Agenda item

These are the first Draft Taxi and Private Hire Policies for BCP Council since the establishment, on the 1^st April 2019 of a single local government area for the now dissolved boroughs of Bournemouth, Christchurch and Poole.

 

The Licensing Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

 

The Committee was advised that these were the first draft hackney carriage and private hire policies for BCP Council since the establishment, on the 1 April 2019 of a single local government area for the now dissolved boroughs of Bournemouth, Christchurch and Poole. For ease of reference the overall policy had been split into three documents covering the Drivers Policy, Vehicle Policy and Operators Policy, circulated as appendices to the report. Each policy was intended to apply to all drivers, vehicles and operators in each of the three current controlled zones.

 

The Licensing Manager explained that the draft policies had been developed with the support of a Member Working Group appointed by the Licensing Committee, comprising Councillors Butt, Farquhar, Flagg, Johnson and Kelsey. The Committee was grateful to the Working Group and supporting officers for their input. Workshops had also taken place with representatives of the taxi trade for the BCP Council area and their input included in the draft policies. The Committee was asked to consider the draft policies, amend them as necessary and agree them for public consultation.

 

The Chairman explained the process for considering each policy in turn and asked the Committee to focus on the main issues for discussion and decision. Any typographical points would be addressed by officers prior to the documents being released for public consultation.

 

Draft Hackney Carriage and Private Hire Driver Policy (Appendix 1):

 

The Committee discussed the policy and agreed the following actions:

 

Section 14 Driver Dress Code:

 

·       14.9 Amend to read ‘Headwear such a baseball caps is not permitted except in religious or medical circumstances’, as the Committee was mindful that there were certain circumstances where an exception should apply. The Committee asked that its suggested additional wording in italics be agreed in consultation with Council’s Equality and Diversity Officer.

 

Appendix A - How to Apply:

 

·       DBS Online Application Instructions: The Committee asked the Licensing Manager to report back to its December meeting to confirm that the application process on the BCP Council website requires the completion of Yes/No field and the completion of a declaration which includes reference to it being a criminal offence under the Theft Act 1968 to gain financially by deception.

 

·       Application Process: Agree to amend to BCP as indicated

 

·       Knowledge Test: Agree to additions as indicated

 

·       Child Sexual Exploitation and Human Trafficking Awareness Training: Agree that training should be delivered in person at the point of application and renewal for all drivers, to ensure training is robust and up to date. The Committee discussed options for how the training should be delivered and agreed to refer this matter to the Children’s Services O&S Committee for input, with a report back in time for the December Licensing Committee

 

·       Data Matching:  Agree to include NAFA data statement as well

 

Appendix B – Conditions of Licence - Section 2: Conduct of Driver:

 

·       Agree to include links as indicated

 

Appendix D – Section 4 – Offence of Dishonesty:

 

·       Amend paragraphs 4.6 and 4.7 for clarity to read ‘caution(s) or conviction(s)’ where the word ‘conviction(s)’ is used (and apply same amendment to corresponding section of vehicle and operator policies).

 

 

Draft Hackney Carriage and Private Hire Vehicle Policy (Appendix 2)

 

The Chairman read aloud the two public statements received from representatives of Poole Taxi Association: Mr David Lane in support of vehicle CCTV installation being optional, and Mr Calvin Dade in support of  introducing a limit on vehicle numbers in the Christchurch zone.

 

The Committee discussed the policy and agreed the following actions:

 

Section 9 – Vehicle emission requirements:

 

·       Agree to include paragraph 9.5 regarding all licensed vehicles meeting the Euro 6 emission standard by 31 March 2023.

 

The Committee felt that this allowed a reasonable period of time for members of the trade to make arrangements for vehicles to be compliant.

 

Section 13 – CCTV and other electronic equipment:

 

·       Include Section 13 in the policy to ensure vehicles with this equipment meet statutory standards in order to protect the public and the driver. Installation to remain optional, on the basis that the policy can be reviewed should the Licensing Authority provide evidence to support the local need for such equipment to be mandatory.

 

The Committee was mindful that evidence to support a local need for mandatory CCTV was currently lacking. It also noted that any approved CCTV system was required to meet high standards of encryption and security set by the Information Commissioner Office (ICO). This came at a cost of between £600 - £700 per vehicle. The Committee did not support the imposition of additional costs for the taxi trade where need was not demonstrated at the present time, but agreed that anyone choosing to install CCTV must use a system which met the required ICO standards.

 

Section 16 – Quantity Restrictions on hackney carriage numbers:

 

·       Retain the three Bournemouth, Poole and Christchurch zones

·       Increase Hackney Carriage Levels by releasing an additional 15 Wheelchair Accessible Vehicles (WAVs) per year in each of the Bournemouth and Poole zones until 2025

·       Remove the cap in the Bournemouth and Poole zones in 2025

·       Maintain the ‘no cap’ in the Christchurch zone, with any additional vehicles to be WAV

·       All additional WAVs to be on a permanent basis (i.e. any replacement vehicles must also be WAV)

 

The Committee was mindful of the Best Practice Guidance issued in 2010, which set out the legal position on restricting the number of taxis in an area provided that there was no significant unmet need and recommended reviewing this position on a regular basis. The latest unmet needs survey dated February 2020, attached at Appendix 4 of the report, concluded that there was currently no unmet need. It was therefore at the Committee’s discretion whether to amend the existing limits set by the preceding authorities, which were as follows: Bournemouth – 249, Poole – 88, Christchurch – no restriction. The Committee was also required to consider whether to create one controlled zone for the BCP Council area or retain the three legacy zones.

 

The Committee had a thorough discussion before agreeing to include the above provisions in the draft policy. Members supported the principle of removing the caps in Bournemouth and Poole rather than introducing them in Christchurch, in the interests of a free market, but felt that numbers should be increased gradually in stages, to avoid an immediate influx of applications and strain on infrastructure, and to enable licence holders sufficient time to prepare and where necessary make adjustments, particularly those who may have recently invested in a plate. In the interests of fairness and transparency, and as the new vehicle policy was due to be reviewed in 2025, the Committee agreed that 2025 would be an appropriate time to lift the caps completely.

 

The Committee supported a similar phased approach for the use of WAVs. Members agreed that additional vehicles released in Bournemouth and Poole between now and 2025 and any new vehicles in Christchurch should be WAVs. Including a provision in the policy for the WAV to be on a permanent basis would ensure that any replacement vehicle was also required to be a WAV. The Committee agreed to include the retention of the three legacy zones of Bournemouth, Christchurch and Poole in the draft policy, in recognition of their different demographic and individual needs.

 

It was noted that taxi trade representatives and individual drivers would have the opportunity to comment further on the draft policies as part of the public consultation.

 

Section 27 – Accidents/damage to vehicles and temporary substitution:

 

·       Include paragraph 27.4 and specify within seven days of the application

 

Appendix D – CCTV Specification:

 

·       Retention of Images / Use of the Information / The Data Controller / Third Party Data Processor – agree to include text as indicated

 

 

Draft Private Hire Operator Policy (Appendix 3)

 

The Committee made no further comments or amendments to the draft policy.

 

RESOLVED that the draft Hackney Carriage and Private Hire Driver Policy, the draft Hackney Carriage and Private Hire Vehicle Policy, and the draft Private Hire Operator Policy, as amended by the Committee, be agreed for public consultation.

 

Voting: Unanimous