Agenda item

Following on from the Licensing Committee meeting held on 13th November 2017, whereby Members approved for the purposes of consultation, proposed amendments to two areas of the Council’s Hackney Carriage and Private Hire Handbook.  Namely, the NVQ Level 2 in Road Passenger Vehicle Driving or an equivalent qualification and tinted windows that concealed the identity of passengers inside the vehicle.

 

Members were asked to consider the responses received to the consultation as detailed at Appendix 2 to the report. 

 

The Senior Practitioner (Licensing), Worcestershire Regulatory Services, (WRS), introduced the report and in doing so informed the Committee that whilst there had been no scheduled reviews due to be undertaken in relation to the Council’s policies; two specific matters which had been brought to the attention of Licensing Committee Members, as detailed above, had resulted in the consultation exercise being conducted.  

 

The Senior Practitioner (Licensing), WRS, highlighted that any proposed change to the Council’s polices, should take into account the responses received to the consultation.

 

The Senior Practitioner (Licensing), WRS, continued and reminded the Committee of the two specific areas of the Council’s Hackney Carriage and Private Hire Handbook, that had caused some difficulty since the handbook was last updated in March 2016.  The NVQ Level 2 in Road Passenger Vehicle Driving or an equivalent qualification and tinted windows that concealed the identity of passengers inside the vehicle.

 

The Senior Practitioner (Licensing), WRS, drew Members’ attention to the consultation document, as detailed at Appendix 1 to the report, the table which summarised the consultation responses, as detailed at Appendix 2 to the report and the response received from the Guide Dogs for the Blind Association, as detailed at Appendix 3 to the report.

 

The Senior Practitioner (Licensing), WRS, also drew Members’ attention to paragraph 3.9 in the report, which detailed the consultees who were sent a copy of the consultation document. 

 

The consultation period commenced in December 2017 and concluded on 16th February 2018.  A total of eleven consultation responses were received.

 

The Chairman suggested that Members considered the responses received with regard to the NVQ Level 2 in Road Passenger Vehicle Driving or an equivalent qualification first, then considered tinted windows that concealed the identity of passengers inside the vehicle.

 

The NVQ Level 2 in Road Passenger Vehicle Driving or an equivalent qualification.

 

Councillor C. M. McDonald stated that in her opinion, firstly, that since the consultation survey only allowed for a “Yes/No” answer, the questions had not been answered correctly.  Secondly, those who had responded had not mentioned the cost or any difficulty in being able to obtain and achieve the NVQ qualification.  Which if achieved, would indicate that licensed drivers were well trained to protect their customers and also themselves.  She would like to see the NVQ qualification or an equivalent qualification remain in the handbook.

 

Councillor C. M. McDonald continued and highlighted that compared to disability awareness training, which could be completed on-line; the NVQ qualification was hands on learning, whereby learners covered more in depth learning, when compared to that of the disability awareness training.  Full time licensed drivers received funding in order to undertake and achieve the NVQ qualification, only part-time drivers incurred any costs.  She felt that the survey responses received reflected that drivers wanted to carry on with the requirement to undertake the NVQ qualification.

 

The Chairman sought clarification from the Senior Practitioner (Licensing), WRS, with regard to the funding and the accessibility of trainers.

 

The Senior Practitioner (Licensing), WRS, informed Members that the taxi trade had indicated that licensed drivers had struggled to find available trainers and that funding was not widely available. 

 

Furthermore, funding for the NVQ qualification was not guaranteed past 2018.  Currently there was some funding available for full time licensed drivers, which covered the whole cost of achieving the NVQ Level 2 in Road Passenger Vehicle Driving.

 

Currently Bromsgrove District Council was the only licensing authority in Worcestershire that required its licenced drivers to obtain the NVQ Level 2 in Road Passenger Vehicle Driving.

 

The Senior Practitioner (Licensing), WRS, further informed the Committee that should Members consider the option that new drivers should undertake disability awareness training, then new drivers would be required to undertake that training prior to their licence being issued.  The NVQ Level 2 in Road Passenger Vehicle Driving took 12 months to achieve, so new drivers were issued with their licence, without actually initially undertaking any training towards the required NVQ Level 2 in Road Passenger Vehicle Driving.

 

In response to further questions from Members, the Senior Practitioner (Licensing), WRS, explained that:-

 

·         The NVQ Level 2 in Road Passenger Vehicle Driving did not include any Child Sexual Exploitation (CSE) training, as CSE training was relatively new.  WRS were currently working in partnership with West Mercia Police and Young Solutions on providing CSE training for all licensed drivers in Worcestershire.  The training was not mandatory.  Training had recently been offered to all licensed drivers, licensed by Redditch Borough Council.  Over 200 licensed drivers had attended the sessions provided.  The training would continue to be rolled out to each of the districts.

