Agenda and draft minutes

Apologies for absence were received from Councillors Beynon, Cessford, Ferguson, Nisbet and Parry. 

The Chair thanked Councillor Taylor for being a member of the committee who had stood down and welcomed Councillor Martin Swinbank. 

Minutes of the meeting of the Licensing and Regulatory Committee held on Tuesday, 24 August 2021, as circulated, to be confirmed as a true record and signed by the Chair. 

The minutes of the meeting of the Licensing and Regulatory Committee held on Tuesday 24 August 2021, as circulated be confirmed as a true record and signed by the Chair. 

To receive for information the following Minutes of the Licensing and Regulatory Subcommittees: 

29 September 2021 

28 October 2021

RESOLVED that the Minutes of the Licensing and Regulatory Subcommittees held on 29 September and 28 October 2021 be received for information. 

To update Members with the responses received in relation to the recent taxi consultation in respect of areas associated with the licensing of hackney carriages, and/or private hire vehicles and drivers.

Members were updated with the response received in relation to the recent taxi consultation in respect of areas associated with the licensing of hackney carriages, and/or private hire vehicles and drivers.

Phil Soderquest, Head of Housing and Public Protection explained that there were three parts to the report which followed three consultation exercises, each set out in the report with a number of recommendations on page 1 of the report.

Each section and associated recommendations would be reported on separately:-

Statutory Taxi and Private Hire Vehicle Standards

In July 2020, the Department of Transport issued a document called Statutory Taxi and Private Hire Vehicle Standards which set out a number of  recommendations about the standards to be applied to mitigate the risk posed to the public, to protect children and vulnerable adults and the wider public when using taxis and private hire vehicles.

Comments received were set out in the bullet points on page 2 of the report and consultation responses were attached from page 7 onwards.

RESOLVED that:-

1.          The contents of the report be noted.

2.          Members approved the following conditions:-

2i)    A condition to be added to hackney carriage and private hire vehicle licences, which would require a notice to be displayed in all licensed vehicles providing details of how to make a complaint.

2ii)    A condition for all licensed vehicle proprietors, operators, directors and partners with Northumberland County Council, to have annual basic disclosure from the DBS and to advise the licensing authority of any change in directors or partners.

2iii)   A condition, that on the granting of a private hire operator licence, a register will be required to be kept of all staff who will be taking bookings or dispatching vehicles.

2iv)   A standard condition is to be attached to a Private Hire Operator’s Licence which states;

A driver who holds a PCV licence and who has the use of a public service vehicle PSV, such as a minibus to undertake a private hire vehicle booking, should not be permitted without the informed consent of the booker.

Where a private hire vehicle is unsuitable, the booker will be informed that a PSV is necessary, and that a PCV licensed driver will be used who is subject to different checks and not required to have an enhanced DBS check  (Unless the driver also holds a private hire driver’s licence).

Vehicle Emissions

Members would recall that the matter had previously been before the Committee.

Discussions amongst partner authorities had revealed that there had been no consistency with polices that had been adopted.  Some authorities had not set emissions or age standards, whilst others, Northumberland included, had used the EU Euro Standards, the last of had been set in 2015.  All vehicles manufactured after that date for sale in Europe had to meet this higher standard.

Members were reminded of the original proposal:

New licences.  A 4 year vehicle age policy, with effect from April 2020 in order to be Euro 6 compliant.

Existing vehicles.  Adopt a maximum  ...  view the full minutes text for item 10a

To update Members on consultation responses on whether there should be changes to the current hackney carriage tariff.

Members were updated on the consultation responses on whether there should be changes to the current hackney carriage tariff.

Mr Soderquest explained that the Local Authority was responsible for setting the fares for hackney carriages, but did not have the ability to set rates for private hire.  The County Council set the tariffs at the maximum charge that may be levied, which the operator could not charge more than the maximum.

All tariffs had been rationalised in 2018 with the same tariff across the county.

Information was circulated to the Committee which outlined the hackney carriage fare charges and fare calculator and Mr Soderquest explained how the charges and fares were calculated.

A light touch consultation had been carried out with the trade with a total of 65 responses, which had been a low response, however, it was explained that the LGA set out the statutory process for varying the tariff.  The Committee was informed that a decision needed to be made whether to vary the tariff, which would be published in the local press and offices and Mr Soderquest explained the process for this.  If the proposal was challenged, the Committee would have to decide whether to amend the proposal.

Comments were raised in relation to yardage and the costs, and transport for Northumberland, fuel costs and climate change

A member expressed his concern about the timing of the consultation given the exceptional circumstances with fuel etc.  Members were informed that they needed to consider the proposal that was in front of them.

Mr Soderquest explained the tariffs, the flag fall and charges per mile based around the percentage of an increase.

Councillor Sharp moved the proposal to increase all 6 tariffs, this was seconded by Councillor Hardy.

Members were advised that if they were minded to vary the tariff, then consider an indicative increase to apply to all of the 6 tariffs.

A suggestion was made to review in one year’s time.

Councillor Sharp proposed all 6 tariffs were increased with 5% on the flag with a review in one year.  This was seconded by Councillor Hardy

Upon being put to the vote , 5 voted in favour to approve the proposal, with 3 against and 1 abstention. 

It was therefore RESOLVED to increase all 6 tariffs with an increase of 5%, to be reviewed in one year.

The Committee was informed that a date of implementation for the increase needed to be agreed.   A date of 5 May 2022 was suggested to allow a period of consultation and publication to allow the responses to be brought back to a scheduled or special Licensing & Regulatory Committee.  Councillor Wallace moved the recommendation, for the implementation date of 2 May 2022, which was seconded by Councillor Humphrey and unanimously agreed.

To update Members about new requirements from 4 April 2022 for licensing authorities to complete a tax check when renewing licences to: 

· drive taxis or private hire vehicles 

· operate private hire vehicle businesses 

· deal in scrap metal 

Members were updated about new requirements from 4 April 2022 for licensing authorities to complete a tax check when reviewing licences to drive taxis or private hire vehicles; operate private hire vehicle businesses; deal in scrap metal.

RESOLVED that the report be noted.

The next meeting of the Licensing and Regulatory Committee will be on Wednesday 27 April 2022.

RESOLVED that the next meeting of the Licensing and Regulatory on Wednesday 27 April, be noted. 

Members were informed of a future training session and it was hoped that all members of the committee would attend.