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Agenda and minutes

Venue: Hudson room, West Offices

Contact: Angela Bielby  Democracy Officer

Items
No. Item

Part A - Matters Dealt with Under Delegated Powers

10.

Declarations of Interest [17:36]

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

 

 

Minutes:

Members were invited to declare any personal interests not included on the Register of Interests, any prejudicial interests, or any disclosable pecuniary interests that they might have in respect of business on the agenda. There were none.

 

11.

Minutes [17:37] pdf icon PDF 135 KB

To approve and sign the minutes of the meeting held on 9 August 2022.

Minutes:

Resolved:  That the minutes of the meeting held on 9 August 2022 be approved and signed by the Chair as a correct record subject to the following amendments:

 

12.

Public Participation [17:38]

At this point in the meeting members of the public who have

registered to speak can do so. Members of the public may

speak on agenda items or on matters within the remit of the

committee. The deadline for registering at this meeting is at 5:00pm on Friday 30 September 2022.

 

To register to speak please visit

www.york.gov.uk/AttendCouncilMeetings to fill out an online

registration form. If you have any questions about the

registration form or the meeting please contact the Democracy

Officer for the meeting whose details can be found at the foot of

the agenda.

 

Webcasting of Public Meetings

Please note that, subject to available resources, this

public meeting will be webcast including any registered public

speakers who have given their permission. The public

meeting can be viewed live and on demand at

www.york.gov.uk/webcasts.

 

Minutes:

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

 

13.

Taxi Licensing Policy [17:41] pdf icon PDF 292 KB

This report sets out a proposed timetable for the revision, consultation and implementation of a revised Taxi Licensing Policy.

Additional documents:

Minutes:

Members considered a report setting out a proposed timetable for the revision, consultation and implementation of a revised Taxi Licensing Policy. The Licensing Manager detailed the report and indicative timetable for the policy. It was noted that the draft policy met statutory and DfT standards. She was asked and clarified that:

Officers would like wider discussion on certain aspects of the policy.

If statutory standards were not met, this would need to be justified.

The suitability policy may be an issue with the trade.

 

Members discussed the timings of the indicative timetable for the review of the policy. A Member asked if there would be enough time to review the policy without needing additional meetings of the working group. The Chair suggested that the working group may want to consider looking at the policy in two phases, beginning with statutory standards followed by locally determined policies. The Licensing Manager was asked and confirmed that the DfT had written to the council regarding the implementation of statutory standards. The time commitment involved in the meetings of the working group was noted. The Licensing Manager was asked and confirmed that work had begun on including the statutory standards in the draft policy. It was agreed that

 

Members considered the following options:

 

Option 1

 

    i.          Ask officers to form a working party of Members and a representative of each registered Hackney Carriage and Private Hire Association to formally review the Taxi Licensing Policy. 

 

  ii.          Ask Officers to formally consult on the revised Taxi Licensing Policy.  Bringing the results of the consultation back to this Committee. 

 

 iii.          Approve the indicative timetable for the revision, consultation and implementation of the Taxi Licensing Policy.  The proposed timetable can be found at Annex 1. 

 

Option 2

 

    i.          Determine that a working party is not required and ask Officers to formally consult on the revised Taxi Licensing Policy drafted by Officers.  Bringing the results of the consultation back to this committee. 

 

  ii.          Approve an amended timetable (removing the revision element) for the consultation and implementation of the Taxi Licensing Policy.  The timetable can be found at Annex 1.

 

Option 3

 

    i.          Determine that a formal public consultation is not required, giving reason why.  Ask Officer to bring the Taxi Licensing Policy drafted by Officers to this Committee to make recommendation to the Full Council. 

 

  ii.          Determine that a timetable is not required.

 

Members then unanimously:

 

Resolved: That approval be given to Option 1 of the report, namely:

 

     i.        That Officers to form a working party of Committee Members (agreed as the Chair, Vice Chair and Cllr Mason) with input from the Executive Member for Housing and Safer Communities, to formally review the Taxi Licensing Policy, liaising with a representative of each registered Hackney Carriage, Private Hire Association and user groups.

