Agenda item

De-Regulation Act 2015 and Delegation of Enforcement Powers Across Authorities.

 

To consider a report by the Head of Elections, Licensing and Registration and the City Solicitor which draws to Members attention the effect of the introduction of the Deregulation Act 2015 and in particular concerns about the ability from 1 October 2015 for private hire operators to sub-contract to firms outside of the Leeds district.

 

The report highlights some of the potential consequences and seeks approval for the Licensing Committee to recommend to full Council, delegation of enforcement functions across West Yorkshire authorities to help to minimise concerns across the region.

 

 

(Report attached)

Minutes:

The Head of Elections, Licensing and Registration and the City Solicitor submitted a report which drew Members attention to the effect of the introduction of the Deregulation Act 2015, in particular concerns about the ability from 1st October 2015 for Private Hire Operators to sub-contract to firms outside of the Leeds district.

 

The report highlighted some of the potential consequences and sought the agreement of the Committee to recommend to full Council, delegation of enforcement functions across West Yorkshire authorities to help to minimise concerns across the region.

 

The Section Head, Taxi and Private Hire Licensing presented the report and responded to Members questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  The effect of the introduction of the De regulation Act 2015

·  Concerns about the ability for Private Hire Operators to Sub Contract to firms outside the Leeds district

·  The delegation of enforcement functions across West Yorkshire

 

Members were supportive of the proposals and noted that the intention was to seek to widen the cross delegation of enforcement powers to all councils within the West Yorkshire Combined Authority. Officers reported that they would also seek to extend this to other councils, in particular they would discuss this with other councils whose licensed Private Hire vehicles had been seen operating in Leeds, for example with Rossendale Borough Council and Manchester City Council.

 

Reference was made to the practice currently operating in Birmingham and a suggestion that the West Yorkshire Authorities may wish to adopt the Birmingham model

 

In responding the Section Head, Taxi and Private Hire Licensing, said that Police support had already been requested but the Police had determined it would not be feasible.

 

It was suggested that the Chair in consultation with the Executive Board Member responsible and the West Yorkshire Police Crime Commissioner consider further the issue of Police involvement and give further consideration to the model adopted by Birmingham.

 

A query was raised as to whether the other West Yorkshire authorities were operating to the same timescales as Leeds.

 

The Head of Elections, Licensing and Registration reported that all Leaders wanted harmonisation across Combined Authorities so it was being dealt with at Leadership level. Leeds was currently drafting a Memorandum of Understanding for all authorities in the West Yorkshire Combined Authorities.

 

RESOLVED –

(i)  To recommend to the General Purposes Committee and  full Council that the Taxi and private hire enforcement powers as set out in paragraph 3.5 of the submitted report be delegated by Leeds City Council to the other West Yorkshire Combined Authority councils as well as being retained by Leeds City Council as licensing authority. To agree that other councils should be included in the recommendation to the General Purposes Committee and full Council where appropriate

(ii)  To agree to Leeds City Council receiving similar delegated enforcement powers from other West Yorkshire Combined Authority councils and other councils identified and included in the recommendation to the General Purposes Committee and full Council.

(iii)  To recommend to the Executive that the Council’s licensing polices be amended to reflect and enable the effective delegation of enforcement functions to other authorities.

 

(iv)  That the Chair in consultation with the Executive Board Member responsible and the West Yorkshire Police Crime Commissioner consider further the issue of Police involvement and give further consideration to the model adopted by Birmingham.

 

 

Supporting documents: