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| Gateshead on course to up driver standards. http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=4339 |
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| Author: | JD [ Wed Sep 06, 2006 2:18 pm ] |
| Post subject: | Gateshead on course to up driver standards. |
Gateshead Cabinet has backed a licensing department initiative to review Quality control of both driver and vehicle standards. The full report, which is published below was passed without exception. You will notice at para 7 that hackney carriage licenses have also been suspended until the "Sustainable Communities Place Advisory Group" has reported back on the 2/11/06. The review mainly concerns quality control of vehicles and drivers but mainly drivers. gatesheads present policy of unrestricted hackney carriage access, is unlikely to change. ......................................................................... REPORT TO CABINET 5 September 2006 TITLE OF REPORT: Review of Policy on Hackney Carriages and Private Hire REPORT OF: Derek Quinn, Group Director, Development and Enterprise Purpose of the Report 1. The purpose of this report is to request that Cabinet initiates a review of the Council policy on the numbers of Hackney Carriages and on the standards and conditions attached to Hackney Carriage and Private Hire licences. Background 2. Councils have a power to limit the number of Hackney Carriages operating in their area. There is no power to limit the numbers of Private Hire Vehicles. The power to limit numbers exists to give a degree of protection to the business income of Hackney Carriage proprietors, who provide an important service to the public without any form of government subsidy. 3. If a council chooses to limit the number of Hackney Carriages, it may only do so if it can prove there is no significant demand, which is unmet. This proof must be obtained by a detailed survey and study of demand. Once a limit is introduced, the retention of the limit must be justified by regularly repeating this survey. In addition, the Government now expects councils to justify any policy to limit numbers on the basis that removing the limit would cause detriment to consumers. 4. Until 1999 the Council had a policy to limit the numbers of Hackney Carriages. In 1999 this was reviewed and changed. After that time, a suitable applicant was able to obtain a new licence for a Hackney Carriage provided that the vehicle was suitably designed or adapted to carry passengers in wheelchairs. 5. Prior to the change in policy in 1999, there were 92 licensed Hackney Carriages. Since 1999, a further 240 wheelchair accessible vehicles have been licensed as Hackney Carriages, together with a further 100 Private Hire Vehicles. 6. Council last reviewed the policy in 2004, when the policy not to limit numbers was retained. In addition to concerns over the numbers of Hackney Carriages, there is a need to review conditions attached to all forms of licence related to the Hackney Carriage and Private Hire trades to ensure they remain fit for purpose. Proposal 7. It is proposed that Cabinet seeks the views of the Sustainable Communities Place Advisory Group on the desirability of revising the policy, and on measures that are necessary to ensure that our policies, standards and conditions remain suitable to avoid detriment to consumers and the public. It is also proposed that Cabinet agrees to receive and consider a further report on the findings of the Advisory Group before making a recommendation to Council, and that the issue of further Hackney Carriage licences be suspended until that time. This interim measure will not have a detrimental impact on the level of service to the public. Recommendations 8. It is recommended that Cabinet agrees to: (i) seek the views of the Sustainable Communities Place Advisory Group on the policy of not restricting numbers of Hackney Carriages. (ii) seek the views of Sustainable Communities Place Advisory Group on the conditions attached to all forms of licence related to the Hackney Carriage and Private Hire trades, to ensure they remain fit for purpose (iii) receive a further report on the issues after they have been considered by the Sustainable Communities Place Advisory Group. (iv) suspend the issue of new Hackney Carriage licences pending a decision on the outcome of the review of the policy for Hackney Carriages and Private Hire and conditions applying to the licences concerned. For the following reasons: (i) To obtain the views of Sustainable Communities Place Advisory Group prior to making a recommendation to Council to either retain or revise the policy. (ii) To ensure that our policies, standards and conditions are suitable to protect consumers and the public (iii) To ensure that no further growth in Hackney Carriage numbers takes place until Cabinet has given consideration to these matters. APPENDIX 1 Policy Context 1. The policy contributes to the Council’s vision for Transport, as set out in the Community Strategy and Towards 2010; “Local people and businesses who have easy access to integrated, safe and affordable transport which supports economic growth and balances the needs of all users in a responsible way.” Background 2. If a Council chooses to limit the number of Hackney Carriages, it may only do so if it can prove there is no significant demand, which is unmet. This proof must be obtained by a detailed survey and study of demand. Once a limit is introduced, the retention of the limit must be justified by regularly repeating this survey. 