Agenda item

Hackney Carriage and Private Hire - Delegation of Enforcement Powers

This report seeks Members’ support to amend the scheme of delegation in relation to enforcement powers under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976, and recommend to Full Council the approval of these amendments

Minutes:

Members considered a report which sought their support to amend the scheme of delegation in relation to enforcement powers under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976, and recommend to Full Council the approval of these amendments.

 

Members noted that Licensing Officers had been working with the licensing services of the Combined Authority (West Yorkshire Authorities and City of York Council) to establish some common licensing standards and processes. Members’ attention was also drawn to the relevant provisions relating to taxi licensing in the Deregulation Act 2015 which came into force on 1 October 2015 and which allowed for a licensed private hire operator to sub-contract a private hire journey from within one licensed authority area to another licensed operator who may be based anywhere in England and Wales.  Members noted that private hire sub-contracting presented significant difficulties for the Council in conducting its enforcement activities, and potentially to the public in terms of service standards and safety, as detailed in paragraph 15 of the report.  Officers were informed that the issue was particular evident on race days. 

 

The proposed cross authority delegation of taxi and private hire licensing enforcement functions was intended to tackle these concerns.  Initially it was proposed that the cross authority delegations would only apply to the West Yorkshire authorities although, if this proved to be successful, discussions could be entered into with North Yorkshire to ascertain if they wished to consider the same arrangement.

 

Members noted that the current functions delegated to licensing officers in City of York Council were set out in the Council’s Delegation Scheme under Section 3 of the Constitution.  The proposal was for City of York Council Licensing Officers to retain the sub-delegation of these functions but the same functions would also be delegated to the West Yorkshire authorities.  Only the enforcement functions would be delegated and each authority would retain the ability to grant and renew licenses.  Other authorities’ enforcement powers would be delegated to City of York Council.  Officers clarified that it would be the home authority that would take the enforcement action and which would incur the associated costs.  The authority within which the alleged offence had taken place would provide the relevant evidence to the home authority.

 

Members queried whether there was parity in the standards required by the West Yorkshire authorities.  Officers stated that there had been some differences in vehicle standards and a common set of standards had been agreed to enable a shared checklist to be drafted.  Members were informed that the West Yorkshire authorities had already agreed to their participation in the scheme.

 

Members considered the following options:

 

Option 1:    Support the amendments to the scheme of delegation in relation to hackney carriage and private hire enforcement powers.

Option 2:    Refuse the request to amend the scheme of delegation

 

Recommended: That the amendments to the scheme of delegation in relation to hackney carriage and private hire enforcement powers be approved.

 

Reason:              This will allow the Council to delegate hackney carriage and private hire enforcement powers to other licensing authorities in West Yorkshire, as well as being retained by City of York Council as licensing authority.

Supporting documents:

 

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