEKEND

Mr. Thompson provided an update on hackney carriage rank arrangements for the Grand National Weekend.

He indicated that broadly speaking last year’s arrangements for Sefton would apply, but that the road closures would almost certainly be on all three days.

Page2 6 Agenda Item 2 HACKNEY CARRIAGE TRADE WORKING GROUP- TUESDAY 20TH MARCH, 2012

Mr. Jarman commended the Police and Council on last year’s arrangements.

Mr. Jarman expressed concern about the potential for non Sefton hackney carriage cabs ranking on the south east side of the Park Lane Bridge. Mr. Thompson said that the Warbreck Moor access would be part of the closure so this could only occur later once the roads re-opened.

Mr. Wilkinson was concerned that enforcement officers / race officials / police would not recognise the non-metropolitan hackney carriage vehicles.

Mr. Thompson indicated that TLU would arrange for traffic management officials/ SEP and G4S staff to be told how to recognise saloon hackneys and stated that this was always a priority for the TLU staff. Traffic management personnel usually manned the same point on all three days so Thursday should remove that concern.

RESOLVED:

That the arrangements for the Grand National indicated above be noted.

6. CHANGE OF CONDITIONS - ROOF SIGNS AND INTERNAL LIGHTS/PLATES

Mr. Toohey provided an update on the proposed changes to conditions in respect of roof signs and internal lights and plates.

He indicated that the proposals would need to be consulted on with all hackney proprietors before a condition change could occur.

RESOLVED:

That the Chair send a letter to all hackney carriage license holders consulting on the proposed changes to conditions in respect of roof signs and internal lights and plates.

7. PROVISION OF HACKNEY RANKS

Mr Guy Wilkinson raised concern regarding the proposed removal of hackney carriage ranks in favour of pay and display parking bays, in particular the ‘troc rank’ near the British Heart Foundation shop leading onto Lord Street.

The Chair indicated that Hackney Carriage Ranks in Southport was on the agenda of the next Southport Area Committee to be held on 28 March 2012.

Page3 7 Agenda Item 2 HACKNEY CARRIAGE TRADE WORKING GROUP- TUESDAY 20TH MARCH, 2012

Mr Joe Bridson asked whether a rank was to be provided on South Road, Waterloo, near the new Wetherspoons public house.

The Chair indicated that he would contact Mr Steve Johnson, the Traffic Services Team Manager, and feed back on this matter to the hackney carriage trade representatives.

Arising from discussion, Mr Jarman also expressed concern that having previously been given permission by Merseytravel to rank on the South Road terminal once the had stopped running, following discussions with the local community, police officers had recently stopped hackney cabs from using the bus terminus as a taxi rank and Mr Jarman wondered why the taxi trade had not been invited to participate in the community discussions.

Sergeant Scraggs indicated that he would contact Constable Carl McNulty, from the Crosby Neighbourhood Police Team, to find out where the communication to prevent hackney cabs ranking at the bus terminus had come from and feed this back to Mr Jarman.

RESOLVED: That

(1) the resolution of Southport Area Committee regarding hackney carriage ranks be reported to the next meeting;

(2) the Chair be requested to liaise with Mr Steve Johnston, Traffic Services Team Leader, regarding the provision of a hackney rank near the new Wetherspoons public house in South Road, Waterloo; and

(3) Sergeant Barry Scraggs to liaise with Constable Carl McNulty, Crosby Neighbourhood Police, regarding hackney cabs using the ranks on the South Road bus terminus once buses stop running.

8. ANY OTHER BUSINESS

RESOLVED:

That in accordance with Minute No. 37 (iii) of the meeting of the Licensing and Regulatory Committee held on 24 February 2003, there was no further business for consideration by the Working Group.

9. DATE OF NEXT MEETING

RESOLVED:

That subject to receipt of agenda items, the next meeting of the Hackney Carriage Working Group would be held at 9.30 am on Tuesday 26 June 2012, at Southport Town Hall.

