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Decision details

Changes to Hackney Carriage and Private Hire Licensing Policy

Decision Maker: Deputy Chief Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

This report sets out changes to the Hackney Carriage and Private Hire Licensing Policy.
The changes focus on facilitating understanding of the Policy, matters to do with the “fit and proper,” requirement and public safety and making it more robust.
Section 3.6 Medical Examination will be amended as follows to improve clarity of the requirement and process:
3.6.1 All applicants are required to meet the DVLA Group 2 Medical Standard or equivalent. This will require the applicant to undergo a full medical examination by their own GP at their own cost. The Group 2 Medical Assessment and form must only be carried out and completed by applicants own GP. Third Party agents or private suppliers of this service are not permitted. However, the Council as Licensing Authority may direct an applicants case to an alternative provider if their own surgery is unable to provide a Group II Medical Assessment and/or to the Councils Authorized Medical Practitioner if it considers appropriate to do so as part of the “fit and proper” test.
Page 63, Point 8 (Procedures), will be amended as follows to improve clarity of the requirement and process:
8. A medical must be carried out on the Council’s prescribed form by your own GP. The medical test will be carried out to PSV Group 2 specification. This medical must be completed to the satisfaction of the Council BEFORE a license is issued. The Council will only accept a medical certificate produced on the Council’s prescribed form. No other form of certificate will be accepted. The Medical Form will be provided when you submit your application. A medical is required every 3 years until you reach the age of 60 and then annually. . The Group 2 Medical Assessment and form must only be carried out and completed by applicants own GP. Third Party agents or private suppliers of this service are not permitted. However, the Council as Licensing Authority may direct an applicants case to an alternative provider if their own surgery is unable to provide a Group II Medical Assessment and/or to the Councils Authorized Medical Practitioner if it considers appropriate to do so as part of the “fit and proper” test.
Page 66 – Point 44 (b) Group II Medical - Minor revisions have been made to the wording of Penalty Points categories to make it easier to understand and to reflect changes agreed at the meeting of the Licensing Committee held in November 2022, plus other operational and regulatory requirements aimed at raising standards. This also includes amendments to the number of Penalty Points applied per breach as appropriate to reflect the seriousness of such. These are set out in the attached document entitled Appendix O Penalty Points.
A new paragraph has been added to the Policy providing clarity as to what modifications to a licensed vehicle require prior approval, or are prohibited. This paragraph reads as follows:
"Changes to Vehicle
Other than where required to comply with licence conditions and/or legal requirements, the Council does not allow the external and/or internal appearance of a licensed vehicle to change for any purpose, nor any form of cosmetic or mechanical modification (excluding the use of seat covers.) This includes the following, but this is not an exhaustive list:
- Tinted windows where these are not added at the time manufacture.
- Modifications to the vehicle number plate, chassis or Vehicle Identification Number
- Changes to a vehicles engine (other than by way of formal application and consent by the Licensing Authority)
- Use of mileage modification devices, changes to the odometer or measures put in place which do not show the actual current and accurate mileage undertaken by a vehicle.
- Changes to make the level of noise omitted from an engine or exhaust to increase the sound level.
- Changes to suspension or engine capability other than what was in place at the time of manufacture
- Additions to a vehicle after manufacture such as spoilers, changes to lights and/or number plate lettering and numbers.

Decision:

To implement changes to the Hackney Carriage and Private Hire Licensing Policy as set out above.

Alternative options considered:

The only alternative option is to do nothing. This is not considered the appropriate approach given the need to raise standards and protect community safety. Cllr Gurinder Jhans (Portfolio Holder for Environmental Services and Sustainability) and Cllr Ian Irvine (Chair of Licensing Committee) have been consulted on these changes and given their support.

Publication date: 06/02/2023

Date of decision: 06/02/2023

Accompanying Documents: