Agenda item

Report of Licensing Manager.

The Senior Licensing Officer presented a report to enable members to consider the wording regarding the correct use of the top light of hackney carriage vehicles included in the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing, in order to remove any ambiguity.

The Committee was advised that there had been some confusion amongst a small portion of the hackney carriage trade, as to the correct operation of the top lights on their vehicles.

The Rules and Regulations currently stated the following:

‘Any roof signs shall be capable of illumination and be illuminated at all times when (and only when) the vehicle is available for hire.’

Members were advised that a number of the hackney carriage vehicles licensed in Lancaster had a separate switch fitted which allowed the top light to be operated independently of the meter.  The addition of the switch had been permitted by the previous licensing manager to solve a specific problem, however the provision had since been abused and had clearly allowed breaches of the above condition, making enforcement untenable and facilitating the possibility of misleading members of the public. All proprietors had since been requested to remove the switch.

The request to remove the switch had led to enquiries from a small minority of the trade, requesting clarification of the condition requesting this. Members were requested to consider the amendment of the wording in the Rules, Regulations and Procedures in order to provide clarification.

It was proposed by Councillor Johnson and seconded by Councillor Kennedy:

“(1)      That the issue be deferred until the next meeting of the Licensing Regulatory Committee.

(2)        That representatives from the Lancaster City Hackney Proprietors Association, the Private Hire Association and the Lancashire Constabulary be invited to attend the meeting in order to present their respective views on the issue to the Committee.”

Upon being put to the vote 3 members voted in favour of the proposition and 4 members voted against, with 1 abstention, whereupon the vice-chairman declared the proposition to be lost.

It was proposed by Councillor Johnson and seconded by Councillor Burns:

“(1)      That no amendment be made to the wording in the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing regarding the correct use of the top light on hackney carriage vehicles.

(2)        That the Licensing Manager be requested to produce a further report on the matter for consideration at the next meeting of the Licensing Regulatory Committee.”

Upon being put to the vote 3 Members voted in favour of the proposition and 4 against, with 1 abstention, whereupon the vice-chairman declared the proposition to be lost.

It was proposed by Councillor Denwood and seconded by Councillor Redfern:

“(1)      That the proposed addition to the wording in the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing be approved, and the following paragraph added to condition 7 on page 21 with regard to the correct use of top lights on hackney carriage vehicles:

            ‘This means that the top light box must be operated through the taxi meter at all times.  Separate switches or devices that carry out this function independently of the meter are not permitted at any time.’ ”

Upon being put to the vote 4 members voted in favour of the proposition and 3 against, with one abstention, whereupon the vice-chairman declared the proposition to be carried.

Resolved:

(1)        That the proposed addition to the wording in the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing be approved, and the following paragraph added to condition 7 on page 21 with regard to the correct use of top lights on hackney carriage vehicles:

            ‘This means that the top light box must be operated through the taxi meter at all times.  Separate switches or devices that carry out this function independently of the meter are not permitted at any time.’