The Licensing Manager addressed Members advising them the Department of Transport had published the statutory taxi and private hire vehicles standards which set out the minimum standards for licensing authorities to apply with regards to certain aspects of taxi licensing. He continued to explain the report considered the standards and brought them together with the Councils policies and procedures into one policy document reviewing areas of existing policy to ensure that the minimum standards were met with the Councils policies and procedures into one policy document reviewing areas of existing policy to ensure that the minimum standards were met and ready for consultation with the taxi trade and stakeholders.

Continued by talking to committee through the appendices attached to the report and explaining the main aspects of the standards which were:

• Administering the licensing regime including a local licensing policy.
• Decision making including training of decision makers.
• Gathering and sharing information. Including the use of the Disclosure and Barring Service (DBS) checking process, and sharing of information with other licensing authorities
• Fit and proper test including relevance of criminal convictions
• Minimum requirements for driver licensing.
• Criminality checks for vehicle licence holders
• CCTV in vehicles
• Criminality checks for operator licences
• Operator record keeping requirements

Councillor Collins Chair of the Committee queried if the application process had been amended, so that applicants were no longer paying for the required tests such as medical and knowledge before Officers had a chance to carry out the DBS and DVLA checks. The Licensing Manager confirmed this was the case and when applying for a licence applicants were advised there were additional costs such as for a medical check.

Councillor Allen enquired as to how Officers ensured checks made on applicants who were not British Nationals, where fit and proper people to have a licence. It was explained that within the Council’s policy, should an applicant spend more than six months of the year outside of the UK a certificate of good character was required, this was usually completed by the relevant embassy. During the discussion it was explained that Officers had no way of checking the documents received, however if for any reason they felt they were unable to grant a licence; it would be presented to a Licensing Sub-Committee for a decision. Members further heard this would also be the same process for a British National who spent six months of the year outside of the UK.

The Committee raised concerns around the use of CCTV within licenced vehicles and queried who had the responsibility in line with data protection and GDPR, when it came to holding the video. The Licensing Manager explained at present it was not mandatory for CCTV to be included within a licenced vehicle, if this was to become the case then the local authority would become the data controller. He continued by explaining that any taxi who currently had a license with the authority and had the use of CCTV in their vehicle, would be the data controller and therefore had to follow all regulations in line with the Data Commissioner. 

Following Members comments on CCTV in licenced vehicles, it was agreed that the Licensing Manager would bring a report to the Committee outlining how other local licensing authorities, where handling CCTV in licenced vehicles and a possible consultation with the taxi trade to get their views.

Councillor Ralph questioned as to the safeguarding training level which was mentioned within the policy. Officers explained there was currently in house CSE training given which had been in place for a number of years. There were also developments in updating online training and guidance. The Licensing Manager continued by commenting a number of organisations gave online training, however he felt face-to-face training when possible was better for applicants.

Councillor Potter quizzed Officers regarding the fit and proper person test in when asking themselves the fit and proper person question, if they felt the answer was no were the Sub-Committee right to refuse a licence. The Licensing Manager commented that if a Sub-Committee had valid reasoning for refusing a licence then they should refuse an application, and that it was up to the Licensing Authority to prove as to whether a person was a fit and proper person to hold a licence.

RESOLVED that Members:

1. Noted the Statutory Taxi and Private Hire Vehicle Standards.

2. Considered the revised policy and any changes that the Statutory Taxi and Private Hire Vehicle Standards have required.