 

·         Disclosure and Barring Services (DBS) enhanced checks were carried out by WRS for all new applicants and then every three years thereafter. Although once licensed, drivers had a duty to notify licensing officers of any cautions or convictions received during that three year period.  Under the Common Law Police Disclosure scheme, the police also had  a duty to notify WRS of any disclosure, which involved a licensed driver, and there was a public protection risk. 

 

A further brief discussion took place whereby the majority of Members agreed that the best way forward was the requirement for new licensed drivers to undertake Disability Awareness training, prior to their licence being issued;

 

Members therefore voted on the following Recommendation:-

 

a)    that the requirement to undertake the NQV Level 2 in Road Passenger Vehicle Driving or an equivalent qualification be removed from the Council’s Hackney Carriage and Private Hire Handbook; and

b)    that new licensed drivers undertake Disability Awareness training, prior to their licence being issued;

 

Having been put to the vote, with 6 for the Recommendation and 3 against the Recommendation, the Recommendation was carried.

 

Tinted windows that concealed the identity of passengers inside the vehicle.

 

The Senior Practitioner (Licensing), WRS, drew Members’ attention to page 55 in the report, which detailed the five suggested options with regard to tinted windows.

 

Members were informed that the law on tinted windows required that the front windscreen must let at least 75% of light through and the front side windows must let at least 70% of light through.  There were no rules for tinting on the rear windscreen or rear passenger windows.  Manufacturers now fitted tinted windows as standard to increase fuel economy and to reduce emissions.

 

The Senior Practitioner (Licensing), WRS, further commented that some local authorities had determined specific levels (levels which varied considerably for each authority).  He was also aware that one local authority had set a level of 40%, but this had created further issues, as some of the newer models of vehicles had levels below 40%.

 

Members debated all five options in some depth and raised a number of questions on the use of the window tint meter purchased by WRS; which measured the total amount of visual light transmission through a window and any coatings on a window.

 

·         If the window tint meter was used to determine a specific level, what would be acceptable / safe levels. 

 

·         How would this be determined and what parameters would be set.

 

·         The Council’s duty of care and safeguarding with regard to children and the travelling public.

 

·         That the majority of new vehicles were now fitted with some level of tint on the rear windscreen and rear passenger windows as standard factory fitted for passenger comfort and emissions reasons. 

 

·         The cost involved for licensed drivers to replace the glass in their vehicles, in order for their vehicle to comply with the current requirements as stated in the Council’s Hackney Carriage and Private Hire Handbook.

 

Officers suggested the possibility of using the window tint meter on the vehicles that had recently been before Licensing (Miscellaneous) Sub-Committee Members; in order to measure the level of tint on the rear windscreen and rear passenger windows on each of the vehicles.  This could provide some valuable information to help identity any variations in levels measured.

 

Members were in agreement that, the Council’s Hackney Carriage and Private Hire Handbook was very clear on the criteria for tinted windows.  The onus was on licenced drivers to seek advice from a Licensing officer, WRS, prior to purchasing a vehicle.

 

The Technical Officer (Licensing), WRS, commented that some licenced drivers did seek advice, as highlighted in the Council’s Hackney Carriage and Private Hire Handbook; whilst others purchased vehicles without seeking any advice or referring to the Council’s Hackney Carriage and Private Hire Handbook, which all licensed drivers should be familiar with.

 

The Council’s Legal Advisor stated that every vehicle presented to Licensing (Miscellaneous) Sub-Committee meetings were inspected by Sub-Committee Members and determined on their own merits.

 

RESOLVED:

a)    that the requirement to undertake the NQV Level 2 in Road Passenger Vehicle Driving or an equivalent qualification be removed from the Council’s Hackney Carriage and Private Hire Handbook;

b)    that new licensed drivers undertake Disability Awareness training, prior to their licence being issued;

c)    that the Council’s Hackney Carriage and Private Hire Handbook be updated to reflect the amendments, as detailed in the preamble above,

d)    that a decision on the acceptable level of tint on windows of licensed hackney carriages and private hire vehicles be deferred; and

e)    that officers be tasked to conduct further research in respect of the precise amount of visible light to be transmitted; and

f)     that the research information be brought back to a future meeting of the Licensing Committee for consideration, together with the options as detailed on page 55 in the report.