Agenda item

To consider a report by the Chief Officer, Elections and Regulatory which informs Members of the response to the planned implementation of the new Suitability and Convictions policy since the approval of the policy at Executive Board in October. 

The report also informs Members of the consultation method, both in Leeds and across West Yorkshire and York, to clarify the results of the consultation, and set out the changes to the policy following the consultation and explains the way the policy will be implemented, including how exceptional circumstances will be taken into account, and how the application of the policy will be reviewed.

(Report attached)

The Chief Officer, Elections and Regulatory submitted a report which informed Members of the response to the planned implementation of the new Suitability and Convictions policy since the approval of the policy at Executive Board in October. 

The report also informed Members of the consultation method, both in Leeds and across West Yorkshire and York and set out the changes to the policy following the consultation. The report also explained the way the policy will be implemented and that it would be subject to review 12 months after implementation.

Members discussed recent representation from local taxi trade representatives objecting to some aspects of the council’s new Suitability and Convictions policy, which would take effect from 2^nd February 2020, and matches standards in taxi and private hire licensing adopted in neighbouring councils in Yorkshire, following engagement and consultation in 2018-19.

Members were informed about the way in which the new policy would affect taxi and private hire drivers with seven points or more on their driving licence for minor motoring offences.  They heard that, while new applicants with seven points or more would be likely to have their application refused, existing drivers who had seven points or more, but had previously reported them to the council, in line with licencing requirements, would be likely to have their licence renewed. Existing drivers with fewer than 7 points and reporting new points would have their licences reviewed, and would be likely to be required to undertake additional driver training. However, repeat offences following additional training would be taken seriously, with the council reserving the right to remove a licence as a last resort. 

The Committee discussed the setting up of a Working Group to examine the issue of drivers with points on their driving licence.

In providing clarification on the issue of points, the Taxi and Private Hire Licensing Manager explained that the officers making decisions use a ‘case review’ method, when an officer proposes to make a decision which does not follow the policy.  This case review involves at least one, and usually two, senior managers, who review the proposed decision.  It is not possible to give an exhaustive list of the factors and decisions which might be taken into account, but it was suggested a range of options could be exercised separately or in combination, using the example of minor points on a licence. For example:

Refusal of a licence to a new applicant until their points fall below 7; Additional remedial driver training for existing licence holder; Issue of a shorter licence period (e.g. 3 months) to review conduct; and revocation of an existing licence is likely to be considered if there is a pattern of complaints about poor driving, points, failure to declare points, amounting to serious infringements.

The Committee heard representation from the: GMB Union, the Unite Union and from a number of Taxi and Private Hire Associations and Operators, all were of a similar view that:

(i)  The new Suitability and Convictions policy, due for implementation on 2^nd February 2020 should be suspended

(ii)  The consultation was inadequate, other neighbouring authorities had not been included

(iii)  West Yorkshire Passenger Transport were not aware of this new policy

(iv)  Many drivers had not understood the implications of the new policy

(v)  Further clarification was required around the issuing of points

(vi)  The setting up of a Working Group to look at some aspects of the new policy was welcome

(vii)  The issuing of further guidance was welcome.

(In terms of point’s ii) and iii above): The six councils had taken part in consultation and engagement activity independently from West Yorkshire Combined Authority, who do not have a licensing role)

In drawing the discussion to a conclusion the Chair said that the Council remained focused on passenger safety and public confidence when travelling in taxi and private hire vehicles.  He said that the City Council want to work closely in partnership with licence holders and their representatives in making sure the travelling public are safe.

RESOLVED –

(i)  To note that the Executive Board made the decision to approve the policy and it is due to come into place on 2^nd February 2020.

(ii)  In response to concerns raised by the taxi and private hire trade, to agree to set up a working group as soon as possible in relation to the points for minor traffic offences issues. The working group to include at least 3 Members of the Licensing Committee and representatives from the taxi and private hire trade and other stakeholders. The working group to report back to the Licensing Committee on any proposals in relation to the points criteria. The Licensing Committee to then consider and make any necessary recommendations to the Executive.

(iii)   As a consequence it is recognised that until the working group considers the points issue that part of the new policy will not be implemented by officers who will instead revert to the current policy on points for minor traffic offences issues.

(iv)  Clarification on how this will affect current and new applicant drivers will be provided to the taxi and private hire trade.