Agenda item

To consider the report of the Head of Licensing and Registration which provides information on the process undertaken by officers in respect of immediate suspension powers

(Report attached)

The Head of Licensing and Registration submitted a report providing information on the process undertaken by officers in respect of immediate suspension powers.

The Committee previously requested that guidelines on the use of immediate powers of suspension be prepared following receipt of a petition from a representative organisation of some members of the trade. The guidelines (attached as Appendix 1 of the report) were approved by the Committee on 16^th October 2012 (minute 60 refers) and released for public consultation.

Additionally, the report drew together the Councils statutory responsibility, the legal guidance and provided an overview of the operational decision making for making immediate suspensions throughout 2012/13.  Schedules showing the decision making process and the nature of such cases during 2012/12 were attached as Appendices 2, 3 and 4 respectively.

The result of the public consultation on the guidance was contained at Appendix 5 of the report.

(Councillor Downes joined the meeting at this point)

The Section Head, Taxi and Private Hire Section presented the report and responded to Members comments in respect of the following:

• The impact of immediate suspension on a drivers’ livelihood
• The perception held by some elements of the Private Hire Trade that the discretion to use the power to immediately suspend a driver was not used appropriately in some cases
• The length of time an appeal to the Magistrates Court can take and the officer decision process following the outcome of an appeal

Members discussed in detail the following issues relating to Plying for hire

• The status of insurance when a PH driver ply’s for hire
• The implications for passengers in terms of public safety, compensation and insurance
• The weight of the evidence required by the Magistrates (beyond reasonable doubt) and by officers reviewing a decision following the outcome of appeals (balance of probabilities)

Members requested a report from the City Solicitor in response to those comments.

Members noted comments on the status of the existing operational procedure and a request that the new Policy should be reviewed by the Licensing Committee Hackney Carriage/Private Hire Working Group (HC/PH WG)

It was acknowledged that the policy had been developed in response to the serious public safety concerns raised by the trade and Committee in respect of plying for hire; however, having regard to all the views now expressed by the trade; the Committee suggested there was a need to review the approach taken to the use of the powers of immediate suspension in plying for hire cases and that this should be undertaken by the HC/PH WG. It was noted that in the interim, the existing procedure would remain in place

RESOLVED –

a)  That the contents of the report and the legal advice from the City Solicitor therein be noted

b)  To note the contents of the draft policy on Immediate Suspensions and Revocation Decisions, including the process already undertaken by officers

c)  That the observations made by Members be noted

d)  That the element of the draft Policy in respect of immediate suspension for plying for hire be removed from the draft Policy and be referred to the Licensing Committee Hackney Carriage and Private Hire Working Group for further consideration. A report back from the WG will be presented in due course to the Committee.

e)  That officers be requested to prepare a report on the draft Policy (with the exception of the Plying for Hire element) for consideration and implementation by the Executive