To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:
https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1
The deadline for the submission of a public question is 4 clear working days before the meeting.
The deadline for the submission of a public statement is midday the working day before the meeting.
The deadline for the submission of a petition is 10 working days before the meeting.
Minutes:
The Chair reported that a public question and statement had been received from Mr David Lane, on behalf of the BCP Taxi and Private Hire Association, in relation to the agenda item updating members on the implementation of, and amendments to BCP Taxi and Private Hire Policies. The Chair welcomed Mr Lane and invited him to read out his question and statement:
Question from Mr David Lane, on behalf of BCP Taxi and Private Hire Association
Madam Chairman. Please can you confirm that arrangements are in hand for the next unmet needs survey to take place as required during the next financial year and for the findings to be subject to meaningful consultation?
Response from Chair
Thank you, Mr Lane, for your question. The last unmet needs survey for BCP was dated January 2020. This survey is required due to the current quantitative restrictions on the number of Hackney Carriage Licences in the Poole and Bournemouth zones. The Department for Transport best practice guidance states that
“If a local authority does nonetheless take the view that a quantitative restriction can be justified in principle, there remains the question of the level at which it should be set, bearing in mind the need to demonstrate that there is no significant unmet demand. This issue is usually addressed by means of a survey; It will be necessary for the local Licensing Authority to carry out a survey sufficiently frequently to be able to respond to any challenge to the satisfaction of a court. An interval of three years is commonly regarded as the maximum reasonable period between surveys.”
I can confirm that the Licensing Manager has already started the procurement process to arrange for a specialist company to carry out the necessary survey later this year, the costs involved have increased by some 15% on the last survey taking it to close to £30,000 this cost is recovered through the Hackney Carriage Licensing Fees.
The best practice guidance’s starting point on quantitative restrictions is set out in paragraph 47:
“Most local Licensing Authorities do not impose quantitative restrictions; the DfT regards that as best practice.”
However, the best practice guidance goes on to say that in cases where local authorities have opted for a policy restricting HCV licences:
“…the DfT would urge that the matter should be regularly reconsidered. The Department further urges that the issue to be addressed first in each reconsideration is whether the restrictions should continue at all.”
Once the survey has been completed and the report received, members will consider the information to determine if any changes to the current numbers of Hackney Carriage numbers is required or not. If it determines there is no unmet need, then the Licensing Authority have full discretion as to whether to continue with the current restrictions and the release of additional licences as set out within our Policy or not. In cases where there is unmet need then the restrictions must be removed altogether. The effect of applying a policy of restricting licences is in essence no different from a Local Authority refusing an application for the grant of a Hackney Carriage Vehicle licence. With this therefore, there is a right of appeal to the Crown Court.
Statement from Mr David Lane, on behalf of BCP Taxi and Private Hire Association
With regard to the quickly made decision to release 15 new Hackney Carriage Licences in both Bournemouth and Poole each year from 2021 through to 2025 we would urge you to consider the uptake this year and make appropriate adjustments to this policy. We would like to suggest that until the full tranche of 15 licences have become operational then no further tranches should be released. Furthermore that an individual who fails to make an offered licence operational within the year shall be regarded as having refused the offer and lose their place on the waiting list.
The Chair thanked Mr Lane for his contributions.