Agenda item

The Committee considered a report which proposed that an additional condition be added to Doncaster Council’s existing Private Hire Operator’s Licence Conditions, in respect of ‘out of town’ hackney carriages acting as private hire vehicles in the Doncaster Council Licensing district, subject to consultation being undertaken with private hire operators, private hire vehicle licence holders and hackney carriage vehicle licence holders, on the basis of the proposals set out in Appendix A of the report.

The Business and Safety Licensing Manger reported that following a high court judgement in 2010, which had identified that once a vehicle had been licensed as a hackney carriage, it was a hackney carriage for the duration of that licence, wherever it was currently located, and could therefore could operate on a pre-booked basis anywhere in the country.  Furthermore, a hackney carriage vehicle could be used for pre-booked work outside of the district in which the vehicle had been licensed, even if the Licensing Authority was some considerable distance from the district in which the vehicle was undertaking the pre-booked work. 

Members were informed that this situation created a number of potential difficulties for the Licensing Authority and had the potential to become a significant issue in Doncaster because of an influx of hackney carriages into the Town which were licensed by other Local Authorities.

The Business and Safety Licensing Manager drew Members attention to Paragraph 15 of the report and highlighted two main concerns for the Licensing Authority; namely that Hackney carriage vehicles and drivers currently licensed elsewhere being used by private hire operators licensed in Doncaster to undertake private hire work.  In addition, individuals who previously had not been considered ‘fit and proper’ to hold a licence by Doncaster Council, e.g. due to inappropriate behaviour, could potentially become licensed as a hackney carriage driver in another local authority area and then undertake work in Doncaster. 

Members were informed that the Licensing Authority was concerned that Hackney Carriage vehicles and drivers operating in Doncaster had obtained their licence from another local authority area, whose standards may not be as rigorous as Doncaster’s.  It was reported that whilst they were operating within the law, the Council had no ability to regulate them; by carrying out vehicle checks, stop them from operating or remove their licence.

One particular area of concern was that where a Doncaster driver’s licence was either revoked or refused by Doncaster Council due to inappropriate behaviour, it was conceivable that, where this behaviour fell short of a criminal conviction, the driver could become licensed elsewhere and undertake work in Doncaster. Therefore, in order to secure that effective safeguards were in place to mitigate against any public safety impact of the application of the cross border rules within Doncaster, it was proposed that a 4 week consultation be undertaken with relevant stakeholders with a view to additional conditions being adopted and included in the existing private hire operator licence conditions.

Following the presentation of the report, the Business and Safety Licensing Manager responded to questions and concerns from Members, in particular as to whether domestic violence was deemed to be ‘inappropriate behaviour’, whether this had to be self-declared or whether this would be listed on a drivers criminal record when undertaking CRB checks. 

Members were assured that any type of violence or dishonesty would be a contra-indicator in determining whether someone was ‘fit and proper’. Whether it related to inappropriate behaviour that had taken place in a taxi, or someone who was violent towards their partner, the Licensing Authority would conclude from this that they would be likely to be violent against anybody.  However, it was reported that in terms of new drivers, the Licensing Authority would not have any knowledge of how they behaved as a taxi driver and was reliant on the information received from the Disclosure and Barring Service.  It was explained that if a driver had a conviction, it was likely that this would be shown on their criminal record as part of the checking process.  In relation to enhanced DBS checks, any conviction or caution which they ever received would be identified on their DBS certificate.  In terms of existing drivers, it was explained that we are very much reliant upon them being open and honest with the Licensing Authority by disclosing any convictions or cautions that they receive in the 3 year period between their routine DBS check.

In relation to a question from a Member regarding private hire drivers picking up passengers that had not pre-booked through a licensed operator the Business, Safety and Licensing Manager advised that this was unlawful and if discovered would be subject to enforcement action.  He also reported that taxi drivers operating in the Doncaster area did make the Licensing Authority aware of anyone they felt were operating unlicensed and any vehicles that appeared to be defective.

RESOLVED that

(1)        the Assistant Director, Environment, be authorised, to go out to consultation with private hire operators, private hire vehicle licence holders and hackney carriage vehicle licence holders, on the basis of the proposals set out in Appendix 1 of the report; and

(2)        the Business Safety and Licensing Manager be tasked to report back to the Committee in respect of the outcome of that consultation and make final recommendations to the Committee.