Agenda item

This update report explains the Council’s position regarding the interpretation of the law relating to private hire licensing and the ability to work outside the area within which they are licensed.

An alternative interpretation of the law has been put forward by members of the trade. The Opinion of their legal adviser is attached for Members’ information at Annex 1. The Council has sought external legal advice. This is attached for Members’ information at Annex 2.

Members considered an update report that explained the Council’s position regarding the interpretation of the law relating to private hire licensing and the ability to work outside the area within which they are licensed. An alternative interpretation of the law had been put forward by members of the trade and the Opinion of their legal adviser was attached for Members’ information at Annex 1. The Council had sought external legal advice which was attached for Members’ information at Annex 2.

A legal update was provided by the Legal Services Manager to respond to questions raised during the public participation session. She explained why there were no options included in the report, which included a recommendation. She noted that it was unusual to have committee involvement in matters of legal interpretation, which had been at the request of the Chair. She highlighted the need to comply with the Code for Crown Prosecutors and the Council’s enforcement  policy when determining whether a criminal offence had been committed and whether it was in the public interest to prosecute. She advised that  both the Counsel’s Legal Opinion to the Council and the Leading Counsel’s Opinion to the trade had been made public. She explained that risks had not been set out in the report as the risks would only have arisen if there was an alternative option to the recommendation. As the Council’s legal adviser, the Legal Services Manager  was satisfied that having regard to the independent Legal Opinion, which analysed and dismissed the QC’s Opinion to the trade, that the settled legal position remained as follows:

Provided the three licences required in relation to a private hire vehicle (operator, vehicle and driver) have all been issued by the same authority, then the private hire vehicle (PHV) can undertake journeys anywhere in England and Wales. That is irrespective of where the journey commences, areas through which the journey passes and, ultimately, the area where the journey ends.

In response to questions raised by Members, the Legal Services Manager confirmed that:

·        The matter was not about the Deregulation Act

·        It was considered that there were no implications as the Council’s position was viewed to be legally correct

·        Any decision to change the Taxi Licensing Policy would be a decision made by Executive, not the Committee.

·        Consideration of the Uber operating licence application was a licensing regulatory function which was under the remit of the Committee. That Committee  made the decision that Uber was not fit and proper to hold an operating licence.

In response to Member questions, the Head of Public Protection clarified that

·        It was not known how many licensing authorities had decided that Uber was not fit and proper to hold an operating licence.

·        The cost for licences was the cost of operating the service.       

·        The investigation of a driver pretending to be Uber driver had been referred to the police and was under investigation.

·        Enforcement officers would stop illegal picks if they observed this taking place.

·        There was a government review of taxi licensing law in progress.

During debate a number of views and suggestions were put forward. Concerns were expressed regarding the conflicting legal Opinions, a lack of case law, risk analysis and Equalities Impact Assessment. Following debate it was:

Resolved: That it be recommended to the Executive that, given the two differing legal opinions, further investigation be undertaken regarding the requirement for a change to Taxi Licensing policy in respect of the legality of out of town vehicles operating in York, and that a decision on future policy be taken based upon all the evidence.

Reason:     To provide clarity for the public in relation to the Council's interpretation of the law.