 

    ii.        Thereafter, ask Officers to formally consult on the revised Taxi Licensing Policy. Bringing the results of the consultation back to this Committee.  

 

  iii.        Approve the indicative timetable for the revision, consultation and implementation of the Taxi Licensing  ...  view the full minutes text for item 13.

14.

Use of National Register of Refusals and Revocations (NR3) database [18:00] pdf icon PDF 313 KB

This report seeks Member approval to use the National Register of Refusals and Revocations (known as the ‘NR3 database’) which is hosted by the National Anti-Fraud Network (NAFN) as part of its checks on new and existing taxi drivers to determine whether they are ‘fit and proper’ to hold a drivers licence, and to provide details of drivers the council has suspended, revoked etc. to other taxi licensing authorities to aid their licensing decisions.

Minutes:

Members considered a report seeking approval to use the National Register of Refusals and Revocations (known as the ‘NR3 database’), hosted by the National Anti-Fraud Network (NAFN) as part of its checks on new and existing taxi drivers to determine whether they were ‘fit and proper’ to hold a driver’s licence, and to provide details of drivers the council has suspended, revoked etc. to other taxi licensing authorities to aid their licensing decisions. The Licensing Manager clarified that it wouldbe the details of refusals and revocations, not suspensions, that would be shared with other taxi licensing authorities. The Taxi Licensing Manager was asked and confirmed that an alert from NAFN regarding a driver would not automatically mean that they would have their licence revoked in York.

 

Members considered the following options:

Option 1 – In advance of the impending legal requirement determine:

i)     That the council use the NR3 database as part of the ‘other records and information’ it uses under the existing Taxi Licensing policy to help determine whether a person is fit and proper’ to hold a hackney carriage or private hire driver licence.

 

ii)    That the council populates the NR3 database with details of all drivers who have had hackney carriage or private hire drivers licences refused, suspended, not renewed or revoked (in so far as such records are held).

 

Option 2 – undertake the planned consultation on this requirement as initially intended.

 

Members then unanimously:

 

Resolved: That, in accordance with Option 1, in advance of the impending legal requirement:

i)     The council use the NR3 database as part of the ‘other records and information’ it uses under the existing Taxi Licensing policy to help determine whether a person is fit and proper’ to hold a hackney carriage or private hire driver licence.

 

ii)    The council populate the NR3 database with details of all drivers who have had hackney carriage or private hire drivers licences refused, suspended, not renewed or revoked (in so far as such records are held).

 

Reason:     To help fulfil the Council’s impending legal obligations under the Taxis and the Private Hire Vehicles (Safeguarding and Road Safety) Act 2022.

 

 

 

 

 

Part B - Matters Referred to Council

15.

New hackney carriage licences - referral to Council [17:38] pdf icon PDF 294 KB

This brief report is further to the decision of this Committee on 7 June  2022, and the Executive on 28 July 2022. As a matter of administration, Members are asked to refer to Council the decision to amend the council’s taxi licensing policy in respect of the number of hackney carriage licences issued.

 

Minutes:

Further to the decision of the Committee on 7 June 2022, and the Executive on 28 July 2022, Members were asked to refer to Council the decision to amend the council’s Taxi Licensing Policy in respect of the number of hackney carriage licences issued. The Head of Public Protection clarified that the ten new licences issued did not change the total number of licences being issued as three licences had not been renewed. Members then unanimously:

Recommended: That  Council approve the issuing of ten new hackney carriage vehicle licences (three that have not been renewed and seven additional licences), bringing the total number to 190.

 

Reason:               To help meet unmet demand for hackney carriage vehicles, particularly from users with a disability, and coupled with the proposed specification for those newly licensed vehicles provide a more environmentally friendly and easily recognisable hackney carriage fleet in the city in response to the declared climate emergency and continuing desire to improve air quality.

 

 

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