Agenda item

The Committee will receive an update from the Licensing Authority Working Group which has met on two occasions and a copy of the notes from the meeting of 2 May 2019 are attached.  The Committee will receive a verbal update on the Working Group meeting of 22 May 2019.

 

The Working Group also seek to recommend to the Licensing Committee the adoption of their approved Terms of Reference which are detailed below:

 

1.         In relation to hackney carriage and private hire vehicles licensing for

          Wiltshire the Licensing Authority Working Group will consider/review the

          following:

 

·           Wiltshire’s hackney carriage maximum tariffs/fare levels

·           The introduction of literacy and language tests for drivers

·           Enhanced safeguarding for proprietors

·           Use of accessible vehicles for wheelchairs

·           Use of CCTV in hackney carriages and private hire vehicles

·           The use of enforcement on taxi ranks

·           Use of Uber within Wiltshire.

 

2.      To make any evidenced recommendations to the Licensing Committee for improvement/approval as appropriate.

Julie Anderson-Hill (Head of Service for Culture and Operational Change, Waste and Environment) introduced her Team – Peter White, (Head of Enforcement).  Pete explained that the hackney carriages/private hire licensing had previously been part of the Fleet Team, but this had now moved across to sit under him within the Enforcement Team.  Tom Ince (Amenity Partnership Team Leader) had moved across to work under Peter.  There were currently a team of 4 working on hackney carriage/private hire licensing but two of these staff had only recently commenced and would require a number of months to get them up to a suitable knowledge standard. 

 

It was agreed that a list of Officers within these Teams in particular areas would be shared with Members following the meeting.

 

The Committee considered the Terms of Reference for the Licensing Authority Working Group which the Working Group had approved at their meeting on 22 May 2019.  The Committee confirmed that they were in agreement to adopt these Terms of Reference. 

 

Members asked the following questions;

 

Q        Are the vehicle MOTs sufficient to ensure the safety of the users of taxis in Wiltshire?

 

A        We check that MOTs are in place on the vehicles that we licence, and we do six monthly inspections.  We have stricter rigorous standards which are over the current legal requirements.

 

Q        Is there an age restriction on vehicles that are licenced in Wiltshire?

 

A        We are reviewing our current age restrictions on vehicles as it may be that whilst a car could be older, the mileage could be lower and the vehicle could be used as a wheelchair accessible vehicle.

 

Q        Do we have a fleet of taxis that is 100% wheelchair accessible?

 

A        No.  As mentioned earlier, we are looking at relaxing some of our age of vehicles criteria to allow older cars that are wheelchair accessible to be used.

 

Julie gave an update to the Committee on behalf of the Licensing Authority Working Group and highlighted the following:

 

·       The Working Group have met on two occasions since March;

 

·       At the first meeting a number of actions were requested of Officers and updates on progress of these were reported at the second meeting;

 

·       Uber are NOT currently licenced as a private hire operator in Wiltshire, but this does not mean that they cannot operate their service in Wiltshire.  Uber take bookings via their office in Bath, where they are licensed, or via their app and subcontract them to Wiltshire licensed hackney carriage drivers/vehicles. A hackney carriage can be used as a private hire vehicle and is not subject to the same operator’s licence requirements that a private hire driver would be;

 

·       The law allows a licensed private hire driver and vehicle to work and pick up from anywhere within the Country if the journey is pre-booked;

 

·       The Fleet Licensing Team believe that any driver working for Uber and taking private hire bookings should hold a Private Hire Operators Licence. It is proposed to update the Council’s driver and vehicle guidelines to state that any driver or vehicle operating on behalf of Uber must hold the above operator’s licence.  The Team have contacted the Council’s Legal Team for guidance on the above and whether it can be legally implemented.  A briefing note for all Members on Uber will be circulated following the meeting;

 

·       The Fleet Licensing Team had confirmation from the Passenger Transport Team that any school contractors based outside of the County must comply with Wiltshire’s licensing rules and they will also have an enhanced DBS for each driver;

