Agenda Item No. 1
Chair of a Regulatory Committee Role Description
1 Accountabilities
To Full Council To the members of the regulatory committee
2 Role Purpose and Activity
Provide leadership and direction Provide confident and effective management of meetings to facilitate inclusivity, participation and clear decision making Ensure that applicants and other interested parties are satisfied as to the transparency of the regulatory process Demonstrate integrity and impartiality in decision making which accord with legal, constitutional and policy requirements Delegate actions to sub committees as appropriate
Promoting the role of the regulatory committee and quasijudicial decision making Act as an ambassador for the regulatory committee, facilitating understanding of the role Act within technical, legal and procedural requirements to oversee the functions of the committee fairly and correctly Ensure thoroughness and objectivity in the committee, receiving and responding to professional advice in the conduct of meetings and in individual cases/applications before formal committee meetings
Internal governance, ethical standards and relationships Develop the standing and integrity of the committee and its decision making understand the respective roles of members, officers and external parties operating within the regulatory committee’s area of responsibility Promote and support good governance by the Council.
3 Values To be committed to the values of Denbighshire County Council and the following values in public office: Pride Integrity Respect Unity Chair of Regulatory Committee Person Specification
To fulfil his or her role as set out in the role description, an effective regulatory committee chair requires:
Providing leadership and direction
Ability to conduct meetings to ensure that applicants feel that they have been dealt with fairly and fully even if their application is refused Understanding of the Council’s role and ability to ensuring that stake holders are aware of that role Communication skills Knowledge of local issues Ability to manage the work of the committee Ability to support and develop necessary skills in fellow members of the committee
Promoting the role of the regulatory committee and quasijudicial decision making
Understanding and appreciation of the regulatory framework Ability to inspire and enthuse committee members for the work of the committee Integrity and the ability to set aside own views and act impartially Knowledge and understanding of the relevant code(s) of conduct and protocols and the ability to champion them
Internal governance, ethical standards and relationships
Knowledge and understanding of the Code of Conduct(s) and protocols Knowledge of and commitment to the values of the Council Agenda Item No. 4
Report to: Licensing Committee
Date: 23rd June 2010
Report by: Head of Planning and Public Protection
Subject: HACKNEY CARRIAGE FARES AND CHARGES Local Government (Miscellaneous Provisions) Act 1976
1. Purpose of Report
1.1 To consider requests for review of the current fares and charges for hackney carriages (taxis).
2. Background
2.1 The current fares were approved on the 12th June 2008 and became applicable from the 1st October 2008.
2.2 Details of the current fares are attached (Appendix A).
2.3 Following a request by members of the Denbighshire taxi trade forum, the Head of Planning Public Protection agreed to an annual review of the Denbighshire hackney carriage tariffs.
2.4 An extract from the National Private Hire Monthly magazine showing a ‘league table’ of taxi fares throughout the UK is attached (Appendix B).
2.5 Taxi fares applicable in Denbighshire are listed at number 232 from a total number of 380 U.K. wide.
2.6 A ‘league table’ (Appendix C) shows that of the 21 Welsh authorities Denbighshire is listed at seventh. The fare for a two mile daytime journey in Denbighshire is £4.90, with the highest and lowest fare within Wales for the same journey being, £5.40 (Pembroke) and £3.80 (Blaenau Gwent) respectively. The (Wales) national average for a two mile journey is £4.78.
2.7 Licensed hackney carriages must be equipped with a taxi meter that must be calibrated to the maximum fares and charges approved by the Council. As the approved fare is a maximum, drivers may charge less should they wish to do so. It is however, an offence to exceed the approved scale of fares.
3. Consultation
3.1 Officers of the Council’s Licensing section, in consultation with the taxi trade via the Denbighshire taxi forum, requested that members of the trade put forward suggestions as to the level of a tariff increase. All parties who put forward their views on the issue of tariffs up until the 31st May 2010 have been considered.
3.2 Officers consulted the Office of National Statistics and ascertained that the annual inflation rate for the period March 2008-10, in the Consumer Price Index(CPI) 3.7%, this cover items such as cost of insurance and vehicle (purchase & maintenance), and the Retail Price Index(RPI) 4.4% which includes fuel costs.
3.3 The annual inflation rates show major variations due to large fluctuations in the of price road fuels during the past 24 months, which has shown no sign of stabilising.
4. Proposal
4.1 Only one written proposal was put forward by a member of the taxi trade, other than that of the members of the taxi forum, who requested a rate of inflation increase based on an average three mile journey.
4.2 The licensee putting forward a proposal as to a tariff increase (Appendix D), has been invited to address the committee and will be given appox: 4/5 minutes to put forward his reasons for an increase in the hackney carriage tariff. Members will then have the opportunity to ask questions of the licensee after the presentation.
4.3 Officers have taken the proposal from the taxi forum and placed it in a tariff structure (Appendix E).
4.4 Waiting time, luggage (excluding shopping, carried outside the passenger compartment)and soiling charge, would remain unchanged from the current tariff.
5. Implementation
5.1 Should Members resolve to vary current fares and charges, it is suggested that licensees be given a reasonable period of time, 14 days, to alter meters.
5.2 Should the Committee Members approve any alteration to the current scale of fares, the Council must publish a public notice in at least one local newspaper circulating in the County, setting out the revised table of fares and specifying a period, which shall not be less than 14 days from the date of publication, within which objections can be made to the Council.
6. Power to Make Decision
6.1 Section 65 of The Local Government (Miscellaneous Provisions) Act 1976
7. Objections
7.1 If no objection is received, or if objection(s) are withdrawn, the varied scale fares shall come into operation on the date of expiration of the public notice; i.e. the 15th day.
7.2 If an objection is made and is not withdrawn, officers will report back to the Committee, when objections will be considered.
7.3 Members may then set a date when the revised table of fares and charges shall have effect with or without modification following consideration of the objection(s).
7.4 Officers have received a petition objecting to any form of tariff increase (Appendix F1-3).
8. Recommendation
8.1 Members may select to increase fares in line with the proposals submitted, increase fares in line with proposals of their own or indeed choose not to increase fares at all.
Appendix A
Appendix B
Appendix C
Appendix D
With regards to the proposal for a Fare increase, I would like to suggest that not only should there be an increase to match the rate of inflation with immediate effect but also that the scale of fares should be reviewed at least once every year and also take into consideration the large rises in oil prices which are seen to be rising well above normal rates of inflation on a regular basis.
I would also strongly suggest a tariff 2 from 23:00hrs-06:00hrs Monday to Thursday and then tariff 2 from 18:00hrs-06:00hrs on a Friday, Saturday and Sunday. We should be compensated for working unsociable days and hours and as such feel that the Licensing Section should act upon this with immediate effect.
Yours faithfully,
Justin Roberts, Licence Number:273.
Maximum Hackney Carriage Fares and Charges Proposal Appendix D
Tariff 1 Tariff 2 Between 06.00 and 23.00 hours Between 23.00 and 06.00 hours Mon to Thurs Start fare - £2.10 Start fare - £2.30 10 pence per 110 yards 10 pence per 73.33 yards Waiting time – 25p each minute Waiting time – 40p each minute
Public & Bank Holidays, Christmas Day, Boxing Day & New Years Day to be charged at Tariff 2 all day.
Fridays, Saturdays, Sundays, Christmas Eve & New Years Eve to be charged at Tariff 2 from 18.00 hours.
Luggage (excluding shopping) outside the passenger compartment 20p each item.
Soiling Charge £40.00.
Customers are advised to check the fare charged against the meter
Issued by the Head of Planning and Public Protection Service
Denbighshire County Council, Russell House, Churton Road, Rhyl. LL18 3DP. E-mail licensing’denbighshire.gov.uk ------
Appendix E
Maximum Hackney Carriage Fares and Charges Proposal Appendix E
Tariff 1 Tariff 2 Between 6 a.m. and midnight Between midnight and 6 a.m. Start fare - £2.10 Start fare - £2.30 10 pence per 110 yards 10 pence per 73.33 yards Waiting time – 25p each minute Waiting time – 40p each minute
Public & Bank Holidays, Christmas Day, Boxing Day & New Years Day to be charged at Tariff 2 all day.
