Report Author: Alison Hughes

Report Date:October 2016

BLAENAU GWENT COUNTY BOROUGH COUNCIL
Report to / General Licensing Committee
Report Subject / Consideration of minor amendments to the Taxi Licensing Policy for Blaenau Gwent
Report Author / Alison Hughes, Team Manager, Licensing
Report date / October 2016
Directorate / Environment and Regeneration
Executive Portfolio Holder / Licensing Committee
Date of meeting / 1st November 2016
Date signed off by
Monitoring Officer
Date signed off by
Section 151 Officer
Date signed off by Chair
Key words / Taxi, policy, knowledge, intended use,

Report Information Summary

1. / Purpose of Report*
1.1 / To consider adopting three minor amendments to previous taxi policy decisions, in relation to the intended use of vehicles and the knowledge of drivers.
2. / Scope of the Report*
2.1 / This report affects the taxi trade and customers throughout Blaenau Gwent. It will help to ensure that licenced taxi vehicles are used for the benefit of Blaenau Gwent residents, and that taxi drivers have sufficient knowledge of the area to provide their customers with an efficient and effective taxi service.
3. / Recommendation/s for Consideration*
3.1 / That the Committee agreethreeminor amendments to decisions made by the Committee on the 2nd June 2015 (Option 1); namely:
(i)Knowledge Test
To amend the decision of 2nd June 2015 in respect of the knowledge test requirements for drivers to add that “If considered necessary, due to evidence of a lack of geographical knowledge of Blaenau Gwent, existing drivers may be required to take and pass the knowledge test facilitated by Torfaen Training and, if they do not comply with this requirement, their hackney carriage drivers licence application may be reviewed with a view to revoking that licence”.
(ii)Intended Use Policy
Para 7 of the Intended Use policy is expanded to provide a definition of full time working in respect of this policy, acknowledge that drivers may choose to work part time, and explain the steps the authority will take to ensure that, in such cases, drivers are not operating unlicensed in other local authority areas
(iii)Intended Use Policy - Minor amendments to paragraph 8.1, to improve the legal clarity of this section.
Why this topic is a priority for the Council?*
Report author to identify links to the main corporate strategies.
Single Integrated Plan (SIP) / Corporate Improvement Plan (CIP) / Performance Management Improvement Framework (PMIF) / Operating Model / Transforming Blaenau Gwent (TBG Programme) / Other
(please state)
Regulatory
Reporting Pathway*
Report author to identify proposed reporting pathway.(To include dates where possible)
Directorate Management Team (DMT) / Corporate Management Team (CMT) / Audit / Democratic Services Committee / Scrutiny / Executive / Council / Other (please state)
Y / Licensing Committee

