Agenda item

Report of the Commercial Protection Manager

The Committee received the report of the Commercial Protection Manager for the purpose of the Committee providing a recommendation to the Executive Member regarding the adoption of the National Register of Taxi Licence Revocations and Refusals (NR3 Register).

It was reported that, in determining applications for hackney carriage and private hire licences, the legal test was that the Council must be satisfied that the applicant was a “fit and proper” person to be granted a licence.

Applicants for a taxi and private hire licence were asked if they had ever had a licence application refused or revoked by another local authority on the application form.  If an applicant answered “yes” to this question, they also had to give the name of the local authority concerned, and officers could ask that local authority for the relevant information.

However, if an applicant stated “no”, there was no way to check or otherwise verify that this information was correct.  There was therefore the potential for an applicant whose licence application had been refused or revoked by another local authority to obtain a licence with Lancaster City Council.  Similarly, there was the potential for a person whose licence had been refused or revoked by Lancaster City Council to obtain a licence elsewhere.

The Local Government Association, in conjunction with the National Anti-Fraud Network, had implemented the NR3 Register as from August 2018.  The Register was a national register of licence revocations/refusals that would allow adequate checks to be made against licence applicants.

If the Council were to adopt the NR3 Register, it would involve the Council providing information for the database on revoked or refused driver licensees/applicants, and responding to information requests on those data subjects in the event that the person applied to another local authority for a licence.

It was reported that the decision as to whether to adopt the Register was an Executive decision.  As consultee, the Committee was being asked to make a recommendation to the Council’s Executive regarding adoption of the Register.

It was proposed by Councillor Joan Jackson and seconded by Councillor Greenall:

“That this Committee recommends that the Council’s Executive determines that:

(1)        the Council joins the National Register of Taxi Licence Revocations and     Refusals;

(2)       the Council’s application forms and explanatory literature be updated appropriately to ensure that hackney carriage and private hire vehicle driver licence applicants are aware that, should their application be refused or their licence revoked, their details will be added to the Register for a period of 25 years;

(3)       a search of historical records be carried out to identify those drivers who have had their licences refused or revoked;

(4)       authority to introduce the Register and to determine which historical records of refused or revoked drivers are added to the Register be delegated to the Commercial Protection Manager and Licensing Manager;

(5)       the cost of registration administration of the Register be met from hackney carriage and private hire vehicle driver fees and private hire operator fees.”

A vote was taken and the motion was unanimously carried.

Resolved:

That this Committee recommends that the Council’s Executive determines that:

(1)        the Council joins the National Register of Taxi Licence Revocations and     Refusals;

(2)       the Council’s application forms and explanatory literature be updated appropriately to ensure that hackney carriage and private hire vehicle driver licence applicants are aware that, should their application be refused or their licence revoked, their details will be added to the Register for a period of 25 years;

(3)       a search of historical records be carried out to identify those drivers who have had their licences refused or revoked;

(4)       authority to introduce the Register and to determine which historical records of refused or revoked drivers are added to the Register be delegated to the Commercial Protection Manager and Licensing Manager;

(5)       the cost of registration administration of the Register be met from hackney carriage and private hire vehicle driver fees and private hire operator fees.