Agenda and minutes

Licensing and Regulatory Panel - Tuesday, 7th July, 2009 10.00 am

Venue: Civic Hall Leeds

Contact: Helen Gray  247 4355

Items
No. Item

IN ATTENDANCE

Mr S Turnock – Chief Officer, Legal, Licensing and Registration

Mr J Mulcahy – Head of Licensing and Registration

Mr D Broster – Section Head, LCC Taxi & Private Hire Licensing   Section

Mr M DePlacido – Taxi & Private Hire Licensing Section

Mr M Johnson – Taxi & Private Hire Licensing Section

 

Mr D Littlewood – Access Committee for Leeds

Mr T McSharry – Access Committee for Leeds

 

Mr B Chard – GMB Leeds Private Hire Association

Mr K Ahmed – City Cabs

Councillor M Iqbal

Councillor A Hussain

Mr J Akhtar – Chair, Leeds Private Hire Association

Mr J Akhtar – Hackney Carriage Representative

Dr M Taylor – interested resident of Hyde Park & Woodhouse

Mr G Ahmed – Hackney Carriage Representative

Mr K Gill - Streamline

 

Plus approximately 130 representatives of both the Hackney Carriage and Private Hire trades

 

1.

Late Items

To identify items which have been admitted to the agenda by the Chair for consideration

 

(The special circumstances shall be specified in the minutes)

 

Minutes:

There were no formal items as such however the results of a consultation with private hire service users undertaken by the GMB was presented to the meeting. The documentation included 700 responses (minute 5 refers)

 

An additional document was tabled by Mr K Ahmed during his representation to the Panel (minute 5 refers)

 

2.

Declarations of Interest

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

 

Minutes:

The following Members declared personal interests in Item 5 of the agenda relating to the Age Criteria conditions (minute 5 refers) for the purposes of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct:

Councillor Dunn as a lifelong member of the Transport and General Workers Union (TGWU)

Councillors Selby and Dobson as members of General Municipal and Boilerworkers Union (GMB)

Councillor Grayshon as a member of the union UNITE

 

3.

Minutes pdf icon PDF 74 KB

To approve the minutes of the last meeting held 3rd March 2009 as a correct record

 

(Copy attached)

Minutes:

RESOLVED – That the minutes of the meeting held 3rd March 2009 be agreed as a correct

 

4.

Proposals to Change the "Age Criteria" condition Upon Hackney Carriage and Private Hire saloon and people carrier Vehicle Licences pdf icon PDF 510 KB

To consider the report of the Assistant Chief Executive (Corporate Governance) on proposals to change the age criteria in relation to Private Hire and Hackney Carriage saloon and people carrier vehicle licences.

 

Members previously considered an interim report on this matter at the Panel meeting held 3rd March 2009.

 

GMB Leeds Private Hire Association tabled copies of a petition against the proposals at that meeting, and a copy of that document has been despatched to all Members of the Panel with this agenda

 

(Report attached)

Minutes:

Further to minute 32 of the meeting held 3rd March 2009 when Panel received an interim report, the Assistant Chief Executive (Corporate Governance) submitted a further report on the proposals to change the “Age Criteria” condition upon Hackney Carriage (HC) and Private Hire (PH) saloon and people carrier vehicles.

 

The report included the following appendices:

A - Vehicle Inspection Results (of both private hire and hackney carriage vehicles over 6 and 7 years of age)

B - Consultation document issued March 2009 on the proposed changes

C - Summary of consultation responses from the trade with officer comments

D - Department for Transport – extracts from Best Practice Guidance

E - Draft of the proposed Testing Regime

 

The Head of Licensing and Registration introduced the report and set out the additional consultation undertaken since March 2009 when the interim report had been presented. The Chief Officer, Legal, Licensing and Registration detailed the various consultation methods undertaken and reported that the responses received from the trade had informed the proposals now before Panel. It was noted that the proposals had been amended since the March 2009 Panel meeting.

 

The Section Head, Taxi & Private Hire Licensing (T&PHL) reported the proposals had arisen from concerns expressed previously by Panel Members over the condition of some vehicles within the PH and HC fleets and due to concerns over the results of the subsequent systematic testing of older vehicles within the fleets (detailed at Appendix A).

 

The Section Head sought to dispel the concerns of the trade by confirming the 6 year age criteria would not remove vehicles aged 6 years and over from the fleets, but require those vehicles to undergo an annual testing regime to ensure acceptable safety, mechanical and maintenance standards. Vehicles could continue to be licensed past 6 years. The tests would be in line with Department for Transport Best Practice Guidance (included at Appendix D) which had recognised the additional mileage and wear & year experienced by PH and HC saloon vehicles compared to ordinary family saloon vehicles and be as required by the Local Government Act 1976.

 

The key issues of the report, including responses to the trade consultation were outlined as:

Vehicle inspections – LCC currently had authority to inspect and charge fees for up to 3 vehicle inspections per year. Vehicles could also be stopped on the street at any time and enforcement action taken appropriately

MOT testing stations – the trade had criticised LCC for outsourcing MOT testing of trade vehicles, however officers responded that LCC had previously been criticised for only having one MOT testing station as this had not been adequate for the size of the authority

Revisions to the proposals – following consultation, the fee of £60 per test had been reduced to £30

Lifetime service history – this would allow the driver to demonstrate the vehicle had been serviced and maintained methodically during its lifetime

Risk management – the proposals were based on the principles of sensible risk management in order  ...  view the full minutes text for item 4.

5.

Taxi and Private Hire Licensing - Best Practice Guidance pdf icon PDF 60 KB

To consider the report of the Assistant Chief Executive (Corporate Governance) on the best practice guidance published by the Department for Transport and seeking Members contributions to the current consultation process.

 

(Report attached)

Additional documents:

Minutes:

The Assistant Chief Executive (Corporate Governance) submitted a report on the consultation undertaken by the Department for Transport in respect of best practice issues around the Hackney Carriage (HC) and Private Hire (PH) driver and vehicle licences issued by local authorities.

 

A copy of the most recent DfT Best Practice Guidance was included at Appendix A of the report, with the draft response on behalf of the local authority attached at Appendix B for the Panel to comment upon.

 

The Section Head, Taxi & Private Hire Licensing Section highlighted the responses of particular interest to the Panel relating to O Licences; Group II Medicals; stretch limousines; PH Operators and perceived trade links with organised crime.

 

The Panel sought clarification on the following two matters:

Intelligence Sharing - it was noted that a protocol did exist between West Yorkshire Police and T&PHL section to ensure that information on any criminal activity of drivers or operators was reported between the parties. Additionally the T&PHL section informed other local authorities of any licences revoked

Safety – Leeds Community Safety had established a fund of £25,000.00 to be allocated by the T&PHL section to address driver safety issues. Drivers and operators wishing to install a driver safety shield or CCTV could receive grants of £100 or £250 respectively towards the cost from this fund. The funds had been targeted at the HC trade in the first instance, as journeys in HC vehicles were booked on the street. It was noted that £15,000 remained in the fund

RESOLVED –

a)  That the contents of the Best Practice Guidance issued by the DfT and the comments of the Panel be noted and

b)  That the draft response to the consultation be approved as presented to Panel and be forwarded on behalf of the Local Authority to the DfT

6.

Date and Time of Next Meeting

To note the date and time of the next meeting as Tuesday 8th September 2009 at 10.00 am

 

Minutes:

RESOLVED – To note the following

a)  Additional meeting on Tuesday 4 August 2009 to consider an item relating to the Leeds Festival (to be held at the conclusion of the scheduled Licensing  Committee)

 

b)  Tuesday 8th September 2009 at 10.00 am