Page4 8 Agenda Item 4

Report to: Licensing & Regulatory Committee Date of Meeting: 24 th September 2012

Subject: Hackney Carriage Unmet Demand Survey 2013

Report of: Director of Built Environment Wards Affected: All

Is this a Key Decision? No Is it included in the Forward Plan? No

Exempt/Confidential No

Purpose/Summary

To advise Members of the requirement to review the policy on the numerical restriction of Hackney Carriage Vehicle Licences

Recommendation(s) That Members: i) Note the content of this Report; ii) Instruct the Trading Standards & Licensing Manager to contact recognised independent consultants in this field and request a quotation for undertaking the Hackney Carriage Demand Survey in 2013; and iii) Instruct the Trading Standards & Licensing Manager to carry out a best value assessment of the resulting quotations.

How does the decision contribute to the Council’s Corporate Objectives?

Corporate Objective Positive Neutral Negative Impact Impact Impact 1 Creating a Learning Community √√√ 2 Jobs and Prosperity √√√ 3 Environmental Sustainability √√√ 4 Health and Well-Being √√√ 5 Children and Young People √√√ 6 Creating Safe Communities √√√ 7 Creating Inclusive Communities √√√ 8 Improving the Quality of Council √√√ Services and Strengthening Local Democracy

Page 9 Agenda Item 4

Reasons for the Recommendation:

To allow Members to determine Council policy

What will it cost and how will it be financed?

(A) Revenue Costs

The cost of the survey is covered by ring fenced reserves solely for the administration of the taxi licences.

(B) Capital Costs

None.

Implications:

The following implications of this proposal have been considered and where there are specific implications, these are set out below:

Legal The Head of Corporate Legal Services (LD1089/12) has been consulted and has no comments to add.

Finance The Head of Finance and ICT (FD1765/12) has been consulted and has no comments to add as all associated costs of the survey can be met from earmarked reserves kept for this purpose.

Human Resources None

Equality 1. No Equality Implication √√√

2. Equality Implications identified and mitigated

3. Equality Implication identified and risk remains

Impact on Service Delivery:

None

What consultations have taken place on the proposals and when?

• Circulation to Hackney Carriage & Private Hire Trade Representatives.

Are there any other options available for consideration?

a) To adopt a policy of numerical de-restriction and therefore dispense with the need for an Hackney Carriage Unmet Demand Survey. Page 10 Agenda Item 4

b) To delay the demand survey until the publication of the Law Commission report on the review of Taxi and Private Hire Services

Implementation Date for the Decision

Immediately following the meeting.

Contact Officer: Andrew Naisbitt Tel: 0151 934 4014 Email: [email protected]

Background Papers:

• Town Police Clauses Act 1847 • Act 1985 • Department for Transport – “Taxi & Private Hire Vehicle Licensing Best Practice Guidance 2006”

1. Background

1.1 The existing numerical restriction applied to hackney carriage vehicle licences has stood since 1986 when the limit was set at 271. Vehicle licences are issued under the Town Police Clauses Act 1847 as amended by the Transport Act 1985.

1.2 The Council has discretion whether to have a policy of numerical restriction or a policy of numerical de-restriction. As with any discretion it must be exercised lawfully and should include a process for proper consultation with interested parties. The Department for Transport have stated in its Best Practice Guidance that it considers that it is “best practice” not to impose numerical restrictions. However, the guidance also explains:

(i) The guidance is not prescriptive;

(ii) It is for individual licensing authorities to reach there own decisions; and

(iii) It is right that local circumstances and local requirements are taken into account.

1.3 Current legislation states the only reason on which an application for a hackney carriage licence can be refused is that the Council is satisfied that there is no significant demand for hackney carriage services, which is not being met. This means that the Council is satisfied there are enough licensed hackney carriages to serve the public without issuing any more. Therefore the Council must keep any policy of numerical restriction under review.

1.4 Any decision the Council takes will need to be rational, reasoned and supported by evidence and a proper process.

2. Determination of Unmet Demand

Page 11 Agenda Item 4

2.1 The DfT Best Practice Guidance, states that it will be necessary for the Local Licensing Authority to carry out a survey sufficiently frequently to be able to respond to any challenge to the satisfaction of the Court. In order to satisfy any such challenge a survey must be impartial and objective.