*Denotes mandatory section

Main Report

1. / Background and Context*
1.1 / Blaenau Gwent County Borough Council has a duty to ensure that all Hackney and Private Hire vehicles operating in this area are safe and meet legal criteria. The policies and procedures put in place to ensure this have developed over time to reflect changes in the taxi trade and customer expectations.
1.2 / On 2nd June 2015,General Licensing Committee agreed the adoption of
(i)A knowledge test for new drivers, which tested the local geographical knowledge of applicants.
(ii)AnIntended Use policy, which stated that applicants making an application to licence a vehicle in Blaenau Gwent must intend to use that vehicle in the Blaenau Gwent area, and
1.3 / Since the adoption of the Authority’s revised Constitution, in June 2016, the responsibility for hackney carriage and private hire vehicle policies and conditions continues to be the responsibility of the General Licensing Committee.
1.4 / Since the June 2015 decision, 35 drivers have had their licences revoked or refused – 14 have been on the grounds of intended use, 9 for failing to take a knowledge test and one for both. Other reasons for revocation have included immigration status or the failure to provide insurance documents.
In addition to the above, a number of drivers have not applied for licence renewals, some of whom may have understood or been advised that they might not comply with the intended use or Knowledge policies. However, Officers are unable to quantify the number of drivers not renewing their licences as a result of these policy changes.
1.5 / Revocationsand refusals relating to the knowledge requirements generallyarise from interviews with officers during licence applications or other contacts. Drivers showing poor local knowledge are invited to take a knowledge test, with revocation or refusal considered where they fail to take or pass this test.
Licence revocations and refusals on the grounds of Intended use have generally arisen from
(i)Information from other authorities that drivers/vehicles have been found operating in their area and/or
(ii)The failure by license holders to provide sufficient proof that they are operating in the Blaenau Gwent area
One licence was revoked on the basis of both intended use and a lack of local knowledge, and there is a strong correlation in many other cases. In particular, information produced by a driver to support theirclaimto be operating in the Blaenau Gwent area may show poor local knowledge, and this would then be taken as evidence to support revocation on the grounds of Intended Use.
2. / Options for Consideration
2.1 / Option 1 - To recommend that three minor amendments are adopted, namely
(iv)Knowledge Test
To amend the decision of 2nd June 2015 in respect of the knowledge test requirements for drivers to add that “If considered necessary, due to evidence of a lack of geographical knowledge of Blaenau Gwent, existing drivers may be required to take and pass the knowledge test facilitated by Torfaen Training and, if they do not comply with this requirement, their hackney carriage drivers licence application may be reviewed with a view to revoking that licence”.
(v)Intended Use Policy
Para 7 of the Intended Use policy is expanded to provide a definition of full time working in respect of this policy, acknowledge that drivers may choose to work part time, and explain the steps the authority will take to ensure that, in such cases, drivers are not operating unlicensed in other local authority areas
(vi)Intended Use Policy - Minor amendments to paragraph 8.1, to improve the legal clarity of this section.
2.2 / Option 2 - To recommend that the minor amendments are subject to formal consultation with the taxi trade prior to being re-considered by this committee.
2.3 / Option 3 – That the Committee chooses not to accept the proposed amendments.
3. / Performance Evidence and Information*
3.1 / Since the implementation of the knowledge test in June 2015 for new drivers, it has become apparent that there are a small number of existing drivers whose knowledge is considered insufficient to enable them to effectively carry out their role as a licensed hackney carriage or private hire driver in the Blaenau Gwent area.
3.2 / The current policy and conditions state that journeys must be taken by the shortest route, and this infers the need for a good geographical knowledge of the area for all drivers, including existing drivers. Where such knowledge is lacking, it could be deemed a reasonable ground for revocation under Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.
3.3 / Using the fit and proper test as above, existing drivers appearing to have insufficient local knowledge have beenasked to take the knowledge test. If they fail the knowledge test or refuse or fail to take the knowledge test, having been given sufficient opportunity to take and pass the test, new licences will not be granted and current licences will be reviewed and may be revoked.
3.4 / Using the fit and proper test in the above way is perfectly legal and necessary in the opinion of Licensing Officers.However, it is not entirely in line with the General Licensing Committee decision of 2nd June 2015, which applied this rule only to new drivers.The Committee therefore needs to amend this decision. This was recently highlighted when an existing driver with limited geographical knowledge of the Blaenau Gwent area appealed against a licence revocation, arguing that the requirement for him to undertake the knowledge test was in contravention of Council policy. On that basis, the Authority was obliged to withdraw its objection to this appeal and to re-instate the licence.
3.5 / In order to ensure that all drivers have sufficient local geographical knowledge, it is recommended that the previous decision is amended to state that existing drivers may be required to take and pass the knowledge test where there is evidence of a lack of geographical knowledge of Blaenau Gwent. Where drivers then fail to take and pass their test, the authority will then review their licences and can decide to suspend or revoke.
3.6 / The Intended Use Policy was adopted in order to help ensure that
(i)Vehicles licensed in Blaenau Gwent were used to the benefit of Blaenau Gwent residents, and
(ii)Vehicles licensed in Blaenau Gwent were available for safety and inspections by our officers, as appropriate.
In practice, the intended use of a vehicle has proven more complex to establish. Some drivers do not operate full time in the Blaenau Gwent area due to family or other work commitments, rather than because they are intending to work elsewhere.
3.7 / In order to focus the Intended Use Policy on those drivers seeking to operate other than in Blaenau Gwent, it is recommended that the policy is amended to show what is expected by this Authority in respect of full time working, acknowledging that drivers may choose to work part time, and explaining what steps we will then take to ensure that they are not, in fact, operating in another local authority area without being licensed by that local authority. The proposed changes to the Intended Use Policy are shown in Section 7 of that policy, which is attached as Appendix 1 (proposed amendments in green italics).
3.8 / A minor amendment has also been made to Section 8, following internal legal advice, which helps make clear that the Authority refers to the principals established in Newcastle City Council v Berwick upon Tweed Council [2008] rather than repeat the findings of that case verbatim.
3.9 / The Authority is obliged to consult on any major changes to taxi licensing policy, and did so prior to the original introduction of the Intended Use Policy and Knowledge Test requirements. However, the internal legal advice is that the recommended amendments outlined in this report are considered minor and they have not therefore been consulted on.Should Members feel that consultation is appropriate,the cost of advertising will be around £600. Depending on the queries raised and level of controversy, there is a potential significant impact in terms of staff time.
4. / Impact Assessment Against Proposals / Options*
4.1 / Sustainable Development Principles:

