Agenda item

The Licensing and Support Services Manager, Worcestershire Regulatory Services (WRS), presented the report to Members.

The purpose of the report was to update Committee Members on the delegated authority to WRS Officers, to determine applications for licenses to use vehicles as hackney carriage or private hire vehicles where the vehicles did not meet the Council’s required criteria in respect of the age of the vehicle.

It was noted that there was a typographical error in paragraph 3.9 (page 51 of the main agenda report).  The date  should read 1^st August 2024 and not 1^st August 2025.

Members were reminded that on 29^th March 2023, following consultation, that Licensing Committee Members had directed Officers to proceed with the actions required to delegate authority to determine applications for licences to use vehicles as hackney carriages or private hire vehicles where the vehicles did not meet the Council’s required criteria in respect of the age of the vehicle.

A considerable number of such applications were made each year, and it was recognised that arranging and attending Licensing Sub-Committee Hearings to determine such applications, was time consuming and resource intensive for all involved from arranging the Sub-Committee Hearings to collating information and getting Members of the Licensing Committee together to determine such applications.

The proposed delegation to Officers was considered by the Constitutional Review Working Party (CRWP) and on 7^th March 2024 the CRWP made a recommendation to Council that, for a trial 12 month period, that Officers be given delegated authority to determine hackney carriage and private hire vehicle applications that fell outside of the Council’s age criteria policy.

On 20^th May 2024 Council resolved that the delegation be given to Officers for a 12 month period as recommended by the CRWP. The trial period was due to end on 31st July 2025.

As highlighted in the preamble above, Council approved a 12 month trial period rather than a permanent delegation to Officers.

This report sought to update Committee Members on the outcome of the 12 month trial period.

Officers had been determining such applications since 1^st August 2024 using a robust set of procedures that provided a clear audit trail on the decision-making process.

32 vehicles had been inspected, which was not dissimilar in numbers to those considered by Licensing Sub-Committee Members in the previous year (39) from June 2023 to July 2024.

During the 12 month trial period, 4 vehicles were refused and 28 were granted.

The process had worked well and had ensured well-reasoned and detailed decisions were reached using professional and transparent methods. Vehicles were inspected by a Licensing Officer with a qualified mechanic at the Council’s dedicated testing facility. Officers had implemented a very strict criteria and vehicles could be seen at the Council’s testing facility within a short period of time.

Officers had also noted an increase in vehicle standards throughout the duration of the 12 month trial period and overall feedback from the applicants appeared to be positive. The flexibility that this process offered enabled applicants to be dealt with more efficiently and quickly and at a time that was convenient to the applicant.

Officers considered that the 12 month trial period had been successful and would invite Licensing Committee Members to consider directing Officers to carry out a consultation to establish if the relevant stakeholders agreed with the Officers’ assessment of this delegated process and whether it could be made as a permanent delegation to Officers.

Councillor S. Khan commented that he found it very interesting to note that Officers could see vehicles in a short period of time, as he had received complaints from taxi drivers who had found it difficult to get an appointment. Furthermore, could Officers evidence the increase in vehicle standards? Also, what did other authorities in Worcestershire do for age criteria vehicles?

In response the Licensing and Support Services Manager, WRS, explained that the time was quicker for applicants to be given an appointment at the Council’s testing facility than the time taken to arrange a Sub-Committee Hearing. Should the delegation of Officers end, then Officers would be looking to arrange two Licensing Sub-Committee Hearings in August 2025 in order to deal with the number of age criteria applications received.

There were two full time mechanics at the Council’s testing facility.  Officers had fed back that vehicles being presented for test were much cleaner and that drivers appeared to be taking more pride in their vehicles.

With regards to other local authorities and age criteria vehicles, Worcester City Council, Wyre Forest District Council and Malvern Hills District Council had all delegated authority for such applications to be determined by WRS Licensing Officers.

Following the lengthy  debate and questions raised, on being put to the vote, it was

RESOLVED that

a)    a six-week consultation period be carried out with relevant stakeholders to consider a permanent delegation to Officers to determine hackney carriage and private hire vehicle applications where the vehicle does not meet the council’s policy in respect of the age of the vehicle; and

b)    the results of the six-week consultation be reported back to the next meeting of the Licensing Committee.