LICENSING COMMITTEE – 27TH FEBRUARY 2018 Report of the Head of Regulatory Services Part A ITEM 5 REVIEW OF THE NEW HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY Purpose of Report To review the Hackney Carriage and Private Hire Licensing Policy 12 months after it was approved by the Licensing Committee on the 28th February 2017. Recommendation That the information regarding the implementation of the new Hackney Carriage and Private Hire Licensing Policy is noted. Reason The Committee wished to monitor the introduction of the combined drivers licence in respect of a potential increase on the number of hackney carriages and asked that the Head of Regulatory Services submit a further report to review how the new Hackney Carriage and Private Hire Licensing Policy was working, within 12 months’ time of its introduction. Policy Justification and Previous Decisions This Policy is concerned with the application of powers exercised by Charnwood Borough Council, in respect of hackney carriages and private hire vehicles, conferred principally by the Local Government Miscellaneous Provisions) Act 1976, as amended and other relevant legislation. The Hackney Carriage and Private Hire Licensing Policy brought together previous decisions made by the Licensing Committee into one document. At its meeting on the 28th February 2017, the Licensing Committee considered a report of the Head of Regulatory Services to approve a new hackney carriage/private hire policy, after consultation with the public and hackney carriage/private hire trade. The following extract from the minutes of that meeting details the consideration and decision of the Committee. RESOLVED That the Hackney Carriage and Private Hire Licensing Policy, set out in Appendix 1 to the report, be approved for implementation from 1st April 2017; 2. that the move to only issuing a combined driver’s licence (for driving both Hackney Carriages and Private Hire vehicles) as set out in the new Policy be implemented for existing drivers when their current licence is renewed; R1 3. that existing drivers wishing to move to a combined driver’s licence earlier than when their current licence is due for renewal be required to successfully complete the three test papers which new applicants for a driver’s licence will be required to successfully complete under the new Policy; 4. that the Head of Regulatory Services be given delegated authority to make minor amendments and alterations, and amendments required to comply with changes to legislation and Government guidance, to the Hackney Carriage and Private Hire Licensing Policy, in consultation with the Chair of the Licensing Committee; 5. that the Head of Regulatory Services be asked to submit a report to the Committee in 12 months’ time, to enable it to review how the new Policy is working. Reasons 1. To ensure that the Council has a policy that sets out the requirements and standards that must be met and guides the Council in the way that it carries out its functions. 2. To enable the new combined driver’s licence to be phased in over a period of three years from 1st April 2017, to assist a smooth transition to the new arrangements and in light of the concerns regarding a possible adverse effect on the Hackney Carriage trade as set out in reason 5. below. 3. To further support the phased transition to the new combined driver’s licence and the reasons for that. 4. To ensure that minor and necessary amendments to the policy can be made in a timely manner. 5. The Committee noted that the option of drivers having a combined driver’s licence had been in place at Charnwood since 2014 (currently known as a dual badge) without a large uptake of that option, that all other authorities in the County only issued a combined licence and that a vehicle had to be licensed as a Hackney Carriage to be driven as such. However, some members of the Committee remained concerned that the move to only issuing a combined licence as set out in the new Policy might result in the number of Hackney Carriages operating in the Borough increasing to a level that would be detrimental to the trade. Therefore, the Committee wished to monitor the position in that respect in due course. Implementation Timetable including Future Decisions The existing Hackney carriage and Private Hire Licensing policy at page 4 states that ‘the policy will be reviewed at 3 yearly intervals or as required,’ Members to consider whether they wish a further review before this 3 year deadline of April 2020. R2 Report Implications The following implications have been identified for this report. Risk Management No risks associated with this report Financial Implications No risks associated with this report Background Papers: None Officer(s) to contact: Grace Dowson Licensing Manager 01509 632597 [email protected] Alan Twells Head of Regulatory Services 01509 634650 [email protected] R3 Part B 1.0 Background 1.1 Hackney carriage and private hire vehicles have a specific role to play in an integrated transport system. They are able to provide services in situations where public transport is either not available (or outside “normal”; hours of operation such as in the evenings or on Sundays), and/or for those with mobility difficulties. 