2.2 In 2009, the Council took legal advice regarding carrying out demand surveys. Counsel advised that a full and detailed survey should be commissioned. Any discretion to restrict or de-restrict must be exercised lawfully and rationally and made in accordance with the usual administrative law principles. It should be made after proper consultation with interested parties and involves:

(i) An obligation to ensure that the Council has the information necessary to enable an informed decision to be taken; and

(ii) A consultation process that must be conducted properly and fairly.

2.3 Whether or not there exists significant unmet demand is a question of judgement for the Council, based on the evidence available and guidance from case law. A Council can not be faulted for having based its decision on the conclusions of an independent firm of reputable consultants and for having accepted that evidence in their report, (R {on the application of Maud} v Castlepoint Borough Council) .

2.4 Counsel advised that in changing any policy of restriction the issues of demand, local circumstances and local requirements have to be properly addressed. This can only be done by reference to a demand survey (with a remit to address such issues) or at least probative evidence akin to such a survey.

2.5 Consideration has been given to whether such a survey could be carried out internally but the Council lacks the specific expertise and any report would be open to questions of impartiality.

2.6 The local trade also have a legitimate expectation that a proper survey will be commissioned before any decision is taken. This coupled with the fact the Council has to assess the local circumstances and requirements so as to be in a position to properly appreciate the effects and implications of its decision on the locality. Evidence in respect of such issues will thus be required and this is best achieved by the instruction of an independent expert consultant.

3.0 Engaging a Consultant

3.1 The survey in 2010 was carried out by Halcrow Ltd at a cost of £20,376. It is expected that allowing for inflation (at 5% per annum that the cost of the 2013 survey will be in the range £23,500 to £27,000 depending upon the consultant appointed.

3.2 The current protocol for selecting a consultant to supply services from £10,001 to £30,000 (as per the Constitution – Part 4 “quotations”) is:

“Officers are required to obtain 3 written quotes and submissions are required to be evaluated by at least 2 officers in order to demonstrate independence in the choosing of contractors and evidence retained of the process in order to demonstrate best value has been achieved”. Page 12 Agenda Item 4

3.3 The Trading Standards & Licensing Manager proposes to request a quotation from the five recognized market leaders namely:

a) Halcrow Ltd (Provider 2010 survey);

b) Jacobs Consultancy Ltd

c) Mouchel Ltd;

d) TPI Ltd; and

e) Transport Research Institute.

3.4 In order to maintain continuity with the 2010 Demand Survey report, the companies will be asked to provide a quotation for a survey that includes the following:

• Inception Meeting; • A statistically significant Public Attitude Survey (Face to Face); • Rank / On Street Hails (Overt & Covert Observations); • Queue simulation; • Comparison with other Local Authorities; • Consultation with interested parties; • Study / effect on demand; • Latent demand for Horse Omnibuses; • Study the effect Public Service Vehicles (PSV) / Private Hire Vehicles (PHV) on demand; • Comparison of hackney carriage fares with PSV / PHV fares; • Consultation with all hackney carriage and private hire drivers (Postal Survey); • Consultation with all hackney carriage and private hire operators, and Trade Representatives; • Consultation with Sefton Council’s Access Officer and Disability Group Representatives; • Consultation with Police; • Consultation with Local Chamber of Commerce, Clubs, Tourist Board, Students etc; • Data Analysis; • A statistically significant rank usage / viability survey at key ranks in ‘town centre areas’: • Multiple Copies of the final report and presentation to Elected Members; and • Monthly Progress Reports.

4.0 The Law Commission & the Numerical Restriction of Hackney Carriages

4.1 Members will recall the report entitled “Reforming the Law of Taxi and Private Hire Services – A Consultation Paper” presented on 30 th July 2012. The report Page 13 Agenda Item 4

provided a summary of the Law Commission’s provisional proposals which included a proposal to take away a local authorities power to restrict taxi numbers (Provisional Proposal 54).

4.2 The Council has responded to the consultation disagreeing with this proposal.

4.3 It is understood that the Law Commission will publish its final report in late 2013.

5.0 Issues for consideration

5.1 The Council may commission an unmet demand survey to be carried out in 2013 only for new legislation (expected 2014) to abolish quantity restrictions.

5.2 On the other hand the Council could postpone the unmet demand survey until publication of the Law Commission’s recommendations however by utilizing this strategy the Council could face a legal challenge to its current policy of numerical restriction as the 2010/11 demand survey data loses its relevance.