Christmas Eve & New Years Eve to be charged at Tariff 2 from 6 p.m.
Luggage (excluding shopping) outside the passenger compartment 20p each item.
Soiling Charge £40.00.
Customers are advised to check the fare charged against the meter
Issued by the Head of Planning and Public Protection Service
Denbighshire County Council, Russell House, Churton Road, Rhyl. LL18 3DP. E-mail licensing’denbighshire.gov.uk ------
Appendix F1
Appendix F2
Appendix F3
Agenda Item No. 5
REPORT TO: Licensing Committee
DATE: 23 June 2010
LEAD OFFICER: Head of Planning and Public Protection
CONTACT OFFICER: Licensing Officer [email protected] 01824 706119 SUBJECT: Proposed Revised Conditions for Hackney Carriage and Private Hire Vehicles
1. PURPOSE OF THE REPORT
1.1 To seek Members approval on revised conditions for Hackney Carriage and Private Hire Vehicles in respect of:
1. Existing arrangements for Compliance Testing 2. Vehicle specification relating to age of vehicles
2. EXECUTIVE SUMMARY
2.1 Improving the safety, comfort and protection of all who are conveyed in Denbighshire County Council’s licensed hackney carriage and private hire vehicles is paramount.
Under the provisions of the Town Police Clauses Act 1847 and the Local 2.2 Government (Miscellaneous Provisions) Act 1976 a licensing authority has a duty to ensure that hackney carriage and private hire vehicles are of a suitable type, comfortable and in a suitable mechanical condition so as to be safe for the purpose.
3. BACKGROUND INFORMATION
3.1 In recent months a Hackney Carriage and Private Hire Working Group has been established and has met on three occasions.
3.2 The Working Group identified a number of priorities that required addressing, one being the condition of the existing fleet. 3.3 Trade representatives on the Working Group proposed that they wanted to amend an existing condition to remove the wording “in exceptionally good mechanical and bodily, interior and exterior condition which will be determined by an Authorised Officer of the Council”.
3.4 As a result of the above proposal by the trade, a short consultation exercise was undertaken with all Hackney Carriage Proprietors and Private Hire Operators welcoming their views on the same.
3.5 Unfortunately there was very little feedback from the consultation, and therefore proposals have been drawn up along with the County’s Fleet Management Section, as detailed in 3.7 below.
3.6 For Members information, the current conditions in respect of vehicle compliance tests and age of vehicles are inconsistent for Private Hire and Hackney Carriage Vehicles. The existing conditions states:
PRIVATE HIRE VEHICLES HACKNEY CARRIAGE VEHICLES Section 2.1(g) All vehicles must be Section 3.1(f) Cars no older than 7 under 5 years old from the date of years old from the date of first first registration, and on registration, unless in subsequent licence be in exceptionally good mechanical exceptionally good mechanically and bodily, interior and exterior and bodily, interior and exterior condition, which will be condition. determined by the Council’s Licensing Officers. Section 2.18 All vehicles will be required to undergo a 6 monthly Section 3.24 “All vehicles will be compliance and emissions test at required to undergo a 6 monthly a Council nominated testing compliance test at one of the station (to include the testing if Council’s nominated testing required of any mechanical, stations pneumatic and hydraulic lifts or ramps and any other equipment Section 3.24a “Upon expiry of the required to access the vehicle). 6 monthly compliance test, vehicles older than 7 years from Section 2.19 “upon expiry of the 6 the date of first registration, will be monthly compliance test, vehicles required to be inspected by the older than 5 years from the date of Council’s Licensing Enforcement first registration must produce for Officer before a further inspection to the Council’s compliance test is undertaken Licensing Enforcement Officer prior to being tested. If the vehicle is considered suitable a ‘Pre- Compliance Test Check’ form will be issued, this must be produced to the Council’s Authorised Testing Station when the vehicle is submitted for testing
It is proposed to implement the following testing station regime for both Hackney Carriage and Private Hire Vehicles:
3.7 VEHICLES NEW TO FLEET:
1. All vehicles NEW to fleet will be required to carry out the initial Compliance Test at the County’s Licensed Testing Station in Bodelwyddan, 2. All vehicles under 5 years, from the date of first registration will require a further Compliance Test 6 months later at any Licensed Testing Station within the County 3. All vehicles over 5 years old from the date of first registration, will require a further 2 compliance tests, at four monthly intervals at any Licensed Testing Station within the County 4. Vehicles over 5 years old, from the date of first registration, need to be in exceptional condition to be determined by the County’s Licensed Testing Station in Bodelwyddan. In these circumstances, exceptional means “showroom condition”, and that it is a vehicle maintained to an exceptional standard, such as limousines and large quality saloon cars. 5. Testing Stations will be required to remove the plate of any vehicle that is presented for repair or testing if that vehicle is in such a condition that would mean it would not pass a compliance test at that time. Before that vehicle is permitted back into service as a licensed vehicle it must be presented to a Licensed Testing Station in the County for an additional Compliance Test
EXISTING LICENSED VEHICLES:
6. All vehicles under 5 years, from the date of first registration, will be required to undergo 6 monthly Compliance Tests at any Licensed Testing Station within the County 7. All vehicles over 5 years old from the date of first registration, will require 1 Compliance Test per year from the County’s Licensed Testing Station in Bodelwyddan and 2 Compliance Tests per year at any Licensed Testing Station within the County. Each test will be taken at four monthly intervals 8. Testing Stations will be required to remove the plate of any vehicle that is presented for repair or testing if that vehicle is in such a condition that would mean it would not pass a compliance test at that time. Before that vehicle is permitted back into service as a licensed vehicle it must be presented to a Licensed Testing Station for an additional Compliance Test.
3.8 As mentioned above the current testing regime is 2 six monthly tests per year, and for vehicles older than 5 years (for Private Hire) and 7 years (for Hackney Carriage), an examination by a Licensing Officer as to the general condition is carried out. Should Members be minded to approve the proposals as detailed in 3.7 above, this examination would be converted to the Compliance Test that will be carried out by a qualified vehicle examiner and will be applied to all licensed vehicles. This will improve the appearance and comfort of vehicles, and be an important element in ensuring that a similar standard is applied to all vehicles.
3.9 For Members information the current age profile of vehicles licensed with the Authority are detailed below:
DATE VEHICLE NUMBER DATE NUMBER FIRST LICENSED VEHICLE LICENSED REGISTERED PRIVATE FIRST HACKNEY HIRE REGISTERED CARRIAGE VEHICLES VEHICLES 2009 1 2010 2 2008 1 2009 3 2007 2 2008 16 2006 4 2007 26 2005 4 2006 19 2004 6 2005 25 2003 9 2004 26 2002 11 2003 27 2001 6 2002 24 2000 5 2001 26 1999 10 2000 19
1998 2 1999 11
1996 1 1998 5
1995 1 1997 6
1996 3 Average Number of Vehicles 5 years and under 103 Average Number of Vehicles over 5 years old 198
3.10 Members are reminded that any proposed changes to the existing conditions requires full consultation with the private hire and hackney carriage trade before it can be implemented.
3.11 Members are further reminded that if any relevant objection is received within the consultation period that the matter will need to be reconsidered by the Licensing Committee.
4. RECOMMENDATIONS
4.1 That Members consider the proposals as detailed in 3.4 above and recommend that they either:
1) retain the current compliance testing regime as detailed in the current Hackney Carriage and Private Hire Conditions.
