Agenda item

To consider report HCS/060 of the Head of Community Services.

The Committee considered report HCS/060 of the Head of Community Services.  The Health, Safety and Licensing Team Leader presented the report, which sought approval for several variations to the Hackney Carriage and Private Hire Licensing Policy.  The proposed amendments aimed to strengthen the requirements set out in the existing Policy, which in turn were proposed to further improve public safety.  The Committee heard a summary of the proposed changes, which included:

·       Further detail regarding the use of the NR3S Register;

·       New requirements relating to HMRC tax code checks for licensed drivers;

·       Amendments to the maximum number of penalty points allowed on a licence;

·       Clarification of licence conditions and licensee self-reporting scenarios;

·       A new requirement for licensed individuals to keep their knowledge of the Policy up-to-date.

The Committee then discussed the matter and the following comments were made:

·       Clarity was sought over the minimum age for a person to apply to become a licensed driver.  It was explained that there was no minimum age, but applicants must have held a driving licence for a minimum of 12 months to be eligible to apply.

·       A query was raised as to whether the Council undertakes checks to ensure that licensed drivers and vehicles are properly insured.  Officers confirmed that checks are undertaken regularly and those without sufficient insurance may be subject to a suspension of their licence.

·       Officers were asked whether the Policy is circulated to licensed drivers as and when changes are made.  It was confirmed that significant changes are communicated (including those changes currently before the Committee), but that in general, it was the responsibility of each individual licensee to ensure they regularly read and comply with the Policy.

The Committee discussed in detail the proposed addition to the Policy that any person applying to become a licensed driver should have no more than three DVLA penalty points on their driving licence.  Views were expressed both for and against the proposal.

Committee members against the three-point maximum were of the view that the threshold was too low and would preclude local people from applying for a licence.  A balance needed to be sought between ensuring public safety and ensuring applicants had the opportunity to join the trade to serve the town’s residents.  Neighbouring local authorities had varying practices, with some requiring zero points and others implementing maximums higher than three points; under the law those drivers were able to operate in Crawley under these looser restrictions so it seemed unfair to penalise applicants from Crawley with the same credentials.  Furthermore, Metrobus bus driver applicants tended to be allowed a maximum of six points.  Aligning the Policy with those of nearby authorities should be considered – it was proposed to compare with Transport for London’s Policy.

Committee members in favour of the three-point maximum were of the view that the main aim of the Policy was to facilitate public safety – applicants with more than three penalty points may have a history of dangerous driving, which could mean they are not a fit and proper person and therefore may pose a risk to the travelling public.  If caught speeding, drivers could sometimes undertake a Speed Awareness Course in lieu of receiving three points, and any penalty points received were removed from a licence after four years.  Licensed drivers were professionals and the standard to which new applicants were held should not be lowered, so it was felt that the proposed three-point threshold should not be increased.

Officers clarified several matters during the discussion:

·       That three points were generally given for one lower-end offence, for example speeding, an insurance breach, or running a red light (but penalties varied significantly depending on the case in question).

·       That licensees were required to notify the Council of any penalty points within 48 hours of being issued.

·       That those with more than 3 points would not be precluded from applying for a licence, and that each application was considered on its individual merits. It would be for an applicant to demonstrate why they fell outside of the Policy.

·       That this matter was not covered in the existing Policy as it did not specify a maximum number of points for new applicants.  The Policy currently set out that existing licensees were to have their licence considered by the Head of Community Services if they received seven points or more.  If the proposed changes were approved, this system would remain in place, with the addition of the three-point rule for new applicants only.

·       That, having briefly researched TfL’s Policy following requests from Committee members, it was unclear about the maximum number of penalty points, so it was not possible to make comparisons.

·       That neighbouring authorities implemented various maximums between zero and six points.

The following amendment to the wording of the proposed additional paragraph of Appendix L of the Hackney Carriage and Private Hire Licensing Policy was moved by Councillor Ali and seconded by Councillor Nawaz:

A new application will not normally be considered or granted if the individual has more than  3  6 DVLA Penalty Points endorsed on their licence until such time as the matter is removed from a licence. (This includes any Penalty Points, banning period or other sanction.)

A vote was taken and the amendment fell.

The Committee then moved to a vote on the original recommendations as printed in the report.

RESOLVED

That the Committee approves the amended wording and conditions of the Hackney Carriage and Private Hire Licensing Policy, as detailed in report HCS/060.