3. Until 1999 the Council had a policy to limit the numbers of Hackney Carriages. In 1999 this was reviewed and changed. After that time, a suitable applicant was able to obtain a new licence for a Hackney Carriage provided that the vehicle was suitably designed or adapted to carry passengers in wheelchairs. 4. Prior to the change in policy in 1999, there were 92 licensed Hackney Carriages. These existing licences are not bound by the requirement to be wheelchair accessible. Since 1999, a further 241 wheelchair accessible vehicles have been licensed as Hackney Carriages. In addition to this, a further 100 Private Hire Vehicles have been licensed in that time. 5. As the numbers of Hackney Carriages increased after the change of policy in 1999, some members of the trade began to complain that their income was being severely reduced by the increase in competition. 6. In 2004 the Government concluded a long running investigation into the desirability of allowing councils to retain their power to limit numbers of Hackney Carriages. They stopped short of revoking the power but concluded “Local Authorities are best placed to judge local needs and circumstances, but where they restrict taxi licence numbers they should be able to justify their policy publicly, and continue to do so on a regular basis. Where such a policy cannot be justified, the Government would expect local authorities to de-restrict”. The new Government guidance makes it clear that restrictions should only be retained where there is shown to be a clear benefit to the consumer. 7. Following the publication of this new guidance, a review of our policy was undertaken and it was decided by Council to keep the existing policy of not restricting numbers. A further 81 Hackney Carriages have been licensed since that time. 8. Of the Councils bordering Gateshead, Newcastle, North Tyneside, South Tyneside, Sunderland and Chester-le-Street have all retained their limit on numbers since the Government revised its policy in 2004. Tynedale Council does not limit numbers in their area. 9. The Government has promised further guidance to local authorities in early 2007 following a consultation in 2006. Consultation 10. The matter has been discussed regularly at the Taxi Working Group. 11. Officers have met with officials and members of the Gateshead Hackney Carriage Association, who support the proposals. 12. The Cabinet Members for Employment and Economy and Transport have been consulted on this report. Alternative Options 13. As the report seeks only to refer the matter to an Advisory Group, no further options have been considered. Implications of Recommended Options 14. Financial Implications – The Strategic Director, Finance and ICT confirms that costs will be met from existing budgets. 15. Risk Management Implications – There are no Risk Management implications from the recommended option. 16. Human Resources Implications – There are no human resources implications of the recommended option. 17. Equality and Diversity Implications – Nil. 18. Crime and Disorder Implications – Hackney Carriages play a critical role in taking people home after an evening drinking, thus helping to reduce crime and disorder. 19. Sustainability Implications – Hackney Carriages make a vital contribution to the public transport infrastructure, significantly reducing the need for many people to own a car and reducing congestion. 20. Human Rights Implications – There are no implications for Human Rights. 21. Ward Implications – This report affects all wards equally. Background Information 22. These documents that have been considered in preparation of the report: Department for Transport publication; “Taxi Licensing: Review of Local Authority Quantity Control Policies” Transport Act 1985 Department for Transport Publication “Office of Fair Trading - Taxi and Private Hire Vehicle Market Study”. ............................................... |
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| Author: | Sussex [ Wed Sep 06, 2006 5:30 pm ] |
| Post subject: | Re: Gateshead on course to up driver standards. |
JD wrote: You will notice at para 7 that hackney carriage licenses have also been suspended until the "Sustainable Communities Place Advisory Group" has reported back on the 2/11/06.