2) approve the new proposed conditions, subject to full consultation, as set out in this report which will improve the reliability, safety and overall standards of hackney carriages and private hire vehicles within the County
Agenda Item No. 6
REPORT TO: Licensing Committee
DATE: 23 June 2010
LEAD OFFICER: Head of Planning and Public Protection
CONTACT OFFICER: Licensing Officer [email protected] 01824 706119 SUBJECT: Proposed Testing Station Licensing Regime
1. PURPOSE OF THE REPORT
1.1 To seek Members approval to introduce a Licensing regime for nominated Testing Stations who carry out Compliance Testing for Hackney Carriage and Private Hire Vehicles to enable regulation and enforcement, therefore ensuring consistency across the Testing Stations.
2. EXECUTIVE SUMMARY
2.1 Improving the safety, comfort and protection of all who are conveyed in Denbighshire County Council’s licensed hackney carriage and private hire vehicles is paramount.
2.2 Under the provisions of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 a licensing authority has a duty to ensure that hackney carriage and private hire vehicles are of a suitable type, comfortable and in a suitable mechanical condition so as to be safe for the purpose.
2.3 By introducing a licensing process for nominated Testing Stations, should improve the consistency and compliance across the County.
3. BACKGROUND INFORMATION
3.1 In recent months a Hackney Carriage and Private Hire Working Group has been established and has met on three occasions.
3.2 The Working Group identified a number of priorities that needed visiting,
one being the existing Testing Station regime that is currently in place. It was felt that there was a lack of consistency on testing throughout the existing nominated Testing Stations.
3.3 Denbighshire currently have 13 nominated Testing Stations throughout the County, one being the County’s Fleet Management Centre in Bodelwyddan.
3.4 The fees charged by the nominated Testing Stations are set by the individual garages and range from £25 to £55 per test. The variation in the cost of tests causes some concern. There is a strong likelihood that competitive pricing may be linked to a reduction in the quality of testing. A separate report will be prepared, for a future Committee meeting, on the possibility of setting a standard fee for testing across all of the County’s Licensed Testing Stations should Members be minded to approve the proposal as detailed below.
3.5 Officers from Licensing and Fleet Services have met with existing
Testing Stations to discuss the future testing station regime and as a result of that meeting the following proposals are put forward for consideration by Members of the Licensing Committee:
1. To introduce a process for licensing all nominated Testing Stations within the County that carry out Compliance Tests on behalf of the Council, to enable regulation and enforcement, therefore ensuring consistency across the Testing Stations. 2. To utilise experts that exist within the County’s Fleet Management Section to ensure the Council’s Policy in relation to standards is
appropriate and consistent across the County to ensure safety and
comfort of passengers is maintained. 3. Testing Stations will be required to record information regarding testing requirements as deemed necessary by the Council, and submit the information within 24 hours of the test by FAX to Fleet Services Department at Bodelwyddan and submit on a weekly basis a report to the Licensing Administration Team of all vehicles that have been tested within the last seven days, whether the vehicle has passes/failed/advised. 4. Testing Stations will be subject to supervisory visits from suitably qualified persons who, on demand, will afford the opportunity to
view the testing process and examine any equipment being used
to carry out the test. 5. Testing Stations will comply with and follow the “Best Practice Guide National Inspection Standards for Hackney Carriage and Private Hire Vehicles” issued by the Public Authority Transport Network (PATN).
3.6 Members have already set a fee structure to enable the Authority to licence nominated Testing Stations at a previous Licensing Committee. This fee was set at £150 on application and £100 annual renewal thereafter.
4.0 RECOMMENDATIONS
4.1 That Members consider approval of the proposals as detailed in 3.5 above, and if Members are minded to approve such proposals to amend the existing Hackney Carriage and Private Hire Conditions to reflect the above proposal.
Agenda Item No. 7
REPORT TO: Licensing Committee
DATE: 23 June 2010
LEAD OFFICER: Head of Planning and Public Protection
CONTACT OFFICER: Licensing Officer [email protected] 01824 706119 SUBJECT: Proposed implementation of a Knowledge Test for Hackney Carriage and Private Hire Applicants
1. PURPOSE OF THE REPORT
1.1 For Members to consider the implementation of a Knowledge Test to form part of the existing application process for proposed Hackney Carriage and Private Hire Drivers and existing Licensed Drivers on renewal.
2. EXECUTIVE SUMMARY
2.1 Improving the safety, comfort and protection of all who are conveyed in Denbighshire County Council’s licensed hackney carriage and private hire vehicles is paramount.
The introduction of a basic Knowledge Test will assist Officers in 2.2 assessing the suitability of prospective and existing licence holders to
carry out their role as a licensed driver.
3. BACKGROUND INFORMATION
3.1 The Council has a duty not to grant drivers licences unless it is satisfied that the applicant is a fit and proper person to hold a licence.
3.2 Currently, applicants for a licence to drive a Hackney Carriage and
Private Hire Vehicle within the County are required to be checked by the Criminal Records Bureau (CRB) for any convictions; have held a full driving licence for at least one year ; and a medical is also required of the applicant to ensure he/she is medically fit to drive.
Other licensing authorities, including Conwy County Borough Council, 3.3 require that new applicants undergo this type of assessment.
3.4 The proposed Knowledge Test (sample test can be found at Appendix A) for a combined Hackney carriage and Private Hire Driver Licence would cover the following topics:
SUBJECT NUMBER OF PASS MARK QUESTIONS Knowledge of local 3 2 geography, including routes
Knowledge of 3 2
Hackney Carriage and Private Hire Conditions Location of Hackney 3 2 Ranks and Tariffs Numeracy and 3 2 Customer Care Skills Highway Code 3 2 Routine Vehicle 3 2
Maintenance
3.5 Applicants may choose to apply for just a Private Hire Licence, the Knowledge test would therefore not include questions specific to Hackney Carriage.
Officers are receiving an increasing number of applications from persons 3.6 who are newly resident in the UK, some of whose ability to understand and communicate with service users needs to be addressed.
3.7 It is for this reason the test is proposed to be carried out verbally, as it is also intended to be a test of the applicants ability to understand and speak English.
3.8 For Members information the proposed test would be available to be taken in Welsh.
It is proposed not to charge new applicants for the initial test, and if they 3.9 fail that first test then a second test may be taken, no sooner than a week later, at no extra charge. If the applicant fails the second test then it is
further proposed to charge £15 per test thereafter. Only one test a week per applicant can be taken.
It is also proposed to introduce the knowledge test on existing licensed 3.10 drivers. This will take place on their next renewal date. As detailed in 3.9 above, there would be no charge for the first and second test, but any
subsequent test would be charged at £15 per test. A monthly Badge will
be issues until such time as the applicant has passed the test. If the applicant fails to pass the knowledge test within 6 months of the date of renewal then the applicant will be referred to the Licensing Committee for determination as to whether the applicant is a fit and proper person to hold such a licence.
By introducing a basic knowledge test for new and existing applicants, 3.11 as detailed in 3.4 above, Officers will be in a position to ensure that all licensed driver will have gained a thorough understanding of what is expected of a licensed driver in the County.
4. RECOMMENDATIONS
4.1 That Members consider the proposals as detailed in 3.4 to 3.10 above.
APPENDIX A
Joint Hackney Carriage & Private Hire Driver Knowledge Test Please note: to pass, you must have answered correctly two out of three questions in each subject area. Subject Questions Answers 1. Where is Rhyl Sun Centre / Pavilion Theatre? 1.
2. Where is the main council office in Ruthin? 2. Knowledge of local
geography, including
routes 3. When travelling from Rhyl Railway Station to holiday centres 3. in Towyn in Conwy County Borough Council, which is the shortest route via the Rhyl one way system?
1. Who must hackney carriage drivers notify if they are 1. convicted of any offence?
Knowledge of Hackney 2. On reaching a taxi stand which is full, what must you do? 2. Carriage and Private Hire
Conditions
3. What is the difference between hackney carriage and private 3. hire vehicles?
1. Name the location of the rank in South Denbighshire? 1.
2. Name the location of 3 ranks in North Denbighshire? 2.
Location of Hackney Ranks and Tariffs 3. This question relates to the Council’s table of fares and how 3. would they apply to the following situation:
Three people with a case each, being carried a distance of two miles on a bank holiday afternoon.