Page 14 Agenda Item 5

Report to: Licensing & Regulatory Committee Date of Meeting: 30 th July 2012

Subject: Changes to the Hackney Carriage, Private Hire and Omnibus Licensing Scheme Handbook

Report of: Director of Built Environment Wards Affected: All

Is this a Key Decision? No Is it included in the Forward Plan? No

Exempt/Confidential No

Purpose/Summary

To advise Members of the proposed changes to the Hackney Carriage, Private Hire and Omnibus Licensing Scheme Handbook.

Recommendation(s) That Members: i) Note the content of this Report; and ii) Approve the changes detailed in paragraphs 3.3, 4.2, 5.6 and 6.6.

How does the decision contribute to the Council’s Corporate Objectives?

Corporate Objective Positive Neutral Negative Impact Impact Impact 1 Creating a Learning Community √√√ 2 Jobs and Prosperity √√√ 3 Environmental Sustainability √√√ 4 Health and Well-Being √√√ 5 Children and Young People √√√ 6 Creating Safe Communities √√√ 7 Creating Inclusive Communities √√√ 8 Improving the Quality of Council √√√ Services and Strengthening Local Democracy

Page 15 Agenda Item 5

Reasons for the Recommendation:

To allow Members to determine Council policy

What will it cost and how will it be financed?

(A) Revenue Costs

None.

(B) Capital Costs

None.

Implications:

The following implications of this proposal have been considered and where there are specific implications, these are set out below:

Legal The Head of Corporate Legal Services (LD985/12) has been consulted and has no comments to add.

Finance The Head of Finance and ICT (FD1650/12) has been consulted and has no comments to add as there are no financial consequences as a direct result of this report

Human Resources None

Equality 1. No Equality Implication √√√

2. Equality Implications identified and mitigated

3. Equality Implication identified and risk remains

Impact on Service Delivery:

None

What consultations have taken place on the proposals and when?

• Licensing and Regulatory Committee Spokespersons with Representatives of the Hackney Carriage and Private Hire Trades Meeting - 24 th January 2012. • Hackney Carriage Trade Working Group - 20 th March 2012. • Hackney Carriage & Private Hire Joint Trades Working Group - 26 th June 2012.

Are there any other options available for consideration?

Not to adopt the proposed changes Page 16 Agenda Item 5

Implementation Date for the Decision

Changes detailed in paragraphs 3.3; 4.2 and 5.6 – Immediately following the meeting.

Changes detailed in paragraph 6.6. – For any new signage immediately following the meeting otherwise 1 st April 2013 allowing the gradual replacement of existing signage.

Contact Officer: Mark Toohey Tel: 0151 934 2274 Email: [email protected]

Background Papers:

• Town Police Clauses Act 1847 • Local Government (Miscellaneous Provisions) Act 1976 • Hackney Carriage, Private Hire and Omnibus Licensing Scheme Handbook (Version 1.1)

1. Background

1.1 Members will recall that, on 27 th October 2008, the Licensing and Regulatory Committee considered a report entitled “Review of Hackney Carriage & Private Hire Licensing Scheme”.

1.2 The report advised of the outcome of the review of the Hackney Carriage and Private Hire Licensing conditions and sought endorsement of the Hackney Carriage, Private Hire and Omnibus Licensing Scheme Handbook, (The Handbook)

1.3 The Committee adopted the Handbook with effect from 1 st December 2008.

2. Trade sponsored changes to the Handbook

2.1 The taxi and private hire trade have requested via the Hackney Carriage and Private Hires Joint Trades Group, four changes to the current conditions, these being;

• Internal lights/plates for taxis • Location of door signage for private hire vehicles • Length of knowledge test ‘expiry’ date • Roof signs for non metropolitan type vehicles

3. Knowledge Test Expiry Date

3.1 The requirement for the current knowledge test is included in Part 3 (5) and states:

“Existing drivers and driver applicants whose last licence is expired by less than 3 months do not need to pass either part of the knowledge test….”

Page 17 Agenda Item 5

3.2 All trade representatives have requested that the expiry date be extended - it is suggested a period of 2 years would avoid unnecessary further tests having to be taken when drivers have not been driving for a short period of time.

