Agenda item

The purpose of this report is to update the Committee on the discussions and work carried out by officers with other local authorities and the MLTDA in looking at way we might tackle the safety concerns raised over the currently unregulated out of area drivers operating in Medway.

Discussion:

The Committee was updated on the discussions and work carried out by officers with other local authorities and the Medway Licensed Taxi Driver Association (MLTDA) in looking at ways to tackle the safety concerns raised over the currently unregulated out of area drivers operating in Medway.

With regard to the case of Stockton-on-Tees Borough Council versus Fidler, officers clarified that a hackney carriage licensed by another local authority could be used for private hire but not as a hackney carriage in another borough. The Committee noted that two hackney carriage drivers, licensed by Tonbridge & Malling Borough Council, were working for a private hire company in the Medway area. The Licensing and Local Land Charges Manager reported that whilst it was not illegal for the drivers to work as private hire vehicles, it was illegal to stop to pick up clients who had hailed them on the road. However, this was difficult to prove as drivers often called the operator to have the journey recorded as pre-booked. Officers had also heard that drivers from Swale and Thanet intended to work in the Medway area and a solution must be found to this problem that was both legal and would stand up to challenge.

Members made the following comments:

·                    The first priority for Councillors was customer safety whether whilst using hackney carriage or private hire vehicles.

·                    It was noted that mystery shopping exercises were difficult to carry out within the Medway area and collaboration with other local authorities was more effective. Officers working as mystery shoppers from each authority used the same questions in relation to the condition of the vehicle, customer care and attention, and knowledge of the shortest route versus the quickest route, for reasons of comparison.

·                    A question was asked in relation of the safety of officers working as mystery shoppers. Members were assured that a risk assessment was calculated on each route and, depending on the time of day, low risk routes were worked by a lone officer and high risk routes by two officers. The Committee noted that the licensing authority was the regulating authority and therefore partnership working would make any initiative to address the cross-border working issues more effective. An issue with regard to the use of Regulation of Investigatory Powers Act 2000 (RIPA) powers was raised. The Committee was advised that the the Council’s Licensing function had gone through the RIPA process in the past and the Council was likely therefore to be able to withstand a legal challenge. However, the Licensing and Local Land Charges Manager agreed to obtain legal advice should this matter arise.

·                    The Head of Legal Services clarified that partnership working with other local authorities would work in the same way as a joint committee arrangements. The delegation of enforcement powers to partner authorities would have to be agreed by Council. This would give officers the ability to deal with all drivers operating within the Medway area if their licensing authority was part of the signed agreement.

·                    Following a general consensus by the Committee to agree to the recommendations contained within the report, the Licensing and Local Land Charges Manager highlighted new case law in relation to consultations in that the consultation could also ask for suggestions to the issues and officers would then gain legal advice on any solutions raised by consultees.

·                    The Committee noted that private hire drivers not licensed by Medway were expected to use Medway tariffs when working in the area. However, there was a problem with meters having more than one tariff programmed into them.

·                    The Committee noted the presence at the meeting of Mr Mike Smith and Mr Ian Walton of the Medway Licensed Taxi Drivers Association (MLTDA) and asked for their views:

Mr Smith and Mr Walton advised that the health and safety duty of care to customers was the biggest issue in relation to out of borough drivers working in Medway as they should conform to Medway standards but many do not. The MLTDA’s preference would be that private operators should only be permitted to employ drivers licensed by Medway Council.

Legal guidance would be required ensure it would be permissible to guarantee that drivers conformed to Medway standards. Any policy to address this issue would require in depth conditions and would have to cover every eventuality. It was noted that the policy would follow the format of the Council’s Statement of Licensing Policy in that much of the salient information and conditions would be contained within its appendices with the authority for amendment of the appendices being delegated to officers to allow policy to remain current and responsive.

·                    Following concern expressed by Members, Officers undertook to move forward on the consultation process. The Legal Officer summarised the requirements to ensure lawful consultation and it was agreed that in the present case a six week consultation period would be appropriate.

Decision:

The Committee agreed that:

(a)               Officers investigate all options contained in paragraph 4 of the report (including those listed below) to ensure that all vehicles operating in the Medway area, including all out of area drivers operating in this area, conform to the Medway licensing authority:

(i)           mystery shopping

(ii)         policy and conditions on operator licenses

(iii)       delegated functions

(b)       all aspects in relation to this subject as set out in the report, such as cross border working; all other aspects of concern, for example tinted windows; and all other matters raised during the consultation process be considered by Officers for inclusion in the proposed taxi policy; and

(c)        the draft policy be submitted to a future meeting of the Licensing and Safety Committee for consideration.