Agenda item

To consider the consultation responses received to the Penalty Points Scheme for Hackney Carriage and Private Hire Drivers.

Following on from the Licensing Committee meeting held on 7th March 2016, where Members considered and approved for the purpose of consultation, the draft Hackney Carriage and Private Hire Penalty Point Scheme.  Members received a report on the responses received to the consultation and to consider deferring the introduction of a Hackney Carriage and Private Hire Penalty Point Scheme, following the responses received.

The Senior Practitioner (Licensing), Worcestershire Regulatory Services (WRS), reminded Members that during the Licensing Committee meeting held on 7th March 2016; Members had agreed and approved, for the purpose of consultation, the draft Hackney Carriage and Private Hire Penalty Point Scheme.

A large number of responses to the consultation were received, with the vast majority of responses received from licensed drivers.  95% of those who had responded had opposed to the introduction of a Hackney Carriage and Private Hire Penalty Point Scheme.  The comments received from the taxi trade highlighted that they felt that the scheme was not a fair scheme; and as such there was no requirement for such a scheme.  They were keen as a group to self-regulate and also felt that the current position to deal with complaints or non-compliance in respect of licensed drivers was thought to be adequate.  It was suggested that the scheme be deferred in order for the newly formed Redditch Taxi Association to try and prove that self-regulation could improve matters.

The Senior Practitioner (Licensing), WRS, explained to the Committee that officers believed that the responses received which opposed to the introduction of the scheme was due to a fundamental misunderstanding of the concept of the scheme and how it would be operated.  The intention was not to create new rules and regulations, but to put a mechanism in place that ensured compliance with existing licensing requirements without the need for formal legal proceedings, which were far more costly. 

The Senior Practitioner (Licensing) WRS, had met with three members of the newly formed Redditch Taxi Association.  The meeting had highlighted that a further consultation exercise was required with the taxi trade with regards to the scheme in order to provide further details.  This would enable licensed drivers to see how the scheme would work if implemented.

It was recognised that the majority of licensed drivers complied with the requirements placed upon them.  Therefore the majority of licensed drivers should not be alarmed by the introduction of a Hackney Carriage and Private Hire Penalty Point Scheme.  The intention of the scheme was to help identify licensed drivers who persistently failed to comply with the licensing requirements and therefore be accountable for their actions.

Further discussion followed on how self-regulation would work and be monitored by the taxi trade.  Members were keen to know the basis of the self-regulation and what rules would be applied and adopted.  Members had agreed, for the purposes of consultation, the draft scheme which had set out the requirements as agreed by the Licensing Committee, therefore the taxi trade would need to be clear on what they intended to monitor and how they would address any non-compliances and complaints.

In response the Senior Practitioner (Licensing), WRS, explained that there needed to be a balance.  Officers could provide the taxi trade with information on the main non-compliances reported to them, Redditch Taxi Association could then reiterate the non-compliances to their drivers and monitor any future non-compliance and complaints.

In response to further questions from Members, the Senior Practitioner (Licensing), WRS, informed the Committee that self-regulation was always the best way to deal with any issues or concerns, but clear measures needed to be identified and monitored in order to evidence any improvement with non-compliances and complaints received and reported.

Members asked for it to be noted that licensed drivers were ambassadors for the Borough and that those drivers who complied were important to the community.  Members were in agreement that only a small number of repeat offenders failed to comply with the requirements placed upon them, but there was still a need to ensure that any non-compliance or complaint was addressed and dealt with accordingly.

Members agreed that the Redditch Taxi Association should be given a period of six months to monitor any non-compliances and complaints.  Officers from WRS would then work with the Redditch Taxi Association to monitor any non-compliances and complaints.  It was further agreed that a future report on the outcome of the self-regulatory period be presented to the Licensing Committee meeting scheduled for 6th March 2017.

The Chair, thanked the three members from the Redditch Taxi Association for attending and observing the Licensing Committee meeting.  The Chair was extremely pleased that as a result of the Licensing Committee, Taxi Forums held on 18th January 2016, that the Redditch Taxi Association had been reformed.

RESOLVED that

(a)  the implementation of a Hackney Carriage and Private Hire Penalty Point Scheme, be deferred to allow further meetings and discussions with officers from Worcestershire Regulatory Services and representatives of the newly formed Redditch Taxi Association (RTA), in order to explain in more detail the aims of the scheme and how it would operate in practise; and

(b)  that a further report, detailing the findings from officers at Worcestershire Regulatory Services, to establish, as detailed in the preamble above; the monitoring of the self-regulating scheme run by Redditch Taxi Association (RTA)  with regard to complaints and non-compliance. The report to include detailed six monthly comparisons on the RTA self-regulating scheme to be presented to the Licensing Committee meeting on 6th March 2017.