Agenda item

The attached report of Danial Farr (Compliance Officer) seeks to inform the Committee of the commencement of Sections 165 and 167 of the Equality Act 2010 which came into force on 6 April 2017. These sections impact on the Council’s hackney carriage and private hire licencing regime. 

Ian Brown (Head of Environment Services) referred to the report circulated with the Agenda which informed members of the commencement of Sections 165 and 167 of the Equality Act 2010 which came into force on 6 April 2017.  These sections impact on the Council’s hackney carriage and private hire driver and vehicle licensing regime.  Ian highlighted the following:

·       Although there is no obligation for Council’s to create and maintain a list of designated vehicles for disabled users, the Government strongly recommend that local authorities do this as there is a risk of challenge if it does so without good reason;

·       The powers under the Act are more robust and would allow us to convict and fine anyone who breaches the duties under Section 165 and have consideration as to whether they remain a fit and proper person to hold a taxi or private hire driver licence.  Any appeals for a revocation of licence are heard by the Magistrates Court; 

·       Under Section 167 the requirement would be for the Council to have a list of all designated vehicles that is made available on the Council’s website to assist travellers in making informed travel choices when looking to find wheelchair accessible vehicles in Wiltshire; and

·       Feedback from the trade on the proposals had been mostly positive.  Larger firms currently need to provide 1 wheelchair accessible vehicle in 10 and the Council try to encourage more than 1 in 10.

Committee members raised the following:

Q        If someone refuses to carry a passenger without reasonable excuse would you issue them with penalty points and then go on to consider if they were fit and proper person to retain their licence?

A        Yes if drivers refused to carry passengers, penalty points would be issued and if these totted up it would be likely that their licence would be revoked.

Q        Would the Committee get to see the amended guidance for approval?

A        The guidelines are currently under review and would be amended in line with the DfT recommendations and brought to a future Licensing Committee for approval.

Q        How do we intend to communicate with groups of wheelchair users?  I would like to see the Council doing engagement with user groups – Perhaps once the list is prepared it could be highlighted at Area Boards with a list being circulated and shared within Chairman’s announcements.

A        Yes, we can prepare details for Area Boards.

Q        Could we ensure that all vehicles clearly display that they are wheelchair accessible – perhaps with a sticker or logo being displayed?

A        Yes this can be arranged.

The Committee all agreed that they would like for these changes to be communicated to all relevant groups and the Area Boards as discussed. It was then:

Resolved:

That the Licensing Committee:

1)    Agree the implementation of the powers available to the Council in Sections 165 and 167 of the Equalities Act 2010 and their addition to the Council’s Guidelines for taxis and private hire drivers and vehicles, in line with the Department for Transport statutory guidance.

2)    Authorise officers to:

i)               Create a list of designated vehicles and make available to the public.

ii)             Publish the list of designated vehicles for the Equality Act 2010 on the Wiltshire Council website.

iii)           Consider exemptions on medical grounds in line with the Department of Transport Guidance based on medical evidence submitted by drivers from their doctors saying that they are unfit to fulfil their duties outlined in Section 165 of the Equality Act 2010.

iv)           Implement the change, giving drivers 56 days to submit their exemption request, from date of 1 February 2018 to comply with Section 165 of the Equality Act 2010.

v)             All applicants for hackney carriage and private hire driver licences, received after the implementation date will be required to submit exemption request at the time of application.

vi)           Prepare amended Guidance for future consideration by the Licensing Committee.

vii)          Communicate the information on wheelchair accessible vehicles to user groups and via Area Boards.