Agenda item

The Principal Officer, Licensing, Worcestershire Regulatory Services (WRS), presented the report to Members. The purpose of the report was to review the mandating of CCTV in taxis.

 

Members were informed that on 1^st September 2022 Bromsgrove District Council had introduced The Statutory taxi and private hire vehicle standards (‘The Standards’). The Standards were published in July 2020 and included the use of CCTV as an area for Local Authority discussion.

 

The Council already had a voluntary CCTV option in place for all vehicle owners. On introduction of the policy in 2022 Officers had advised that they would monitor intelligence and would engage with partners to ensure that the policy remained in line with what the data was showing us.

 

The Principal Officer, Licensing, WRS, drew Members’ attention to page 16 of the main agenda pack, which referenced that in February 2019 The Department for Transport (DfT) had carried out a consultation exercise to gather views and evidence on measures for inclusion within their statutory guidance for licensing authorities “Taxi and Private Hire Vehicle Licensing: Protecting Users”.

 

The guidance was published to assist local licensing authorities in England and Wales who had responsibility for the regulation of the taxi and private hire vehicles, on how their licensing powers could be exercised in order to safeguard children and vulnerable adults.

 

The Guidance was then published in 2020 and set out a framework of policies that licensing authorities “must have regard” to when exercising their functions. These functions included developing, implementing, and reviewing their taxi and PHV licensing regimes, one of which was the installation of CCTV in licensed hackney carriage and private hire vehicles.

 

The consultation document acknowledged the potential risk to public safety when passengers travelled in taxis and PHVs and stated that it was the DfT’s view that CCTV could provide an additional deterrence to prevent this and investigative value when it did. They further stated that the use of CCTV could provide a safer environment for the benefit of taxi/PHV passengers and drivers by: -

 

• deterring and preventing the occurrence of crime

• reducing the fear of crime

• assisting the police in investigating incidents of crime

• assisting insurance companies in investigating motor vehicle accidents

 

As part of the consultation on the Statutory Taxi Standards undertaken in 2022, Officers had proposed that if this element of the standards was to be considered in detail, then it would need to be looked at as a separate project. Officers advised that there would be a lengthy consultation process required to ensure all stakeholders were included in any discussions if taken forward.

 

The responses received from the consultation undertaken by Bromsgrove District Council between 12 February 2019 and 22 April 2019 on its draft Hackney Carriage and Private hire licensing policy did not lead Officers to believe that CCTV was an area to be explored further.

 

Members were asked to note that, as detailed in the report, at the present time only a small number of licensing authorities (7%) had made it a legal requirement for all taxi and private hire vehicles to be fitted with mandatory CCTV systems. These authorities had been able to demonstrate through evidence and intelligence that such a policy was necessary.

 

The Council’s current policy which came into effect on 1^st September 2022 was consulted upon and stated that the Council recognised that CCTV systems could act as an additional safeguard, providing protection, confidence and reassurance to the public, when travelling in a hackney carriage or private hire vehicle as well as to drivers, who could also be victims of violence and abuse.

 

Furthermore the current policy allowed the proprietor of any vehicle, which had been authorised to be used as a hackney carriage or private hire vehicle,  to install CCTV cameras in their vehicle subject to the following requirements:-

 

·                 No installation of a CCTV system shall take place within a

                licensed vehicle unless the proprietor of the vehicle has

                notified the Council in advance.

 

·            All CCTV systems which are installed into licensed vehicles 

                must be compliant with the requirements of the Data

                Protection Act 2018. The system must also be compliant with

                the Information Commissioner’s requirements in respect of

                registering the system and the capturing, storing, retaining

               and using any recorded images.

 

Officers had assessed the complaints data received by WRS and the context of information received alongside the data from the current WRS Strategic assessment. On evaluation it was evident that the number of complaints received were more directed at driver behaviour or vehicle standards than they were connecting a driver to a serious offence or safeguarding issue such as assault, sexual assault, sexual harassment, or substance misuse.

 

The Principal Officer, Licensing, WRS referred to the incidents that had taken place in Rotherham and Telford and that with the evidence received and following prosecutions, that this was pivotal in the decision to make CCTV mandatory in all hackney carriage and private hire vehicles licensed in those areas.

 

Officers had determined that there was currently not a requirement or need for mandatory CCTV in taxis in the District. However, Members were reassured that Officers would continue to monitor and periodically review this.

 

In response to questions from the Committee, the Principal Officer, Licensing, WRS confirmed that:

 

·       The cost to purchase and install CCTV equipment in hackney carriage and private hire vehicles could be anywhere in the region of £500 to £1,200.

 

·       Any CCTV system installed under the Council’s voluntary CCTV policy, would have to meet all of the required industry standards, by being complaint with the requirements of the Data Protection Act 2018 and the Information Commissioner’s Office.

 

Members stated that the use of CCTV would be of benefit in protecting both the drivers and passengers safety. Members were surprised that drivers did not want / have CCTV in their licensed vehicles to protect themselves.

 

The Principal Officer, Licensing, WRS agreed to find out how many drivers licensed by the Council had CCTV in their vehicles and were registered under the Council’s Voluntary policy.