1.2 The aim of licensing the hackney carriage and private hire vehicle trade is, primarily, to protect the public as well as to ensure that the public have reasonable access to these services, because of the part they play in local transport provision. It is important that the authority’s hackney carriage and private hire licensing powers are used to ensure that licensed vehicles in the Borough are safe, comfortable, properly insured and available where and when required. 1.3 The Council has responsibility for licensing hackney carriage and private hire vehicles, drivers and operators within the borough of Charnwood. It has traditionally exercised this responsibility through a number of different policies, guidance and procedures that have been developed over a significant number of years 1.4 A report was submitted to the Licensing Committee on the 28th February 2017 with a proposed Hackney Carriage and Private Hire Vehicle Licensing Policy, intended to ensure that both the trade and the public have a document that fully explains the licensing policy and procedure. A copy of this report is attached at Appendix 1. 2.0 Introduction of Policy 2.1 The new Hackney Carriage and Private Hire Licensing policy was introduced with effect from the 1st April 2017, with the new plates and signage requirements for vehicles, being introduced over a 12 month period from the 15th May 2017. 3.0 Changes made under the Policy 3.1 The Policy brought together previous policy decisions and controls, but there were a number of main changes that were introduced. 3.1.1 A combined badge for all drivers The new policy saw the standardisation of the three previously issued types of driver badges (hackney carriage/private hire and dual driver) reduced to one, the Combined Badge. A combined badge allows a driver to drive either type of licensed vehicle. This removes the need to have two badges and reduces the cost for a number of drivers, whilst allowing more flexibility for drivers and companies with a mixed fleet of licensed vehicles. R4 Members were concerned that the change would see an increase in the number of hackney carriages. On the date of publication of the agenda for the 28th February 2017, there were, as stated in the Policy at that time, 147 hackney carriages and 214 private hire vehicles. Fig 3.1 (a) below gives the number of hackney carriage licences and private hire licences issued since April 2015. Fig 3.1. (a) Type of licence 01.04.15 - 01.04.16 - 01.04.17 – 31.03.16 31.03.17. 24.01.18 Hackney Carriage Vehicle 174 167 152 Private Hire Vehicle 254 237 186 3.2.1 Knowledge test A new three paper knowledge test was introduced, covering a) law (the council’s policy and legislation, b) geographical areas in and around Charnwood; and c) Customer Care. It was resolved at the Licensing Committee on the 28th February 2017, that existing drivers wishing to move to a combined driver’s licence earlier than when their current licence was due for renewal would be required to successfully complete the three test papers, which new applicants for a driver’s licence are required to successfully complete before obtaining their badge. Between the period of the 1st April 2017 and the 31st December 2017, 28 people have sat the new knowledge test. 5 of those are existing drivers. Of the 28 people, 2 new applicants have successfully passed all three papers and obtained a new Combined Drivers badge whilst 2 existing drivers have successfully passed all three papers and had their original licence/badge replaced with that of a combined drivers licence/badge. At the time of writing this report, 5 other applicants (4 new and 1 existing driver) have successfully passed two papers and are waiting to pass the third. The introduction of the new knowledge test, especially that of the geographical paper being introduced, for all drivers has resulted in the most queries, especially those companies and drivers who feel they carry out mainly contract work in exempt vehicles. The combined drivers licence allows a driver the flexibility to drive both types of vehicle, giving larger operators flexibility, and it was therefore felt that the knowledge test should reflect this. There is not a ‘contract licence/badge’ within Charnwood and the licensing of Exempt Vehicles within Charnwood allows the operator to carry the private hire plates and signage required to undertake normal private hire work should they wish to, e.g.