 

·       Wiltshire is a member of the National Anti-Fraud database and are looking into subscribing to the National Refusal database where they can check if drivers/operators have any suspensions/revocation of any licences;

 

·       Officers were in the process of reviewing the safeguarding training and were working with HR and IT to look to produce an online version of the training which drivers would be requested to come in and complete at a Hub as it was thought that some training may be completed by operators on their behalf.  Officers wanted to be assured that it was being completed by drivers;

 

·       The issue of CCTV in vehicles was being looked at with advice being sought from the Council’s Legal and Information Governance Teams awaited;

 

·       The taxi tariff/fare levels had not been reviewed since they were agreed in 2014.  The costs of licences had risen between 5% and 10%;

 

·       Only one written complaint had been received about the high price of fares in Salisbury.  Officers want to work with the trade to ensure that the tariffs work for them and a meeting with the trade was planned for 10 June to discuss this with them;

 

·       Officers were committed to ensure that Wiltshire had the best taxi service for all going forward; and

 

·       It was not yet known when the responses to the Government consultation “Taxi and private hire vehicle licencing: protecting users” that ran from February to April 2019 would be published.  It was expected that there may recommendations arising from this and that we may have already implemented some of them.

 

The Chairman thanked the Working Group Members for their contributions and acknowledged that there had been a lot of information to take on.  He also thanked Officers for their prompt response to the actions raised.  A detailed report on behalf of the Working Group would be presented to the Committee at their meeting on 2 September.

 

A Member expressed surprise that there had only been one complaint from Salisbury in relation to the tariff rates.  He felt that Salisbury’s night time economy was in decline because of the tariff rates.

 

Officers confirmed that some verbal complaints had been received from drivers in the Salisbury area about the tariffs and they had been asked to put these concerns in writing, but none had been forthcoming.  Officers were planning to engage with the trade representatives at the trade meetings and get the message across that they welcome the views from drivers in all areas.

 

A Member asked if further letters of complaint were received could the tariffs be lowered, to say tariff 2?

 

Officers confirmed that the rest of Wiltshire went up to Salisbury’s tariff in 2014.  Some drivers in other areas in Wiltshire have indicated that they would like a small rise to the tariff rates which is against the Salisbury area view that the fare levels are too high.  The fees have gone up, but the tariffs are only a maximum that can be charged.  Officers want to work with the trade and may investigate different ways of providing transport where needed, particularly in Salisbury.  It could be that Salisbury businesses could support buses that could go to the outline areas of Salisbury or the military bases?

 

Officers would continue to review the tariff based on evidence, they were also surprised there was only one letter of complaint, but they would need substantive information to consider lowering the tariffs as the operators will then report that they cannot run the business as it would be making a loss.

 

A Member asked what is stopping Uber coming into Wiltshire?  Officers reported that Uber could apply to operate in Wiltshire and they would need to have a base within Wiltshire to do this. 

 

Officers explained how the tariffs work and the charges that can be made depending on the time of the journey.  Members were reminded that a journey can be pre-booked and a fare agreed without having to use the meter.

 

Resolved:

 

1.    That the Licensing Committee adopt the Terms of Reference (as below) as recommended by the Licensing Authority Working Group.

 

i)               In relation to hackney carriage and private hire vehicles licensing for Wiltshire the Licensing Authority Working Group will consider/review the following:

 

·                Wiltshire’s hackney carriage maximum tariffs/fare levels

·                The introduction of literacy and language tests for drivers

·                Enhanced safeguarding for proprietors

·                Use of accessible vehicles for wheelchairs

·                Use of CCTV in hackney carriages and private hire vehicles

·                The use of enforcement on taxi ranks

·                Use of Uber within Wiltshire

 

ii).                 To make any evidenced recommendations to the Licensing                 Committee for improvement/approval as appropriate.

 

2.          That the Licensing Committee note the update from the Licensing Authority Working Group.