Thinking for the long term – The matters outlined in this report help maintain a vibrant taxi trade that best serves the local community.
Taking an integrated approach – The matters outlined in the report meet the relevant well-being goals by strengthening the policies and license conditions that aim to protect the public.
Taking a preventative approach – The matters outlined in the report meet the relevant well-being goals by strengthening the policies and license conditions that aim to protect the public.
Collaborating – Not a consideration for this report.
Involvement;-The matters outlined in the report are subject to relevant democratic scrutiny and support..
Equality impact assessment screening. –The proposals do not, in themselves, differentiate on the grounds of any matters pertaining to equality issues. Whilst the drivers having their licenses revoked or refused largely fall into certain racial groups,three points must be noted
The standards set are designed to ensure minimum safety and service standards for service users
The affected drivers live a distance from Blaenau Gwent, making it more difficult for any driver, regardless of race, to operate in and know the Blaenau Gwent area
Local drivers, regardless of ethnic background, would not be affected in the same way as they would be operating in and know the Blaenau Gwent area.

5. / Financial Implications*
5.1 / Should the recommendations made in this report(Option 1) be accepted, there are limited financial implications. Option 1 makes it easier to deal with those taxi vehicles not meeting the required policy standards. Should Members feel that consultation is required prior to introducing the proposals (Option 2), the likely costs are outlined in Section 3.9, above. With Option 3, the financial implications are considered to be minimal but the Authority will be unable to properly regulate the taxi and private hire vehicle trade.
6. / Risk Implications*
6.1 / The recommendationsoutlined in this report, under Option 1, could increase the number of revocations and therefore increase the number of appeals. However, the position of the Authority in dealing with appeals would be strengthened, reducing the risk of the Authorityhaving to pay any appellant’s court and legal costs. Reputational risk are minimised as the Authority will be better protecting the public and the compliant local taxi trade. Consultation (Option 2), although not considered legally necessary (see paragraph 3.9), will assist in minimising reputational risk.
6.2 / If the recommendations are not accepted (Option 3), there is a risk that:

drivers licensed in Blaenau Gwent may continue to operate illegally elsewhere, and
that taxi customers may be disadvantaged by taxi drivers who are unable to take them to their destination and to choose the most direct route.

7. / Staffing/Workforce Development Implications*
7.1 / None
8. / Conclusion*
8.1 / Three minor amendments to previous taxi policy decisions, in relation to the intended use of vehicles and the knowledge of drivers, are proposed, namely
(i)A minor amendment to the Knowledge test approval to extend the need for good local knowledge to existing as well as new drivers
(ii)A minor amendment to the application of the Intended Use Policy, to improve the focus of enforcement on those drivers operating in other local authority areas
(iii)A minor amendment to the Intended Use Policy, to improve the clarity and meaning of this Policy.
These amendments arise from our experience of implementingpolicy changes made in June 2015, and are intended to assist in making our decisions more robust and able to better defend our decisions if appealed.

*Denotes mandatory section

Appendix 1 –Intended Use Policy - Amended Nov 16