1. As a licensed driver, you will undoubtedly be asked for a 1. receipt for the fare, please can you write me a receipt for a fare of £4.65, including pick-up point and destination.
Numeracy and Customer 2. What would you do if there was a member of the public 2. Care Skills struggling with luggage or entry to your vehicle?
3. At the first point of contact with a customer, what should you 3. do?
1. What is the nearest you may park to a junction? 1. A) 10 meters B) 12 meters C) 15 meters or D) 20 meters
2. 2. What sign does this indicate?
3. When is it illegal to cross a double white line system: 3. Highway Code A) To overtake a pedal cycle
B) To overtake a slow moving tractor
C) To overtake a horse
D) To overtake a vehicle cutting the hedge
E) All of the above – you are not allowed to overtake on a double white line system
1. What safety equipment must you always carry in your 1. vehicle?
Routine Vehicle 2. When taking charge of a hackney carriage or private hire 2. Maintenance vehicle, what physical checks should you carry out?
3. What’s the minimum legal tyre tread depth across the width 3. of the tyre?
Agenda Item No. 8
Report to: Licensing Committee
Date: 23rd June 2010
Report by: Head of Planning and Public Protection
Subject: Information Report on the Future Provision of Hackney Carriage Stands in Denbighshire. Local Government (Miscellaneous Provisions) Act 1976
1. Purpose of Report
1.1 To inform members of the work of the taxi rank working group set under the Denbighshire Taxi Forum.
1.2 A separate report covers the short term objectives with regards to immediate changes to hackney stands (ranks).
1.3 Set out the medium to long term need for further ranks within county, to improve the service the hackney carriage trade provides to the people of Denbighshire.
2. Background
2.1 Members should note that since the removal of limits on the numbers of hackney carriages; within Denbighshire, the number of licensed vehicles has doubled.
2.2 The present number of hackney carriages licensed in Denbighshire is 263 with no sign of the growth in numbers slowing down.
2.3 Licensing officers have put forward a number of proposals to increase rank numbers with limited success, with a major barrier being on street parking restrictions.
2.4 Currently there are 64 rank spaces marked up on 9 ranks throughout the county, additionally there is a temporary hackney stand on the bus station site in Prestatyn, in use during construction work being undertaken on the railway station in the town.
3. Outline Proposals
3.1 Rhyl – A ranking running westwards on Wellington Road from the junction with Water Street with a pull in loading lay-by on the wide area of pavement outside the main post office entrance, this would allow a natural flow back in to the traffic and insure that first car on the rank is the easy choice for passengers to take when arriving from the popular shopping and leisure venues within the town centre. With the redevelopment of West Rhyl this would be an ideal time to attempt to change placement of what has always been seen as a public transport hub with the rank currently in Water Street and prior to that in Queens Street. By taking steps to arrange these changes in line with the redevelopment of West Rhyl rather than as an after thought, as has been the case in the recent past. This proposal would also allow the main area of the night time economy namely (Water Street) to free of heavy traffic during the peak times that the bars and clubs are open.
3.2 Prestatyn – With the eventual arrive of Tesco’s and other major retail operator’s it is essential that taxi element of the local transport serve’s both the new retailers and the traditional high street business as well as train/bus stations and the night time economy. It is there for proposed that the current temporary rank on the bus station remain a full time rank, and that improvements be made to the positioning of the railway station rank, along with a commitment to placing a rank in suitable place to suit the new developments expected in the near future.
3.3 Denbigh – The need to place a rank in the central of Denbigh has long been acknowledged and the current parking bay outside the Co-Op store on Hall Square has been identified by the trade as ideal to suit both shoppers and the night time economy. The bus terminus at the Morrisson’s supermarket would also be ideal for a rank operating from 8am to 8pm, with planned redevevolment of the former Kwik Save site officers with look at opportunities to provide a rank within the plans of the development.
3.4 Ruthin – The focal point of the town is St Peter’s Square with all streets on which retailers operating from converging upon the square, and the majority of town centre public houses being on or round the St Peter’s Square.
4. Authority
4.1 Officers request the committee’s authority to engage with other council departments and external bodies to archive the best possible outcome for the travelling public and the hackney carriage trade.
5. Consultation
5.1 Officers will build on current relationships with planning, development services and highways within the council, the licensing department will attempt to foster joint working initiatives with developers, retailers, companies involved with the delivery of public transports services (bus/rail) and private land owners, to look towards the best solutions for the people of Denbighshire. . 6. Objectives
6.1 To bring future licensing committee reports for the installation of taxi ranks to meet the needs of the modern and vibrant town centres in the north of the county and ranks that blend in the historical towns and rural communities in south Denbighshire.
6.2 To ensure that the travelling public of Denbighshire have access to first class public transports services which offer a real alternative to private cars.
6.3 To aspire to the Council’s Green Dragon Environmental Policy and vision of Denbighshire being dynamic, delightful and different.
Agenda Item No. 9
REPORT TO: Licensing Committee
DATE: 23 June 2010
REPORT BY: Head of Planning and Public Protection
SUBJECT: Hackney Carriage Stand, Water Street, Rhyl – proposed increase of spaces
1. PURPOSE OF THE REPORT
To request that members consider designating additional space(s) for the hackney carriage stand in Water Street, Rhyl
2. BACKGROUND INFORMATION
2.1 Members should note that since the removal of limits on the number of hackney carriage within Denbighshire the number of licensed vehicles has increased. The majority of the hackney carriages are in Rhyl.
2.2 The present number of hackney carriages licensed in Denbighshire is 263. There are currently only 69 hackney carriage spaces in Denbighshire, 5 of these, at the marine lake are unmarked.
2.3 Licensing officers have put forward a number of proposals to increase rank numbers with limited success, with a major barrier being on street parking restrictions.
2.4 Officers have had a number complaints and problems regarding licensed vehicles, parking on double yellow lines, parking in areas reserved for general parking, and blocking the area immediately outside Christ Church, on Water Street in Rhyl.
2.5 A full review of all ‘ranks‘ across the county is taking place, and this will lead eventually to some firm proposals. Proposals being put forward in this report are an interim measure to alleviate some of the pressure that exists in Rhyl, where the majority of hackneys operate.
3. PROPOSAL
3.1 To increase the available space for hackney carriages to ply for trade.
3.2 To extend the hackney carriage stand on water street, from the existing stand to the junction of Water Street, with Sussex Street. The exception being that the designated loaded bay outside Christchurch be specifically designated so as not to permit taxis to stand, pick up or wait for fares
3.4 It is proposed that the first off the rank rule apply to this rank and that this extra designated area will effectively be a feeder rank for the existing rank.
3.5 The proposed new vehicle stand area if agreed would provide an extra 8 spaces for hackney carriages in Water Street in Rhyl.
3.6 Should Members resolve to appoint a hackney carriage stand on this site; the resolution will be subject to public notice, allowing objections to be made in writing within 28 days of the publication of the public notice. This will also incorporate formal consultation with Highways and North Wales Police.
4. POWER TO MAKE THE DECISION
4.1 Section 63 - Local Government (Miscellaneous Provisions) Act 1976.
5. IMPLICATION ON OTHER POLICY AREAS
5.1 The Licensing Act 2003 has 4 main principles; the installation of a hackney carriage stand would impact positively on the reduction of crime & disorder, prevention of public nuisance and promotion of public safety. Section 17 of the Crime & Disorder Act 1998 – states that a local authority “without prejudice to any other obligation imposed upon it, it shall be the duty of each authority to exercise its various function with due regard to the likely effect on the exercise of those function on, and the need to do that it reasonably can to prevent crime and disorder in its area.”
5.2 The rank is sited within the hub of the night time economy, and would increase the effectiveness of the public transport system.
