Agenda item

To consider the joint report of the Chief Officer, Democratic & Central Services and the City Solicitor providing the Committee with information on how to respond to the issues raised in a petition submitted on behalf of Alpha Hire and Hackney Welfare Society.

(Report attached)

Further to minute 32a) of the meeting held 24 July 2012 when the Committee noted receipt of petition submitted by Mr Kabear Hussain of Alpha Hire and Hackney Welfare Society, the City Solicitor and the Chief Officer, Democratic & Central Services, submitted a joint report advising Members of the issues raised in the petition. In brief, the petition requested the Council consider passing an ‘Equality Resolution’ in respect of certain licensing decisions taken by officers of the Taxi & Private Hire Licensing Section under the terms of the delegated decision making process.

Members noted that the concern expressed in the petition was that the provision was being used incorrectly by Leeds City Council officers. Furthermore, the petition suggested that it should only be used where there had been a conviction, an ongoing police investigation or prosecution against the driver for an indictable only offence. Members also noted the contents of the letter accompanying the petition.

The report presented information to assist Members’ consideration of how to respond to the petition, particularly in respect of the provisions within Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 which allows the suspension or revocation of a licence with immediate effect on public safety grounds. This statutory provision was inserted into the legislation by the Road Traffic Act 2006 effective from 17 March 2007. Officers highlighted the general reasons for revocation and suspension as set out in section 61 of the 1976 Act as being:

·  that the driver has since the grant of the licence been convicted of an offence involving dishonesty, indecency or violence or

·  been convicted of an offence under or failed to comply with the provisions of the Act of 1847 or of the 1976 Act or

·  for any other reasonable cause.  Case Law has held that any other reasonable cause covers matters short of a conviction. 

  The new powers provided through the RTA 2006 were clarified as being:

• section 61 (2A) provides that suspension/revocation normally takes effect after 21days. A driver may make an appeal against the action during that time and continue to operate until that appeal is dealt with. The Notice that must always be given to the driver sets out the reasons for suspension
• section 61 (2B) provides that ‘if it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2) (a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.’

A revised schedule showing the number (23) and nature of driver suspensions between 1 January and 16 August 2012 was tabled at the meeting. Officers addressed the specific wording in the resolution proposed by Mr Hussain, particularly the term “indictable only offence” and the impact the resolution would have, if adopted, on reducing the powers used by the authority to address public safety issues.

Officers clarified that S61(2B) gave wide discretion to a decision maker and did not limit the decision maker to considering charges or criminal convictions alone, but importantly, the clause did ensure that the reason for suspension was directly linked to upholding public safety. Officers provided an example where there had been sufficient cause for concern about a driver, but a legal case was not pursued due to the status of a witness who could corroborate an allegation, in such a case the police had supported LCC in the use of immediate suspension powers because of the seriousness of the concerns – and that decision in this circumstance had been upheld by the Court at a subsequent appeal.

Officers referred to the proposal to draft guidance on the use of the powers for Members approval. It was also and suggested that a wider discussion on Members’ views of public safety would inform the proposed guidance document with the intention that the guidance would be made publicly available.

The Committee discussed the following matters with officers:

the decision making process undertaken by officers prior to a suspension and/or revocation being made and the follow up process undertaken after an immediate suspension made under 61(2B)

investigations - the process undertaken by LCC to investigate allegations made against a driver, the evidence required to  an allegation, and the course of redress available to a driver through the Magistrates Court. It was noted that the opportunity for a driver to respond to an allegation been built into the investigative process

Appeals - The detail of the 23 suspensions listed in the report could be provided to Councillors if required and the Committee requested further information on the number of appeals lodged by drivers against the immediate suspension of their licence, including the detail of the outcome of those cases

reasonable cause - the concerns over the use of the term “for any other reasonable cause.” Clarification was provided that this term related to the suspensions given on notice. Officers reassured the Committee that “reasonable cause” was not the evidential test for the issue of an immediate suspension

Monitoring – the Committee noted the suggestion that the use of powers of immediate suspension of drivers should be monitored in the future

Consultation – Members agreed that there was a need to take the view the whole driver community through consultation and noted the comment highlighting the fact that the petition represented 250 of the 6000 drivers in Leeds

Equality screening – One Member referred to the letter accompanying the petition which referred to equality for Muslim drivers and commented that this suggested direct or indirect discrimination of that group of drivers. In response to a query about gathering ethnic monitoring statistics, officers confirmed that such statistics were not gathered as ethnicity/culture did not feature in the application for a drivers licence. The Committee supported that approach. Officers involved in the decision making process stated that, in the cases of immediate suspensions referred to them for review, there had been no evidence of discrimination of a specific ethnic or cultural group.

Members also received information on the equality and diversity screening referred to in the report and noted that officers were required to identify any implications for various minority groups and assess whether any decision which is proposed to be taken by them would have any serious implications for those groups, and if so, officers would have to consider how to mitigate the effect of those implications

Perception – Members discussed the perception of the TPHL service expressed by some groups within the PH and HC trade and it was acknowledged that some sectors were dissatisfied. The Committee were assured that work was being done to address this. Members noted that the development and publication of a guidance document in respect of the use of the powers to immediately suspend a driver would go some way to address the concerns of some of the trade

The Committee, having discussed the request at length, and several other matters arising

RESOLVED –

a)  Not to accept the proposal set out in the petition submitted by Mr K Hussain of the Alpha Hire and Hackney Welfare Society which requests the Council to consider passing a resolution

‘ that in the determination of whether to suspend or revoke the licence of a HACKNEY CARRIAGE driver under its powers in the Local Government (Miscellaneous) Provisions Act 1976, Section 61 (2B), such determination to revoke a licence with immediate effect shall only be undertaken if there has been a conviction, an ongoing police investigation, or prosecution against the driver for an indictable only offence’.

 as the proposed resolution does not reflect the legal position and unduly restricts the powers of the council

b)  To direct officers to prepare draft guidelines on the use of the powers of immediate suspension for consideration by the Licensing Committee at its October meeting prior to consultation with HC and PH trades on the guidelines

c)  To request a full review be undertaken of the existing Policy and processes and that a report be presented in due course setting out the findings of the review for discussion, to include wider discussions on the issues of public safety in respect of the PH and HC trade