Agenda item

This report seeks Members’ determination of an application for a Private Hire Operators Licence. The operating premises will be situated at 39 Layerthorpe, York YO31 7UZ.

Members considered a report which sought determination of an application made under Section 55, Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 by Christopher Hall of 57 Taxis Limited, trading as ‘Drive’, for the grant of a Private Hire Operators Licence operating from 39 Layerthorpe, York YO31 7UZ.  The premises currently operated as a licensed private hire operation and the Applicant was in the process of purchasing the business.

In coming to their decision, the Committee took into consideration all the evidence and submissions that were presented, as follows:

1.   The Taxi Licensing Manager’s report and his comments at the meeting.  He outlined the information set out in the report and annexes, including the revised additional conditions contained in the amended version of Annex 4 published in the Agenda Supplement.  In response to Members’ questions, he also confirmed that:

·        No parking issues had been raised in respect of the current operation.

·        Sub-contracting to drivers licenced out of the York area, including in Hull and Doncaster, was permitted under s.55.

2.   The application form, and the submissions made by the Applicant at the meeting.

Members considered the following options:

Option 1

Grant the licence as requested, with the standard and additional conditions attached, for a period of one year.

Option 2

Grant the licence with modified / additional conditions imposed by the licensing committee for a period of one year.

Option 3

Refuse the application, providing the grounds for refusal.

Following consideration of the options, it was:

Resolved:  That Option 2 be approved and the licence be granted with the standard conditions and the modified / additional conditions imposed by the licensing committee as set out below for a period of one year in accordance with section 55(1) of the Local Government (Miscellaneous Provisions) Act 1976. 

                   The additional conditions are as follows:

(a) Not to use any driver licensed by any other authority on the operator’s platform who is known to have taken and failed the York Knowledge and Safeguarding Test within the previous 3 years, unless the driver has booked to undertake the York Safeguarding and Knowledge test or has subsequently passed.

(b)     To require any other authority licensed drivers who wish to be recruited onto the operator’s platform to state [1] if they have previously taken and failed the York knowledge and safeguarding test within the previous 3 years [2] the current live points on their DVLA licence.  Drivers’ responses to be notified to the City of York Council.

(c)     To require any other authority licensed drivers who wish to be on-boarded to the operators platform to sign an appropriate form (in accordance with the requirements of the GDPR and Data Protection Act 2018) authorising information as to their having taken, or otherwise, the City of York Knowledge and Safeguarding Test, and current live points of their DVLA licence as well the result of any such test, to be given to the operator and/or their representatives.

(d)     To require that before fulfilling a sub-contracted booking from the operator, each other authority licensed driver must complete topographical training, namely 2-3 hours of in-house training consisting of classroom or in-car training, including the York Pedestrian Zone, city centre roads and routes, and important venues such as hospitals, the railway station, tourist attractions, etc.

(e) To require that before fulfilling a sub-contracted booking from the operator, each other authority licensed driver must take and pass a driving assessment administered by a DVSA accredited assessor, such as The Blue Lamp Trust, Green Penny or any such other organisation as may be authorised by or agreed with the City of York Council to undertake the said driving assessment.

(f) To keep records of topographical training and driving assessment for each other authority licensed driver.  The said records (including driving assessment certificate) to be kept throughout the period the driver works with the company and for 6 months thereafter.  To produce such records on request of an authorised officer of the City of York Council.

Reasons:   (i)      The Committee is satisfied that:

a)   The Applicant is a fit and proper person to hold an operator’s licence and

b)   the Applicant is not disqualified by reason of your immigration status from operating a private hire vehicle.

(ii)      The Committee considers that the additional conditions are reasonably necessary in order to ensure that any bookings sub-contracted to drivers licensed by authorities in districts other than York are carried out safely and that such drivers are not deterred from taking the York Knowledge and Safeguarding Test.