Agenda item - Law Commission Interim Statement on Reforming the Law of Taxi and Private Hire Services

Report of the Head of Planning and Public Protection (copy attached)

12.1    The Committee considered a report of the Head of Planning and public Protection on reforming taxis and private hire legislation.

12.2    The Head of Regulatory Services, Mr Nichols explained that on 10 May 2012, the Law Commission had launched consultation on reforming the law on taxi and private hire services. Subsequently, on 9 April 2013 the commission had published an interim Statement on its consultation, the statement was attached as Appendix1 to the report.

12.3    The key points locally were:

·        Limitation (hackney quantitative controls) policies would remain within the discretion of licensing authorities which would permit current Council policy of restricted numbers and managed growth. New limited districts would not allow plate transfer to preclude plates selling at premium (commercial value of hackney carriage licence).

·        Local authority discretion to set local standards for hackney carriages (but not for private hire). Would allow local policies like livery and CCTV. CCTV licence conditions for private hire vehicles could be an issue.

·        Compellability to tackle the problem of taxi drivers failing to stop for disabled passengers.

·        Mandatory disability awareness training, which would inform our accessibility policy.

·        Secretary of State (DfT) would retain powers to set standards to promote accessibility to balance local and national control. Defining an accessible vehicle and proportions of accessible vehicles in fleet still an issue.

12.4    The Government had previously responded to the consultation by the Law Commission in the following terms:

·        Reforming Quantity Controls: The Government had agreed that licensing authorities should no longer have the power to restrict taxi numbers recommendingspecial transitional measures in place, like staggered or phased removal of the power to control taxi numbers.

·        Accessibility: The Government on people with disabilities recognised the importance of taxis and PHVs, considers issues difficult, stresses non-regulatory measures preferable, and

·        Accessibility: The Government was concerned about the burden that a statutory obligation for disability awareness training would place on the trade and is not convinced that the benefits would justify the costs.

12.5    The views of Central Government and the Law Commission were at variance currently and how that would be taken on board in the proposed reforms remained unclear at the present time.

12.6    Councillor Lepper enquired whether there was anything further that that Members/the Licensing Authority could do about this at the present time. Mr Nichols explained that detailed responses had already been sent in respect of the consultation.

12.7    RESOLVED – That the Committee notes the content of the Interim Statement.