Agenda item

Report of Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider whether a consultation should be carried out with the hackney carriage and private hire trade and other stakeholders in relation to the restriction on the number of hackney carriage vehicle licences issued.

It was reported that the Council maintained quantity restrictions on hackney carriage vehicle licences issued, the current limit being set at 108.  The latest figures showed that 92 councils regulated the number of taxi licences, which represented 26.7% of licensing authorities in England and Wales. 

The Department of Transport Best Practice Guidance stated that where restrictions were imposed, the matter should be regularly reconsidered.  The issue to be addressed first in each reconsideration should be whether the restrictions should continue at all.  What benefits or disadvantages would arise for people who used taxi services if the controls were removed?  Was there evidence that the removal of controls would result in a deterioration in the amount of quality of taxi service provision?

The Guidance then went on to state that, where quantity restrictions were imposed, vehicle plates commanded a premium, and this indicated that there were people who wanted to enter the taxi market and provide a service to the public, but were being prevented from doing so by the quantity restrictions.

Section 16 of the Transport Act 1985 provided that the grant of a taxi (hackney carriage) licence may be refused for the purpose of limiting the numbers of licensed taxis if, but only if, the local licensing authority was satisfied that there was no significant unmet demand for the services of hackney carriages within the area to which the licence would apply. 

It was reported that the Council commissioned unmet demand surveys every 3 years, which were paid for by hackney carriage proprietors.  The last survey had been carried out in 2013 and had not shown any unmet demand.  The next survey was due to take place in 2016.

When previous unmet demand surveys had indicated that more hackney carriage plates should be issued, the additional licences had been issued to wheelchair accessible vehicles, with a condition attached that any replacement vehicle must also be wheelchair accessible.  There were 15 such mandatory wheelchair accessible hackney carriages licensed in Lancaster.

It was reported that a number of complaints had been received recently from customers who required wheelchair accessible vehicles and struggled to book them.  The complainants felt that they were being discriminated against.

Section 161 of the Equality Act 2010, which had not been enacted, would qualify the law in relation to quantity restrictions to ensure that licensing authorities that had relatively few wheelchair accessible taxis operating in their area did not refuse licences to such vehicles for the purposes of controlling taxi numbers.  The Department of Transport planned to consult on the content of regulations before Section 161 came into force, but this had not happened and did not look likely to happen any time in the near future.

Officers therefore recommended that, subject to the outcome of the consultation, no unmet demand survey be carried out in 2016, and that the Council only issue new hackney carriage plates to purpose-built wheelchair accessible vehicles.  Members were asked to approve the commencement of a consultation with the trade, customers and disability groups in relation to these proposals.

It was proposed by Councillor Edwards and seconded by Councillor Mace:

“(1)      That the Licensing Manager be authorised to commence consultation with the taxi and private hire trade and stakeholders on potential solutions to the perceived problems relating to the availability of wheelchair accessible vehicles.

(2)        That representatives of the vehicle operators be invited to attend the next meeting of the Committee.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be clearly carried.

Resolved:

(1)        That the Licensing Manager be authorised to commence consultation with the taxi and private hire trade and stakeholders on potential solutions to the perceived problems relating to the availability of wheelchair accessible vehicles.

(2)        That representatives of the vehicle operators be invited to attend the next meeting of the Committee.