3.3 It is suggested the condition be amended to read:

“Existing drivers and driver applicants whose last licence is expired by less than 2 years do not need to pass either part of the knowledge test….”

4. Location of Door Signage For Private Hire Vehicles

4.1 A request has been received from a private hire operator to alter the condition at Part 7, 3(b) namely;

“Operator door signs must be displayed on both front doors of the vehicle whilst working….”

4.2 The suggested change of wording to this condition is:

“Operator door signs must be displayed on either both front or both rear doors of the vehicle whilst working….”

4.3 The change would merely require that the appropriate door signage is on either of the doors rather than just the front ones.

5. Request to Replace Internal Lights

5.1 Hackney Carriage trade representatives have asked if it was still necessary to have the illuminated internal light, because it was considered as a distraction to drivers and an unnecessary expense.

5.2 The matter was considered at the meeting of the Licensing and Regulatory Committee Spokespersons with Representatives of the Hackney Carriage and Private Hire Trades on 24 th January 2012 and it was resolved that a new internal Moglo (glow in the dark) licence plate should be made available to the hackney carriage trade which would replace the illuminated internal light.

5.3 It was agreed to purchase a quantity of these plates and a trial of their use commenced on 1 st February 2012. Trade feedback has indicated the Moglo licence plate has been a success. The new plates are gradually being replaced as licences come for renewal during the year.

5.4 As these plates are now issued as standard, the existing condition (Part 9, 3(e) of the Handbook):

“An illuminated interior identification sign, showing the Hackney’s licence number, shall be fitted inside every Hackney Carriage, and wired to the vehicle’s ignition system” ,

has become redundant.

Page 18 Agenda Item 5

5.6 It is therefore proposed to amend the condition to read:

“An illuminated interior identification sign wired to the vehicle’s ignition system or alternatively a Moglo Licence Plate, showing the Hackney Carriage’s licence number, shall be fitted inside every Hackney Carriage”,

until 2 nd February 2013 and after that date:

“A Moglo Licence Plate, showing the Hackney Carriage’s licence number, shall be fitted inside every Hackney Carriage”.

6 Request for a Change to Roof Signs (Non Metropolitan Vehicles)

6.1 The Hackney Carriage Trade in Sefton is made up of 271 vehicles, of which approximately 200 are Metropolitan-type vehicles and 70 are non-metropolitan- type vehicles (e.g. saloon, estate and MPV type vehicles). These vehicles are all required to display an illuminated roof sign. Hackney Byelaw 4 prohibits the display of any sign or advertisement unless approved by the Council. The approval for the existing roof sign is imposed by way of the Licensing Handbook’s Hackney Carriage Vehicle Proprietor’s licence conditions Part 9, No: 3 (f).

6.2 The Licensing Handbook’s Hackney Carriage Vehicle Proprietors licence conditions Part 9, 3(f) currently states:

“All Sefton Licensed hackney carriages shall bear a roof-sign identifying the vehicle and this sign shall:

(i) Unless fitted in a roof bubble, be white or yellow to the front and red to the rear; (ii) Display either the words “Taxi” or “Hackney Taxi”; (iii) Be securely attached to the vehicle; (iv) Be connected to the taximeter so that when the vehicle is available for hire the sign is illuminated when not hired, and not illuminated when hired”.

6.3 The North Sefton Hackney Carriage Association (NSHCA) have highlighted the fact that some vehicles are still using the old wording “Licensed Taxi” which should be amended to read “Taxi Hackney” (or “Hackney Taxi”) in respect of all non-metropolitan type vehicles unless manufacturer fitted with a roof bubble showing “TAXI”. All metropolitan hackney carriages as standard fit have “TAXI” on their roof bubble but with varying sizes. The NSHCA believe that it will make more visitors to the Borough aware that the various non-metropolitan vehicles may be ‘flagged’ down on the street. After discussions with the trade representatives, it was felt that a small minority of the current roof signs in use are also not of sufficient size.

