Agenda item

Members of the Licensing Committee were asked to consider an issue that had arisen for the hackney carriage and private hire trade in Bromsgrove since the Council had the adoption of a new Hackney Carriage and Private Hire Licensing Policy on 1^st September 2022.

The Principal Officer (Licensing), WRS explained that on 1^st September 2022 the Council had implemented a new Hackney Carriage and Private Hire Vehicle Policy, which was later amended with effect from 1^st April 2023. The policy contained requirements in respect of the licensing of vehicles to be used as a hackney carriage or private hire vehicle. The relevant part of the current Policy was detailed at Appendix 1 to the report.

One of the changes that the new policy introduced was a stipulation that the Council would no longer licence any vehicle to be used as either a hackney carriage or private hire vehicle if it had been graded as a Category A, Category B or Category C or Category S write-off for insurance purposes. Paragraphs 3.1.10 (page 58 of the main agenda report) and 3.2.10 (page 60 of the main agenda report) of the policy set this out in respect of those vehicles being licensed by the Council to be used as a hackney carriage or private hire vehicle for the first occasion.

The new policy further stated that the Council would also not renew any licence to use a vehicle as a hackney carriage if the vehicle had been graded as a Category A, Category B or Category C or Category S write-off for insurance purposes. Paragraphs 3.3.11 (page 61 of the main agenda report) and 3.4.11 (page 63 of the main agenda report) were the relevant paragraphs in this respect.

The wording currently used in paragraphs 3.3.11 and 3.4.11 of the policy meant that vehicles that were licensed before the new policy took effect and that had been previously graded as a Category A, Category B or Category C or Category S write-off no longer complied with the Council’s policy, even though these vehicles had been licensed for a number of years without any issues arising.

Officers believed that when approving the new Hackney Carriage and Private Hire Vehicle Policy, Members had in fact intended for there to be a gradual phasing out of the licensing of vehicles that had been graded as a Category A, Category B or Category C or Category S write-off rather than intending to stop licensing all such vehicles when the relevant licences were next due to be renewed.

Officers further believed that this intention could be achieved by making minor amendments to the wording contained in paragraphs 3.3.11 and 3.4.11 of the policy; the proposed alternative wording was detailed at Appendix 2 to the report, as follows: -

Vehicles written off for insurance purposes

3.3.11           The Council will not renew any licence to use a vehicle as a

hackney carriage if the relevant vehicle has been become graded

as a Category A, Category B or Category C or Category S write-

off for insurance purposes after the date on which the vehicle was first licensed by the Council to be used as a hackney carriage. Vehicles written off for insurance purposes

Vehicles written off for insurance purposes

3.4.11           The Council will not renew any licence to use a vehicle as a

private hire vehicle if the relevant vehicle has been become

graded as a Category A, Category B or Category C or Category

S write-off for insurance purposes after the date on which the

vehicle was first licensed by the Council to be used as a private hire vehicle.

In response to Members the Principal Officer (Licensing), WRS stated that the consultation period would be a short period of 4 weeks, with the responses received to the consultation being presented to a future meeting of the Licensing Committee. All licensed drivers would be consulted with individually and information would be included on the Councils’ relevant website pages.

Members asked if the proposed policy changes, should they be approved by Members following the consultation responses received, be included on the Council’s website under ‘Frequently Asked Questions (FAQ)?’

The Principal Officer (Licensing), WRS explained that WRS officers had not included a FAQ section onto the Council’s website, however, this was a valuable suggestion which he was happy to look into. The Council’s Hackney Carriage and Private Hire Licensing Policy was a lengthy and detailed document, so it could prove useful to look at condensing the contents into salient points and also questions that WRS licensing officers were frequently asked into a FAQ section on the Council’s licensing web pages. This may also reduce the number of similar enquires that licensing officers received.

The Principal Officer (Licensing), WRS agreed to present a report on the possibility of including FAQ on the Council’s website to the next meeting of the Licensing Committee to be held on 9^th September 2024.

RESOLVED that

a)    officers carry out a short, targeted consultation exercise on amending the wording of paragraphs 3.3.11 and 3.4.11 of the Council’s Hackney Carriage and Private Hire Licensing Policy, as detailed at Appendix 2 to the report,

b)    the responses received to the short, targeted consultation exercise be presented to a future meeting of the Licensing Committee; and

c)     as detailed in the preamble above, that a report on the possibility of including FAQ on the Council’s website be presented to the next meeting of the Licensing Committee on 9^th September 2024.