5.3 The balance between parking spaces for customers, and the aims of the local authority to contribute towards regeneration, the needs of disabled persons, all need to be balanced, and recognised as competing for the available highway space in this area. . 6. COST IMPLICATIONS
6.1 Minimal cost for the Environment Directorate in terms of marking up and placing signage at the rank. Cost to be contained within existing budgets
7. RECOMMENDATIONS
7.1 That members indicate support in principle for the extra 8 rank spaces, subject to a final decision when the consultation is complete.
Agenda Item No. 10
Report to: Licensing Committee
Date: 23 June 2010
Report by the Head of Planning and Public Protection
Regulation and Enforcement of Licensed (Hackney Carriage & Private Hire) Drivers
1. Purpose of the Report
1.1 To introduce measures for the regulation and enforcement of the Licensing of Hackney and private hire drivers, operators, and their premises.
2. Executive Summary
2.1 In recent months a Taxi Driver’s Forum has been established, and working groups of drivers, operators, members, and officers have been looking at various issues within the trade that could do with improvement.
2.2 Real concern has been expressed about the conduct and operation of some drivers and operators who are giving the trade a bad name, and the consensus of opinion is that enforcement work needs to be increased.
2.3 The position in relation to the Bye-laws is unclear. While information indicates that the previous Rhuddlan Borough Bye laws were adopted, it is less clear about the other areas that were joined to form Denbighshire, and indeed copies of the Bye-Laws are not readily available.
2.4 As a consequence any enforcement done presently is either under Road Traffic Legislation (usually by the police and with all other motorists) or in relation to specific complaints about drivers where public safety is at risk, and dealt with by committee report.
2.5 The introduction of a points based system for drivers will allow Enforcement Officers to award points to drivers who digress, giving them the opportunity to improve, but also allow those persistently offending to be identified and sanctioned accordingly.
2.6 The points allocated to drivers would be four for the most serious offences, and one for less serious, and those in between attracting 2 or 3 depending on seriousness.
2.7 Appendix1 attached to this report is draft document explaining the procedure and arrangements.
3. Licensing Committee Outcomes
3.1 The committee acknowledges the progress being made by the working groups and that the motivation for making changes to the way that Hackneys and Private Hire are operated in Denbighshire is for the overall improvement of the ‘Taxi Fleet’ and the standard of drivers.
3.2 That the standard of drivers and operators is generally very good, but the apparent increase in ‘non-vocational’ drivers has seen standards drop in some areas. 1
3.3 That this is part of a number of measures that will be introduced over the next 12 months that collectively will lead to the sustained improvement of the ‘Taxi Fleet’.
3.4 The Committee review the draft procedures for ‘points based’ enforcement, and make any changes they feel necessary.
4. Recommendations
4.1 The Licensing Committee adopts the ‘points based’ enforcement procedure
5. Background
5.1 General
Hackney carriages and private hire vehicles play an important part in local transport. Hackney carriage and private hire vehicles are a flexible form of public transport that can play an increasingly important role in improving accessibility. Hackney carriages and private hire vehicles are used by all social groups.
Whilst the operation of a successful Hackney Carriage and Private Hire vehicle service is important to the economic well-being of Denbighshsire, it is equally important that the service provided by the trade is properly regulated in order to in still confidence in the travelling public who wish to use the service.
Enforcement of hackney carriage and private hire matters is undertaken by the Council. The police may also take action in certain circumstances.
Officers of the Council (usually Licensing Enforcement Officers) are authorised by the Council to undertake enforcement work.
The Head of Planning and Public Protection may authorise such officers. In undertaking such work the Officers will abide by the appropriate Enforcement Policy Statement.
Enforcement work includes routine checks and inspections, investigating complaints made about drivers, vehicles and operators in addition to matters observed by Officers e.g. vehicle defects.
The purpose of this policy is so Council can consider circumstances of concern even though a conviction has not been obtained or the conduct does not amount to a criminal offence.
The aim of local authority licensing of the hackney carriage and private hire operators is to protect the public. Denbighshire County Council (the Council) is aware that the public should have reasonable access to hackney carriages and private hire vehicles because of the role they play in local public transport provision.
A hackney carriage is a public transport vehicle with no more than 8 passenger seats, which is licensed to "ply for hire". This means that it may stand at ranks or be hailed in the street by members of the public. Private hire vehicles must have no more than 8 passenger seats but they must be booked in advance by customers through an operator and may not ply for hire in the street.
2 The Council is responsible for licensing hackney carriage and private hire vehicles in Denbighshire.
5.2 Powers and Duties
The Council has adopted Part 2 of The Local Government (Miscellaneous Provisions) Act 1976, as amended. This legislation, together with the provisions of The Town Police Clauses Act 1847, place on the Council the powers and duties to carry out licensing functions in respect of hackney carriage and private hire licensing. As such the Council is responsible for the licensing of private hire drivers, vehicles and Operators and hackney carriage drivers and vehicles.
5.3 Objectives
The objectives of this Policy are as follows:
To protect consumers interests by: ensuring that safe, clean, reliable and accessible hackney carriage and private hire vehicles are available for all who require them ensuring that drivers and private hire operators are fit and proper persons.
To provide clarity for licensees with respect to the Council’s expectations and the decision making process
To encourage high standards of service and competence in the hackney carriage and private hire trade.
This Policy shall also apply in respect of disciplinary and enforcement measures
• Private hire vehicle
• Private hire driver
• Private hire operator
• Hackney carriage driver
• Hackney carriage proprietor
• Combined hackney carriage and private hire driver
5.4 Methods
The methods to be employed will be:
Setting the standards for the licensing of drivers, vehicles and operators
Periodical and routine inspection of vehicles, with appropriate follow up action
Routine inspection of insurance policies and MOT certificates, with appropriate follow up action
3 Investigation of complaints with appropriate follow up action
Liaison with the Police and other agencies regarding issues of mutual concern in relation to offences or the conduct of licensees.
Liaison with the hackney carriage and private hire trade by way of open meetings and the issue of newsletters
Taking enforcement and/or disciplinary action including the issue of prosecution proceedings, verbal and written warnings, cautions, suspension or revocation of licences for breaches of legislation or conditions.
Conditions attached to licences
The issue of guidance notes (Appendix 1)
5.5 Enforcement
Enforcement of hackney carriage and private hire matters is undertaken by the Council. The police may also take action in certain circumstances.
Officers of the Council (usually Community Safety Enforcement Officers) are authorised by the Council to undertake enforcement work.
The Head of Planning and Public Protection may authorise such officers. In undertaking such work the Officers will abide by the appropriate Enforcement Policy Statement.
Enforcement work includes routine checks and inspections, investigating complaints made about drivers, vehicles and operators in addition to matters observed by Officers e.g. vehicle defects.
The purpose of this policy is so Council can consider circumstances of concern even though a conviction has not been obtained or the conduct does not amount to a criminal offence.
The Head of Planning and Public Protection may take appropriate disciplinary action against licensees in accordance with this policy.
6. Consultation
The proposals have been discussed and agreed by the taxi drivers working group..
7. Background Papers
1. Strategic objectives for Licensing 2010/2011
Contact Officer: Community Safety and Enforcement Manager 07919 690
4 Appendix 1
Section A
Enforcement & Discipline
• Whilst the operation of a successful Hackney Carriage and Private Hire vehicle service is important to the economic well-being of Denbighshire, it is equally important that the service provided by the trade is properly regulated in order to in still confidence in the travelling public who wish to use the service.
• Enforcement of hackney carriage and private hire matters is undertaken by the Council. The police may also take action in certain circumstances.
• Officers of the Council (usually Community Safety Enforcement Officers) are authorised by the Council to undertake enforcement work.
• The Head of Planning and Public Protection may authorise such officers. In undertaking such work the Officers will abide by the appropriate Enforcement Policy Statement.
• Enforcement work includes routine checks and inspections, investigating complaints made about drivers, vehicles and operators in addition to matters observed by Officers e.g. vehicle defects.
• The purpose of this policy is so Council can consider circumstances of concern even though a conviction has not been obtained or the conduct does not amount to a criminal offence.
