Agenda item - Hackney Carriage & Private Hire Driver Enforcement & Monitoring

Report of the Executive Director for Neighbourhoods, Communities & Housing (copy attached)

1)            That Members note the contents of this report and that officers should continue to take action as appropriate.

28.1      The Committee considered a report of the Executive Director, Neighbourhoods, Communities & Housing that updated Members on enforcement action taken against Hackney Carriage & Private Hire Drivers and Applicants between November 2016 and February 2017.

28.2      Councillor Wares asked for more information on the action taken on 7 December 2016 for overcharging and the action taken on 4 January 2017 to refuse to renew on the basis of information disclosed on DBS certificate.

28.3      The Hackney Carriage Officer explained that the first instance was overcharging for the number of persons travelling on the taxi and the second was the subject of a magistrate appeal so more information could not be given at this stage.

28.4      Councillor Simson enquired as to how penalties were determined and by whom as in her view, some penalties did not reflect the seriousness of the offence.

28.5      The Public Health Licensing Lead replied that each case was reviewed in a multi-agency meeting that assessed each case individually but also with account of case law and previous examples of similar offences. The final decision on penalties was made jointly by the Trading Standards Manager and himself with advice from legal services.

28.6      Councillor Page stated that two cases detailed very serious offences of violence and he was very concerned that lenient penalties had been issued for both. Councillor Page added that he was puzzled that there was not a single case of dangerous driving on the list of actions taken.

28.7      The Hackney Carriage Officer stated that the two instances of assault were historic offences and a penalty had been issued as part of a new licence application. In relation to dangerous driving, Sussex Police did not inform the council of offences unless they were serious but offences were picked up on the renewal of licences.

28.8      Councillor Russell-Moyle enquired as to who determined the punishment in instances of infringement by other authorities and whether enforcement of taxis based outside the city was based on Brighton & Hove standards or the licensing authority the driver was registered to and if officers were therefore required to know the licensing regimes of neighbouring authorities.

28.9      The Hackney Carriage Officer answered that instances of infringement were reported back to the licensing authority the driver was registered to. That did mean that licensing officers were required to be aware of the licensing regimes of the various authorities and this was facilitated very well through close partnership working.

28.10   Councillor Russell-Moyle asked if feedback on action taken was provided by other authorities were infringements were reported to them.

28.11   The Hackney Carriage Officer answered that no infringements had been reported other authorities to date.

28.12   Councillor Morris asked whether there was an escalation of action in relation to repeat infringements and warning.

28.13   The Public Health Licensing Lead confirmed that actions did follow an escalating scale for repeat offences on a case by case basis and this followed Enforcement Policy.

28.14   Councillor Deane noted that there had been persistent over-ranking on Surrey Street by taxis queuing to enter Brighton Station that was of great distress to residents and caused severe congestion issues. Councillor Deane asked why no action had been taken on the matter.

28.15   The Hackney Carriage Officer stated that this was not an over-ranking issue as the taxi rank at Brighton Station was not an appointed rank and was based on private land and so the queuing on Surrey Street was deemed as waiting to access the Station.

28.16   Councillor Deane enquired as to which committee had delegated functions for anti-social behaviour by taxi drivers.

28.17   The Public Health Licensing Lead clarified that the Environment Protection Team could address excessive noise issues and anti-social behaviour could be reported directly to Sussex Police as part of its Operation Crackdown policy.

28.18   RESOLVED- That Members note the contents of this report and that officers should continue to take action as appropriate.