 

Councillor P. M. McDonald added that as detailed in the agenda papers, only 17% of victims reported incidents, so maybe the Council was not aware of a need to mandate CCTV in taxis, as not all incidents were reported.

 

The Principal Officer, Licensing, WRS, explained that Officers worked with partners, including the Police with monitoring incidents. All partners worked closely and took their safeguarding policies seriously.

 

If there was a will from Licensing Committee Members to mandate CCTV in taxis, this would need to go out for consultation to all relevant stakeholders. The responses, all of the information received, and any evidence gathered would then be reported back to Licensing Committee Members. The Principal Officer, Licensing, WRS, reiterated that there would need to be enough information and evidence in order to mandate CCTV in taxis, as Council policies could be judicially reviewed.

 

Some Members commented that should they just be noting the contents of the report as presented, or should Members be taking proactive and preventative measures to protect the travelling public and taxi drivers.

 

Other Members commented that whilst the points and concerns raised by some Members during the course of the debate were very valid, the Council was responsible for licensing drivers / vehicles in the District. With the current cost of living crisis and Uber taking business away from local drivers, it would be unfair to put such costs onto drivers by mandating CCTV. Until there was a national policy don’t mandate CCTV in Bromsgrove. Some Members also suggested monitoring for a further 12 months and a report with a further report being presented following the 12 month period.

 

Members asked the Principal Officer, Licensing, WRS, if he was aware as to what the taxi trade felt about mandating CCTV in taxis. In response, Members were informed that the taxi trade were reluctant for CCTV in taxis to be made mandatory.

 

The Principal Officer, Licensing, WRS, reminded Members that there was a full set of procedures and checks for applicant’s and licensed drivers to adhere to, in order to be deemed a ‘Fit and Proper person’ to hold such a licence. An  enhanced Disclosure and Barring Service (DBS) check was also required. Taxi driving was also classed as a ‘notifiable occupation,’ whereby if a taxi driver was arrested, charged, convicted or was the subject of a police investigation, the police were required to notify the relevant licensing authority; in order to ensure public safety.

 

Members briefly discussed less expensive options, such as dashcams or potential incentives for drivers to install CCTV or promoting the Council’s current voluntary CCTV policy.

 

With the Principal Officer, Licensing, WRS, reiterating that systems were required to be complaint, as highlighted during the course of the meeting. Other Worcestershire authorities also had voluntary CCTV policies and had received similar reports with regards to mandating CCTV in taxis, which had shown that  currently there was no evidence to mandate CCTV, and that licensed drivers were finding it difficult with ever increasing costs and competition from Uber.

 

As stated in the report, the initial Guidance highlighted that licensing authorities who legally required the installation of CCTV systems in taxis and PHV would be fully responsible for any data obtained; they in effect would become the “System Operator” and the “data controller.”

 

In response to further questions from Committee Members with regards to intelligence received from the police and if needed, how quickly could the Council mandate CCTV in taxis; the Principal Officer, Licensing, WRS, stated that going forward, any evidence or intelligence received, or an increase in the number of complaints received in respect of safeguarding; Licensing Officers would monitor this closely and a change in policy could be implemented quite quickly.

 

Members then discussed if further consultation with the taxi trade was needed in order to seek their opinion and to understand as to why licensed drivers appeared to be reluctant to install CCTV. Was this due to the cost implications or the possibility that not all licensed drivers were fully aware of the Council’s current voluntary CCTV policy.

 

The Council’s Legal Advisor asked Members to be more specific. Officers had informed Members that currently there was no evidence to mandate CCTV in taxis in the District. All stakeholders would have to be consulted should Members require a new draft policy on mandating CCTV in taxis. Were Members asking for this and were Members just seeking the taxi trades views and opinion of CCTV in taxis.

Members agreed that they were just seeking the views of the taxi trade on CCTV in taxis, and requested that Licensing Officers, WRS, use a light touch approach and liaise with the Bromsgrove Taxi Association /taxi tared with regards to CCTV in taxis. With the outcomes of the light touch engagement being reported back to the scheduled meeting of the Licensing Committee on 10^th November 2025.

 

Members further requested that a representative from the Bromsgrove Taxi Association be invited to the Licensing Committee meeting on 10^th November 2025, in order to address Committee Members and respond to any questions from Licensing Committee Members.

 

With the agreement of the Vice-Chairman, the Democratic Services Officer explained that there was currently no procedure rules / processes in the Council’s Constitution with regards to Public Speaking at Licensing Committee meetings.

 

The Democratic Services Officer further advised the Committee that she would seek further legal advice on Public Speaking at Licensing Committee meetings.

 

RESOLVED that 

 

a)    Licensing Officers, WRS, carry out a light touch engagement with the Bromsgrove Taxi Association / taxi trade, on CCTV in taxis, 

 

b)    the outcome of the light touch engagement be reported back to the scheduled meeting of the Licensing Committee on 10^th November 2025, and

 

c)     the Democratic Services Office seeks further legal advice on enabling Public Speaking at Licensing Committee meetings and report back to Licensing Committee Members as soon as possible.