• The Head of Planning and Public Protection may take appropriate disciplinary action against licensees in accordance with this policy.
Section B
The Licensing Committee
Introduction
1. The Council’s Licensing Committee exercises the Council’s functions in relation to the licensing of Hackney Carriage vehicles, Hackney Carriage drivers, Private Hire vehicles, Private Hire operators and Private Hire drivers under the Town Police Clauses Act 1847, the Local Government (Miscellaneous Provisions) Act 1976 and other relevant legislation
2. When considering any matter Licensing Officers and the Licensing Committee will have regard to the Council’s Private Hire and Hackney Carriage Policy
Determination Of Appeals, Disciplinary Or Referred Matters Concerning Individual Licensees/Applicants By The Licensing Committee
• Decision making in relation to licensing is an onerous duty, dealing with both the livelihood of the Licensee/Applicant and the possible risks to the safety and comfort of the public.
• When the Committee considers such matters concerning a Licensee/Applicant it is operating in a quasi-judicial capacity and the rules of natural justice must be observed, the Licensee/Applicant must be treated fairly and be seen to be treated fairly. The Committee must be impartial, unbiased and act in good faith
• The Committee is required to make judgements based on the evidence submitted to it. It is not the Members’ role to sit as advocates of either the Head of Planning and Public Protection/the Police or the Licensee/Applicant but to weigh the merits of the case as presented - ensuring that the proper considerations are taken into account and irrelevant factors are ignored, thereby reaching a balanced decision. The Committee must also state the reasons for its decisions.
• Only Committee members who have heard the entire application/appeal/disciplinary matter are able to take part in the decision making process.
• Committee members should not participate in the hearing of a matter if there is apparent bias. This can arise where a member’s outside connections make it appear that there is a real danger of bias or a member has a prejudicial interest. Personal interest in a matter under consideration must be declared. Where a prejudicial interest exists the member must withdraw from the meeting room.
• A prejudicial interest exists where a member has a personal interest which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice their judgement of the public interest and it either
• affects the financial position of the relevant person or body; or
• relates to the determination of any approval, consent, licence, permission or registration in relation to that person or body
Disciplinary Or Referred Matters
In accordance with the Council’s constitution, the Committee is authorised to:-
• “determine the appropriate disciplinary action (if any) to take against licensees referred to it by the Head of Planning and Public Protection” and to
• “determine any licensing application or other matter concerning individual licensees referred to it by the Head of Planning and Public Protection”
When considering a referred matter e.g an application for a licence, the Committee will have regard to the appropriate section of the policy.
Appropriate disciplinary action can take a number of forms, for example:-
• Revocation of a licence
• Refusal to renew a licence
• A warning letter expressing the Council’s dissatisfaction with the Licensee’s behaviour, whilst also advising that future conduct incompatible with that expected of a Licensee could lead to a revocation or refusal to renew
• Additional conditions if considered reasonably necessary may be attached to a licence when it is renewed (note: conditions cannot be attached to a Hackney Carriage Driver’s Licence)
The action to be taken in any particular case will depend on the seriousness of the conduct/conviction/medical condition concerned.
Licensing Committee - Procedure Note The Licensing Committee hearing aims to ensure that the Licensee/Applicant and complainant (where applicable) have the fullest opportunity to present all of the information they wish. The Committee is required to give full and fair consideration to the cases presented by the Officers and the Licensee/Applicant and must reach a decision based on all of the relevant information presented to it at the hearing. To achieve this, the following procedure is adopted:
Before the Hearing
Where the Head of Planning and Public Protection refers a matter to the Licensing Committee for determination he shall inform the Licensee/Applicant of this and will submit a report to the Committee.
A full copy of the report to Committee and the procedure to be followed at the hearing is supplied to the Licensee/Applicant by Democratic Services. Copies of the Private Hire and Hackney Carriage Policy are available on the internet or upon request from the Licensing Office. Licensees/ Applicants are strongly advised to read this document when preparing for the hearing
The Licensee/Applicant shall be given notice in writing at least seven days in advance of the time and place of the hearing and of his right to be accompanied by a friend or other person, including a solicitor, and shall be allowed to call witnesses
The Licensee/Applicant shall also be given the opportunity to submit a written statement of his/her case or other supporting documents prior to the hearing. Documentation should be provided to Licensing Department in advance of the hearing, if it is not, or if the Committee has not had sufficient time to consider the documentation the Committee may refuse to accept the documentation or it may be necessary for consideration of the case to be deferred.
Absence Of The Licensee/Applicant
The meeting may proceed in the absence of the Licensee/Applicant if they have informed the Licensing Authority or the Committee Services Officer that they do not wish to attend or be represented at the hearing. If the Licensee/Applicant would like the meeting to be adjourned to enable them to attend then they must make this clear and provide reasons for the request.
If the Licensee/Applicant fails to attend or be represented at a meeting without notifying the Licensing Authority or Democratic Support Officer, the Committee may adjourn the hearing to a specific date if it considers it to be appropriate to do so, alternatively it may proceed with the meeting in their absence.
Where it is decided to proceed in the absence of the Licensee/Applicant the Committee will consider the information they have supplied along with the report from the Head of Planning and Public Protection.
If a decision is made to adjourn a hearing the Licensee/Applicant will be advised of the new date, time and venue.
At The Hearing
Members of the Committee may ask questions at all stages
The Head of Planning and Public Protection or his representative shall present a report in the presence of the Licensee/Applicant and his/her representative and may call witnesses.
The Licensee/Applicant and/or his/her representative shall have the opportunity to ask questions of the information provided by the officers and any witnesses called.
The Licensee/Applicant and/or his/her representative shall then put his/her case and shall call such witnesses as he/she wishes
The Licensing Committee and the officers and witnesses shall have the opportunity to ask questions of the Licensee/Applicant and/or his/her representative and any witnesses called by or on behalf of the Licensee/Applicant
The officer presenting the report and the Licensee/Applicant and his/her representative shall have the opportunity to sum up their case if they so wish. If all parties opt to sum up, the Licensee/Applicant or his/her representative may speak last
The Licensee/Applicant and his/her representative, officers and any witnesses shall withdraw from the meeting. Officers from Legal and Committee Services will remain in the meeting to provide procedural and legal advice.
The Licensing Committee shall deliberate in private, only recalling the Licensee/Applicant or his/her representative and officers to clear points of uncertainty. If this occurs all parties will be invited back into the hearing together. If the Committee has no additional queries then all parties will be called back into the meeting when the Chairman of the Committee will announce the decision of the Committee.
348. The Licensee/Applicant will be notified of the Committee’s decision and the reasons for it in writing, usually within five working days. Where a licence has been revoked or a renewal has been refused written notice must be given within fourteen days.
Appeal to The Court
There is a statutory right of appeal to the Magistrates Court in relation to
• a refusal to grant a private hire or hackney carriage driver licence any conditions attached to a private hire driver licence
• a decision to suspend, revoke or refuse to renew a private hire of hackney carriage driver licence;
• a refusal to grant a private hire vehicle licence or against any conditions specified in the licence;
• a refusal to grant an operator’s licence or any conditions attached to the grant of an operator’s licence;
• a decision to suspend, revoke or refuse to renew an operator’s licence.
An appeal against a refusal to grant a Hackney Carriage vehicle/proprietors licence lies straight to the Crown Court
Any appeal must be lodged with the appropriate Court within 21 days of notification of the decision.
Costs may be awarded by the Court against an unsuccessful appellant and therefore a licensee may wish to take independent legal advice with regard to the merits of an appeal.
Usually, when an appeal has been lodged, any action against the licence is stayed pending the outcome of the court appeal (s.77(2)LG(MP) Act 1976) and the driver, operator and or vehicle can still work. However, in cases where in the interests of public safety a decision has been made that a suspension or revocation of a driver licence should take immediate effect s.77(2) shall not apply and a driver is not allowed to continue driving pending the outcome of the appeal. In such cases the driver must be notified in writing, with an explanation as to why such action has been taken.
