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Decision details

Interpretation of the Law – ‘Out of Town’ Licences

Decision Maker: Executive

Decision status: Decision Made

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Purpose of Report: This report will give an interpretation of the law in relation to the legality of ‘out of town’ operators, drivers and vehicles.

Members will be asked to consider the recommendation to not change the licensing policy in relation to out of town licence holders.

The item formerly referred to as ‘Taxi Licensing Policy, including legality of ‘Out of town’ licenses’ will now be considered by the Executive as two separate items on Thursday 26 September 2019. This item was first published on 8 July 2019.

 

- 16, Update on Taxi Licensing Policy, Executive, Thursday 26 September 2019

 

- 17, Interpretation of the law – ‘Out of town’ licences, Executive, Thursday 26 September 2019

 

Decision:

Resolved:  (i)      That Option 1 be approved, and the legal position outlined in paragraph 3 of the report be confirmed, with no changes required to the Taxi Licensing Policy.

 

Reason:     To provide clarity for the public in relation to the council’s interpretation of the law, and to avoid an increase in the risk of a major impact on the service, which could cost over 10% of the Public Protection budget.

 

                   (ii)      That, endorsing the recommendations of the Licensing & Regulatory Committee, officers should explore potential options to improve enforcement actions across the city, particularly in relation to poor practice by private hire vehicles; for example, improving enforcement against such vehicles parking in hackney carriage taxi ranks or in restricted areas.

 

Reason:     To address concerns raised about the behaviour of some operators.

 

                   (iii)     That it be noted that this is an issue faced by many authorities across the country and, noting specifically Medway Council’s decision to secure additional legal advice on this matter, support be given pending consideration of this to working with a number of local authorities, and the Local Government Association, to ensure that the council’s position is kept under review and reflects the most up to date situation.

 

Reason:     To ensure confidence in the council’s legal position on taxi licensing issues.

Report author: Matthew Boxall

Publication date: 27/09/2019

Date of decision: 26/09/2019

Decided at meeting: 26/09/2019 - Executive

Effective from: 01/10/2019

Accompanying Documents:

 

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