Agenda item

To receive the results of the consultation on the Statutory Taxi and Private Hire Vehicle Standards and to approve the adoption of the proposed changes.

Resolved:

1.1 That Cabinet receive the results of the consultation on the Statutory Taxi and Private Hire Vehicle Standards as detailed in Appendix 1.

1.2 That approval be given to adopt the proposed changes to conditions of licence as set out in Appendix 2 in line with the changes to the Draft Sandwell Private Hire and Hackney Carriage Licensing Policy.

1.3 That approval be given to adopt the proposed changes to the current policy as detailed in Appendix 3 and Appendix 4 which is the draft revised Sandwell Private Hire and Hackney Carriage Licensing Policy containing the proposed changes highlighted in yellow.

1.4 That approval be given to the implementation plan as set out in

Appendix 5 outlining the approach and actions to be taken for

implementing the changes resulting from the adoption of the Draft

Sandwell Private Hire and Hackney Carriage Licensing Policy.

1.5 That the standard relating to mandating the installation of CCTV in all licensed vehicles as a mandatory policy requirement is not adopted at this time, and that the current policy position of voluntary installation is maintained.

1.6 That approval be given to adopt the draft Data Processing Policy for NR3 (National Register for Revocations and Refusals of Licence) attached as Appendix 6.

Consideration was given to the results of the consultation on the Statutory Taxi and Private Hire Vehicle Standards and approval was sought to the adoption of the proposed changes to conditions of licence in line with the changes to the Draft Sandwell Private Hire and Hackney Carriage Licensing Policy.

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                  The Chair of Children’s Services and Education Scrutiny Board asked whether the recommendations from the Scrutiny Review into SEND transport had been considered for this report.

                  In response, the Cabinet Member for Culture and Tourism stated that the Statutory Taxi and Private Hire Vehicle Standards were the national standards issued by the Department of Transport to licensing authorities with a focus on protecting children and vulnerable adults and aimed to provide a common-core minimum standards for the taxi and private hire vehicle sector. 

                  Whilst officers were aware of the Scrutiny Review into SEND transport, the recommendations were service specific to SEND transport and those providing that service.

                  The council’s Private Hire and Hackney Carriage Licensing policy related to the whole of the taxi and private hire vehicle sector and therefore service specific requirements were not included in this policy. Any additional service requirements for SEND transport were detailed in the service’s Driver & Passenger Assistant Handbook.

Reason for Decision

The Statutory Taxi and Private Hire Vehicle Standards were introduced to protect children (under 18) and vulnerable people as defined by Section 42 of the Care Act 2014. Licensing authorities were under a legal duty under Section 177 (1) of the Police and Crime Act 2017, to have regard to the Statutory Standards which meant they should be rigorously considered in formulating policy.

The Standards recognised that licensing authorities must reach their own decisions, both on overall policies and on individual licensing matters in light of the relevant law, however it should be noted that the Statutory Taxi and Private Hire Vehicle Standards might be drawn upon in any legal challenge to an authority’s practice.

The Licensing Committee recognised that substantial changes would be required to the current Sandwell Private Hire and Hackney Carriage Licensing Policy and met to discuss these changes in detail together with the implementation plan detailing when these changes would come into effect on 24 February 2022. 

Alternative Options Considered

There were no alternative options given for consideration.  Licensing Authorities had a legal duty under Section 177 of the Police and Crime Act 2017, to have regard to the Statutory Standards.

Agreed:-

(1)     that Cabinet receive the results of the consultation on the Statutory Taxi and Private Hire Vehicle Standards as now submitted;

(2)     that approval be given to adopt the proposed changes to conditions of licence as set out in Appendix 1 in line with the changes to the Draft Sandwell Private Hire and Hackney Carriage Licensing Policy;

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(3)     that approval be given to adopt the proposed changes to the current policy as now submitted, which is the draft revised Sandwell Private Hire and Hackney Carriage Licensing Policy containing the proposed changes highlighted in yellow;

(4)     that approval be given to the implementation plan as now submitted outlining the approach and actions to be taken for implementing the changes resulting from the adoption of the Draft Sandwell Private Hire and Hackney Carriage Licensing Policy;

(5)     that the standard relating to mandating the installation of CCTV in all licensed vehicles as a mandatory policy requirement is not adopted at this time, and that the current policy position of voluntary installation is maintained;

(6)     that approval be given to adopt the draft Data Processing Policy for NR3 (National Register for Revocations and Refusals of Licence) as now submitted.