Agenda item

To provide an overview of actions required to deliver compliance with the Department for Transport (DfT) `Statutory Taxi and Private Hire Vehicle Standards` and seek Committee approval of the process.

The Licensing and Compliance Officer submitted a report to the Committee to:

1.         Provide the Committee with an overview of actions required to deliver compliance with the Department of Transport (DfT) `Statutory Taxi and Private Hire Vehicle Standards`; and

2.         To seek approval of the Committee of the proposals as outlined in the report.

The Committee was advised that on 21^st July 2020, the DfT had published ‘Statutory Taxi and Private Hire Vehicle Standards’ (The DfT Standards) and that the Standards are applied to Local Authorities having regard to the Policing and Crime Act 2017 which enabled the Secretary of State for Transport to issue statutory guidance to Local Authorities as to how taxi and private hire licensing should be undertaken to protect children and vulnerable adults when using taxis and private hire vehicles.

A copy of the `DfT Statutory Taxi and Private Hire Vehicle Standards – Burnley Borough Council`s Position` was attached to the report at Appendix A.  The Committee was advised that the Council will need to review its hackney carriage and private hire policies and procedures so that as a minimum they meet The DfT Standards but that any local standards must be appropriate for Burnley Borough Council’s local needs, and that the Council would need to be transparent in explaining the reason for the standards it adopts.

The Committee was also advised that the original intention had been to include an estimated time-line for the development and implementation of each element of the standards, however, due to the uncertainties brought about by the pandemic, the proposal was that an update of the progress of the review work would be brought to Committee alongside matters for decision.  This was to ensure that the Committee was kept updated on progress and that regular updates could be provided to the DfT as required.  The parts of the DfT guidance that related to DBS checks had been prioritised, and would be the subject of an early report to the Committee

Members made the following points and received the following responses:

Councillor Howard Baker – Regarding the policy implications at paragraph 11 “the Department expects these recommendations to be implemented unless there is compelling local reason not to”, If we don’t respond quickly, will it be assumed that we are following the recommendations because we have not responded? 

A document has been submitted providing a brief outline of areas we are looking at.  There is not an expectation to deliver immediately because there is a lot of work to do. The Council must take the standards into account and must give clear reasons for departing from the policy. The Department for Transport do not have enforcement powers if we do not comply but there are administrative functions which will increase workload, but most of the guidelinesare reasonable requests.  We would need to provide good reason for not complying.  When we are able to do so, we will report to Committee periodically for consultation and agreement, if the Conviction policy requires tweaking.  We are doing what we can do that does not require the approval of the Committee.

Councillor Margaret Lishman – It would be helpful to have a list of priority order brought to Committee in which tasks should be tackled and a time frame of how this would be accomplished to provide a structured way tasks are to be approached.

There are points in the appendices that need to be prioritised.  If you require a specific list, I will review the document and do that. 

Councillor Mark Townsend – It has been a top priority that safety and protection of public is top priority, especially children and vulnerable adults. I fully support that this is done in a priority order as suggested by Councillor Lishman.

DECISION

1.    That the Committee approves the report; and

2.    That a priority task list as suggested by Councillor Lishman and supported by Councillor Mark Townsend be submitted to a future meeting of the Licensing Committee.