6.4 By virtue of Section 64 of the Transport Act 1980 only licensed hackney carriages may lawfully display the word “TAXI” on a roof sign. Section 64 of the Transport Act 1980 does not preclude the display of words in addition to “TAXI” so there is no legal reason why the terminology “Taxi Hackney” or “Hackney Taxi” could not be used. Page 19 Agenda Item 5

6.5 The majority of the existing signs are of a sufficient size to merely need the word “Hackney” added and, in some cases, the word “licensed” removed. The North Sefton Hackney Association (NSHCA) has indicated that one of its members would be prepared to assist with the change for a small fee or free of charge in some cases. There are a number of signs that are below the suggested minimum size which will need replacing by the vehicle owners.

6.6 The Committee is asked to approve the proposals and agree the suggested alteration of the wording of the Licensing Handbook’s Hackney Carriage Vehicle Proprietors licence conditions Part 9, 3(f) to the following: “All Sefton Licensed hackney carriages shall bear a roof-sign identifying the vehicle and this sign shall: (i) Unless fitted in a roof bubble, be yellow to the front and red to the rear;

(ii) Metropolitan type vehicles and other vehicles with a manufacturer- fitted roof bubble must display the word “TAXI”;

(iii) All other saloon/ estate/ MPV hackney carriage vehicles must display the words “TAXI HACKNEY” or “HACKNEY TAXI” to the front of the sign;

(iv) Non manufacturer fitted roof signs shall have a minimum width of 420mm and minimum height of 110mm;

(v) The following words in BLACK BOLD UPPERCASE TEXT shall be displayed on the front, the size of which shall not be less than the dimensions as specified:

• The word “ TAXI ” shall have a minimum height of 70mm and a minimum width of 340mm when measured from the outer edge of the first letter to the outer edge of the last letter, all letters shall be in proportion with one another, with a minimum stroke size of 14mm; • The word “ HACKNEY” shall have a minimum height of 30mm and a minimum width of 220mm when measured from the outer edge of the first letter to the outer edge of the last letter, all letters shall be in proportion with one another, with a minimum stroke size of 8mm..

(vi) Be securely attached to the vehicle and maintained in a good condition with all wording clearly legible;

(vii) Be connected to the taximeter so that when the vehicle is available for hire the sign is illuminated and is not illuminated when hired”.

6.7 On 29 th June 2012, a letter was sent to all non metropolitan type hackney vehicle owners requesting feedback on the proposed changes to Condition Part 9 3(f). The closing date for feedback was 12 th July 2012. The feedback responses are attached to this report as Annex 1. Page 20 Agenda Item 5

7. Handbook Consolidation

7.1 It is intended to present the revised handbook for consideration at the Licensing and Regulatory Committee Spokespersons with Representatives of the Hackney Carriage and Private Hire Trades Meeting on 22 nd January 2013.

7.2 The revised handbook will be presented for adoption by the Licensing & Regulatory Committee on 11 th March 2013.

Page 21 Agenda Item 5

Annex 1

Consultation Responses

North Sefton Hackney Carriage Drivers Roof Light – yellow to front / red to rear Association (J Hannah / G Halsall) Alan Campbell - Knowledge Test – agree Door Signage – disagree Moglo – no issue, Roof Sign – signs should be same size & colour – vehicles should be liveried South Sefton Hackney Carriage Drivers (R Agree to all – roof light yellow to front – Jarman) phase in period to be fair North West Taxi Association (J Bridson / T Roof Light Yellow to front / red to rear Jones) A. Chadwick Agree with proposals exception change to roof sign condition is unnecessary R. Webber Roof Light – yellow to front / red to rear – minimum width of sign 18 inches M L Hannah Roof Light – yellow to front S. Oldham Roof Signs – agrees with proposals G Boyle Thank you for asking for my opinions re-the Roof Sign legislation-firstly I would like to say in these difficult times financially for all of us, that this will be another unnecessary cost burden for all of the non-metropolitan owners to bare.

Secondly it looks like positive discrimination against non-metropolitan hackney license holders as the word hackney does not need to be incorporated in those vehicles-perhaps they would like to pay for the changes necessary for this.

As per our current Government strategy you need to do a u-turn as this is not needed especially in a town with an ageing population which many of whom will not get in a Metropolitan cab.

All above responses received prior to consultation cut off date 12 th July 2012

Page 22