Decisions may also be challenged by way of judicial review in the High Court. Independent legal advice should be sought.
Who Is Who?
The Licensee or Applicant. The Licensee or Applicant (accompanied by a friend or representative if so wished) is invited to attend and make representations to the Committee
Officers. Community Safety Enforcement Section & Licensing Officers representing the Head of Community Safety will submit information to the Committee to enable it to consider whether and what action should be taken. On occasions a representative from the Police Authority, other body or a witness may attend to provide relevant information.
The Licensing Committee. The Licensing Committee is the body which has the delegated authority from the Council to determine licence applications and to decide upon disciplinary and other matters referred by the Head of Planning and Public Protection. The Committee is composed of elected Members from across all political parties and comprises a Chairman, Vice- Chairman and twelve members. Officers of Legal & Democratic Services Officers representing Legal and Committee Services advise the Committee on the relevant law and procedures. They do not take part in the decision making process.
Enforcement/Disciplinary Options
There are various options to take depending upon the circumstances including:
• take no action
• take informal action, including the issue of licensing penalty points use statutory and other notices/requests
• suspend a licence
• revoke a licence
• refuse to renew a licence
• use formal cautions
• prosecute
• obtain an injunction
The Head of Planning and Public Protection may refuse to grant or renew licences and may suspend licences, however, only the Licensing Committee can revoke a licence except in the case of vehicle licences deemed revoked under the provisions of s 68 LG(MP)Act 1976. Where the Head Planning and Public Protection considers that revocation of a licence is appropriate he will refer the matter to Committee. Where appropriate, the licence may be suspended pending the Committee decision.
Informal Action
Informal action to secure compliance with the legislation and policy includes offering advice, verbal and written warnings and requests for action, requiring a driver attend a Driver improvement Scheme and the issue of licensing penalty points Informal action may be appropriate where:
• the act or omission is not serious enough to warrant more formal action, or from the individual licensee’s history it can be reasonably expected that informal action will achieve compliance, or
• the consequences of non-compliance will not pose a significant risk to the safety of the public
Even where the above criteria are not met, there may be circumstances in which informal action will be more effective than a formal approach.
Repeated incidents of licence infringements, complaints etc are likely to lead to action being taken against the licensee by the Head of Planning and Public Protection or a referral to the Licensing Committee.
Licensing Points System Of Enforcement
A Licensing Points system of enforcement is simply a means of ensuring in a transparent way that the Council’s Licensing Committee is informed about the conduct of those people who are licensed by the Council.
Except in serious cases it is both unnecessary and undesirable to bring licence holders before the Licensing Committee every time they do something wrong. A licensing points system is therefore normally concerned with establishing a record of poor conduct. However, if 12 points are awarded in any 2 year period a reference to the Licensing Committee will be made.
The essential features of the points system are as follows:
• Licensing Points are only derived from activities involving taxis and taxi driving: they are not concerned with what a person gets up to otherwise (e.g. when driving another type of vehicle).
• Licensing Points will last for a two-year period and then be deleted and not be referred to again.
• There can be an element of “double jeopardy”. In other words, the courts may have imposed a penalty and the Council may impose an additional penalty (this has always been the case). However, licensees will have an opportunity to appeal against any award of licensing points when their case is heard at Committee (i.e. after the imposition of 12 points within a twenty-four month period)
There are 4 general categories of event, which may result in points being awarded. These are:
• Failure to comply with conditions: e.g. late renewals, failure to report damage to vehicles, failure to display roof signs, changes of address etc. (note that criminal offences may be committed as well by such failures).
• Failure to maintain vehicles.
• Bye-law offences convictions and cautions.
• Road Traffic offences convictions and cautions.
The detailed licensing points system is set out below.
The Licensing Points System Type Of Event and Points Awarded
• Criminal Conviction (Cautions attract 2 points) 4 • Failure to Maintain Vehicle 3 • Failure to comply with conditions 3 • Effect Of Gaining Points
12 points awarded in any two year period will result in a reference to the Licensing Committee NOTE:
1. Serious matters such as driving without insurance will bypass the points system and result in direct referral to the Licensing Committee.
2. Criminal convictions mean all criminal convictions (whether or not involving fixed penalty points) including, for example, Road Traffic offences, taxi by-law offences, and offences under the 1847 Act and 1976 Act.
Examples Of Breaches/Contraventions Which May Attract Licensing Penalty Points
(These Breaches/Contraventions Are The Most Common And Do Not Form An Exhaustive List) 1. Failure To Have The Vehicle And All Its Fittings In An Exceptionally Well Maintained Condition 2. Failure To Display Vehicle Plates In Correct Manner 3. Failure To Display Vehicle Door Signs In Correct Manner 4. Failure To Display Vehicle Roof Sign 5. Failure To Display Dash Display Badge 6. Failure To Display Tariff Card 7. Failure To Display Internal Comment Card 8. Vehicle Displaying Non Approved Adverts 9. Failure To Provide First Aid Kit 10. Failure To Provide Fire Extinguisher 11. Failure To Maintain Adequate Internal Lighting 12. Failure To Produce Insurance Certificate When Requested 13. Failure To Produce An MOT Certificate When Requested 14. Failure To Present Vehicle For Test When Requested 15. Alteration Or Changes In Specification, Design, Condition Or Appearance Of The Vehicle Without Approval 16. Failure To Notify The Council, In Writing, Of Any Change Of Address With Seven Days 17. Failure To Notify The Council, In Writing, Of Any Conviction/Caution Within Seven Days 18. Failure To Notify The Council, In Writing, Within 72 Hours Of Any Accident Involving A Licensed Vehicle 19. Failure To Use A Meter/Overcharging Of Customer 20. Failure To Wear/Display The Drivers Badge In A Manner To Be Plainly And Distinctly Visible 21. Failure To Behave In A Civil And Orderly Manner 22. Sounding Of Horn In Contravention Of Highway Code/Road Traffic Acts 23. Conveying A Greater Number Of Persons Than That Prescribed In The Licence For The Vehicle 24. Failure To Carefully Search For Any Property Which May Have Been Accidentally Left In The Vehicle 25. Failure To Give A Written Receipt For The Fare Paid When Requested 26. Failure To Carry A Disabled Persons Guide, Hearing Or Assistance Dog 27. Failure To Promptly Attend At Appointed Time And Place Of Booking 28. Failure To Report Loss/Theft Of Driver Badges Within 2 Working Days 29. Failure To Keep Adequate Booking Records 30. Failure To Keep Clean, Adequately Heated, Ventilated And Lit Premises For The Public For The Purposed Of Booking Or Waiting For A Private Hire Vehicle 31. Failure To Submit Radio Equipment Test Certificate Annually Within One Month Of Test 32. Failure To Notify The Council In Writing Immediately Of Receipt Of A Complaint About The Hire Of A Vehicle 33. Use By An Operator Of An Unlicensed Vehicle Or Driver 34. Failure To Return To The Council Vehicle Plates And Decals Within 7 Days Of Request 35. Failure Of A Proprietor Of A Vehicle To Notify The Council Within 14 Days Of The Transfer Of Any Interest In The Vehicle. 36. Stopping and Waiting on the public highway for a space to become available on a taxi rank.
Recording of Points accrued by Drivers and Operators
• The Licensing Department will maintain record of points awarded.
• Those Drivers or operators receiving points will get notification in writing.
• Any challenge to the addition of points must be in writing and to the Head of Planning and Public Protection within 7 days of receipt of written notification of the points being awarded.
Agenda Item No. 11
REPORT TO: Licensing Committee
DATE: 23 June 2010
LEAD OFFICER: Head of Planning and Public Protection
CONTACT OFFICER: Community Safety Enforcement Manager [email protected] 0791 9690754 SUBJECT: Regulation and Enforcement of Licensed Activity in Denbighshire
1. PURPOSE OF THE REPORT
1.1 To advise and update members of the enforcement activities of the Licensing Department since the last meeting on 16 March 2010, and to advise them of activity planned for the next period.
