Agenda item

  To consider a report by the Chief Officer, Elections and Regulatory which sets out the results of the Council’s response to a recent consultation of licensing authorities by the Department for Transport (DfT). 

  (Report attached)

The Chief Officer, Elections and Regulatory submitted a report which drew to the attention of Members the results of the Council’s response to a recent consultation of Licensing Authorities by the Department for Transport (DfT)

The Taxi & Private Hire Licensing Manager, Communities & Environment explained the background to the report and the response to the consultation.

Members were informed that the City Council’s response, as set out in Appendix 1 of the submitted report was broadly very supportive of the recommendations, and in many areas of the guidance, the Council already had policies and measures in place. Members noted that with some further changes, the Council could also implement the majority of the recommendations.

Members were informed that in some areas of the draft guidance, the Council had suggested either an alternative way of addressing the area of risk, or suggested that revised guidance would need to be developed.  These areas included;

·  Administration of the licensing framework and decision making, including officer and Member roles

·  Oversees Convictions

·  Conviction Policy

·  Suspension and revocation of driver licences

·  In vehicle visual and audio recording – CCTV

·  Convictions guidance

Commenting on the administration of the licensing framework and decision making, reference was made to the complaints procedure, although Members were supportive of the public safety issues, they queried if the timescale for processing malicious complaints could be reduced?

It was understood by Members that often a driver’s licence may be suspended whilst an investigation was being carried out, leading to financial hardship for the driver if the investigation was to continue for some time.

In responding the Taxi & Private Hire Licensing Manager said if the complaint was of a serious nature, it may be referred to the Police for further investigation. In such cases evidence would be required; witness statements, inspection of CCTV footage, all of which was a time consuming process.

Reference was made to “oversees convictions” Members recognised that Leeds had strong practices and procedures in place but other authorities did not apply the same standards and would often issue licenses to drivers who could then operate outside their own districts.

Members were informed that the decision of an authority to issue a vehicle license could be challenged “Was this person fit and proper to have a licence” but a successful challenge was rare with only 3 been overturned nationally in the past three years.

One Member commented that the checks and standards implemented in the District of Rotherham were far stricter than in Leeds.

The Taxi & Private Hire Licensing Manager said Members will be aware that in the recent past Rotherham had being the subject of some public safety issues in respect of vehicle licensing and as a direct consequence strong Licensing Policies had been introduced.

One Member suggested that foreign nationals, fleeing their own country and seeking asylum in the UK may find it difficult to obtain the necessary documentation due to their circumstances.

It was suggested that in such instances the applicant be advised about obtaining a Statutory Declaration.

A discussion ensued on the use of “In vehicle visual and audio recording - CCTV)

Members heard from trade representatives that they were supportive of the use of CCTV in licenced vehicles following concerns from their Members about driver safety. It was suggested the use of such equipment may provide the necessary evidence when investigating a complaint. Members were made aware that a CCTV system could now be purchased for less than £100 but Council approved systems (sealed systems) were in excess of £500.

In responding Taxi & Private Hire Licensing Manager said the control and management of a mandatory CCTV system was a significant undertaking. The equipment needs to meet all necessary standards, access and control arrangements requires further consideration and concerns around surveillance and privacy also requires further clarification.

The majority of Members were supportive of the use of CCTV in licenced vehicles, also accepting that further clarification and statutory guidance were required.

Members suggested the establishment of a CCTV Member Working Group to develop a policy around CCTV systems in Licenced Vehicles, the Working Group to include representation from the Taxi and Private Hire Trade and any other partners considered necessary.

Members were supportive of the suggestion.

The Chair thanked everyone for their participation and contributions commenting that further clarification and guidance was required. He said it was the view of Members that the use of CCTV systems in Licenced Vehicles was a priority and officers should seek to progress this issue.

RESOLVED –

(i)  To note the purpose and content of the information contained within the submitted report

(ii)  To note the Council’s response to the consultation, in particular the responses where the Council suggests the approach recommended in the Statutory Guidance may not work effectively in Leeds.

(iii)  That a Working Group be established to develop a policy around CCTV systems in Licenced Vehicles