2. EXECUTIVE SUMMARY
2.1 Operation Punnett, the joint test purchase operation resulted in action being taken against 12 premises in Denbigh and Ruthin.
2.2 V2 Nightclub in Ruthin was subject to a review of the premises licence, by North Wales Police.
2.3 The Marmaris takeaway in Water Street, Rhyl was subject to a review by North Wales Police.
2.4 The Turkish Delight takeaway in Water Street, Rhyl was subject to a review by North Wales Police
2.5 Complaints in relation to excessive noise from Licensed premises have been received from 6 premises, 1 in Rhyl, 2 in Prestatyn, 1 in Dyserth, and 2 in Llangollen.
2.6 Disciplinary action pending against a Licensed Driver who has been linked to the unlawful supply of controlled drugs.
2.7 Licensed Premises have been discovered operating without a Designated Premises Supervior.
2.8 Operation Red Card. Planned activity to ensure that licensed premises operators are supported to enable them to meet the objectives of the Licensing Act 2003, given additional pressures that may arise on operators during the world cup.
3. BACKGROUND INFORMATION
3.1 Operation Punnett has seen the test purchase of alcohol at on licensed premises in Rhyl, St Asaph, Denbigh and Ruthin.
25 licensed premises were targeted.
24 Licensed premises sold alcohol to a person aged 15/16 years of age on at least one occasion.
18 Licensed premises sold alcohol on two or more occasions and fell into the category of premises persistently selling alcohol to young persons. Each of these premises accepted an option to close for a 48 hour period as an alternative to prosecution.
All 18 premises were subject to review proceedings. These reviews saw 1 premises lose its alcohol licence, and one premises have its licence revoked. All the other premises were given conditions in line with the objectives of the licensing Act 2003.
On 9 April 2010 training was given to Ruthin and Denbigh Licensed premises operators and their staff. The 11 premises attending resulted in 47 persons being trained. 34 of those persons had never had any previous formal training in relation to their working at licensed premises. We are satisfied that high test purchase failure rate, and the lack of training are linked.
Many of the conditions imposed on premises at the review hearing were linked to premises operators having a good training regime, and keeping accurate records on any training being delivered to staff.
3.2 The V2 Nightclub. Situated in Hen Lon Parcwr in Ruthin, the premises had been subject to a significant number of complaints going back over 10 years. Customers of the premises were causing crime and disorder, and public nuisance in Canol Y Dre and in Prior Street, and as a consequence complaints were made by residents. The hearing subsequently established a link between the complaints and breaches of the premises licence, as a consequence the licence was revoked.
3.3 The Marmaris takeaway in Water Street, Rhyl, was found to remain open beyond its permitted hours. The condition had been placed on the premises licence holder as a crime and disorder measure. Take away premises in the hub of Rhyl’s night time economy can be a focus for disorder if allowed to remain open late. The Premises licence holder had been absent from the premises for a considerable length of time, and as such no one at the premises could be held accountable for the late opening. At the subsequent review hearing the premises licence was revoked.
3.4 The Turkish Delight in Water Street, Rhyl, was subject to review following an incident recorded on CCTV in April 2010, where the premises licence holder and his staff were identified attacking customers on the premises and in the street. The behaviour of the operator and his staff was deemed inappropriate, and was indicative that the crime and disorder objective had not been engaged and as a consequence the licence was revoked.
3.5 Excessive noise from Licensed premises is one of the most common complaints. Noise is dealt with by the local authority on two fronts, by the Environmental Health department if noise amounts to a Statutory Nuisance, as defined under the Environment Protection Act 1990, or under the Licensing Act 2003 as a Public Nuisance. All premises work closely with the Local Authority to try and resolve complaints, but other factors, not seemingly connected like the ‘smoke free places’ legislation, resulting in a constant stream of persons in and out of licensed premises, and the doors continually open means that noise escapes. A recent case in Prestatyn has highlighted some of the issues facing the department. The noise complaint had been going on for a year or so, and had escalated from just public nuisance to a statutory nuisance, and a noise abatement notice served. The premises operators complained to their local members, AM and MP and the matter was widely reported in the press, putting the complainant under extreme pressure. The debate centres on a public house, hub of the community, using live music to increase customers, being put at risk by a single householder complaining about excessive noise.
3.6 Designated Premises Supervisors (DPS). A designated premises supervisor is the equivalent of the ‘old Licensee or publican’. They are the persons who is authorised to sell or supply alcohol. A DPS must be a personal licence holder, and does not need to be on the premises. From time to time, DPS’s move on, and those left running the premises continue with running the business. During the period 3 premises were discovered to be operating without a DPS. Two a public house and a restaurant were issued immediate closure Notices until the matter was remedied, and the third a leisure facility closed voluntarily until the matter was rectified.
3.7 Operation Red Card, this operation is being launched during the World Cup and its links to football are obvious. The Operation is the start of what is hoped will be a sustained solution to the three main causes of alcohol related crime, disorder, and anti social behavior, being dealt with robustly.
Persons being given alcohol when already drunk Persons who have already been identified as troublesome when drunk Underage drinkers of alcohol and those who supply to underage.
Training to Licensees and door supervisors ensuring that those who are already drunk, are not permitted to enter licensed premises, and those who are drunk on licensed premises are not served any more alcohol.
Pubwatch is an effective way of identifying those who are troublesome when drunk. Ensuring that those banned by Pubwatch are not permitted to enter licensed premises during a ban, and that licensed premises are active participants in Pubwatch will be an effective deterrent to this type of anti social behavior.
Underage drinkers will be denied access to alcohol at licensed premises through schemes such as challenge 21 or Challenge 25.
The RED CARD is a red card, with this message on, and those being denied access to licensed premises and alcohol at the bar or entrance to premises will literally be shown the red card. This will be visible to CCTV, who will be able monitor where the banned person goes next, and can warn other premises or operators in advance. The action being taken will be obvious to other customers, and act as a deterrent to those previously inclined to behave in that manner, and a reassurance to others that their enjoyment will not be spoiled by loutish behavior.
4. Licensing Committee Outcomes
4.1 The committee acknowledges the type and nature of activity and thereby informed accordingly when making decisions in relation to policy.
4.2 That enforcement is a necessary element of the Licensing regime
5. Recommendations
5.1 The Licensing Committee ‘note’ enforcement activity.
Agenda Item No. 12
REPORT TO: LICENSING COMMITTEE
DATE: 23 June 2010
REPORT BY: THE HEAD OF PLANNING AND PUBLIC PROTECTION
SUBJECT: LICENSING COMMITTEE WORK PROGRAMME 2010/11
DATE REPORT COMMENT
23 June 2010 Improving the Taxi Fleet Update on Taxi Public 1. Conditions Meeting and Taxi 2. Testing regime Working Group 3. Drivers Update on Regulation Officers to provide and Enforcement regular reports on any enforcement action arising from inspections Review of Taxi Ranks Officers to provide detailed report on the current provision of taxi ranks throughout the County 15 September 2010 Review of Licensing Act Members’ to consider 2003 Statement of draft review of Policy Licensing Policy prior to consultation Update on Regulation Officers to provide and Enforcement regular reports on any enforcement action arising from inspections Information Report on Update report on Best Managing the Night Bar None, Test Time Economy Purchasing, reducing drunkenness in licensed premises 8 December 2010 Review of Licensing Act Update on consultation 2003 Statement of Licensing Policy Update on Regulation Officers to provide and Enforcement regular reports on any enforcement action arising from inspections Alcohol related Anti Update on Operation Social Behaviour Mistletoe, Pub Banning Orders, Designated Public Places Orders 15 March 2011 Agree Forward Working Report for Members’ Programme priorities for consideration 10/11 Update on Regulation Officers to provide and Enforcement regular reports on any enforcement action arising from inspections Review of Licensing Fees and Charges