And what defence would they have in court if I asked for 100 plates and was refused? 
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| Author: | JD [ Wed Sep 06, 2006 5:59 pm ] |
| Post subject: | Re: Gateshead on course to up driver standards. |
Sussex wrote: JD wrote: You will notice at para 7 that hackney carriage licenses have also been suspended until the "Sustainable Communities Place Advisory Group" has reported back on the 2/11/06. And what defence would they have in court if I asked for 100 plates and was refused? Thats a scenario they haven't contemplated but its only a tempory measure in any case. Regards JD |
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| Author: | captain cab [ Thu Sep 07, 2006 9:21 pm ] |
| Post subject: | |
Quote: And what defence would they have in court if I asked for 100 plates and was refused?
Perhaps a case of the policy is in review at the moment, please try again later? CC |
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| Author: | JD [ Thu Sep 07, 2006 9:55 pm ] |
| Post subject: | |
captain cab wrote: Quote: And what defence would they have in court if I asked for 100 plates and was refused? Perhaps a case of the policy is in review at the moment, please try again later? CC Under the circumstances the only thing they could do in the interim period is defer an application. The legal consequences of that are obvious, both for and against each party. We all know the law on issuing licenses so we don't have to knock ourselves about over the right and wrong way. Regards JD |
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| Author: | captain cab [ Thu Sep 07, 2006 10:13 pm ] |
| Post subject: | |
Yes JD, what the courts say seems to differ to DFT advice. However, it seems Gateshead are looking towards a quality control solution, it would seem stupid to issue licenses to people who in a few short months wouldnt be qualified and whose vehicles may not be suitable, wouldnt you agree? regards CC |
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| Author: | JD [ Thu Sep 07, 2006 10:34 pm ] |
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captain cab wrote: Yes JD, what the courts say seems to differ to DFT advice.
However, it seems Gateshead are looking towards a quality control solution, it would seem stupid to issue licenses to people who in a few short months wouldnt be qualified and whose vehicles may not be suitable, wouldnt you agree? I am in total agreement with what Gateshead are trying to do and no doubt they will succeed but to what level no one yet knows? I agree with you about the issuing of licenses and that conditions may alter. My provisional thoughts were those of which you have stated but then I asked myself, considering the review time frame of just seven weeks, was it really necessary to suspend the issuing of licenses? I drew the conclusion that considering the relative short time frame, it wasn't necessary but that's only my opinion. Regards JD |
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| Author: | GA [ Mon Sep 11, 2006 12:21 am ] |
| Post subject: | |
Policy changes currently in consultation include every aspect of each licence the council issue to both Hackney Carriage vehicles and drivers, as well as PH operators, vehicles and drivers. It is the full review that the trade in Gateshead has been requesting for many years and the resultant new policies will see a rise in standards which will benefit the taxi users in Gateshead. |
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| Author: | GA [ Mon Sep 11, 2006 12:26 am ] |
| Post subject: | |
It is only my opinion ............ but I think that the reason the suspension was put into place was to stop applications via a system known to be in need of review. The final results are obviously not known .................. but the trade in Gateshead will need to adopt a professional attitude or it will fall foul of the new policies. The representatives of GHDA will seek properly managed services to ensure best service is achieved. B. Lucky 
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| Author: | GA [ Mon Sep 11, 2006 12:35 am ] |
| Post subject: | |
JD wrote: [I am in total agreement with what Gateshead are trying to do and no doubt they will succeed but to what level no one yet knows? I agree with you about the issuing of licenses and that conditions may alter. My provisional thoughts were those of which you have stated but then I asked myself, considering the review time frame of just seven weeks, was it really necessary to suspend the issuing of licenses? I drew the conclusion that considering the relative short time frame, it wasn't necessary but that's only my opinion.[b/] Regards JD IF, and it is a big IF, Gateshead decide to reregulate a lot will hopefully be written into policies to stop the sale of plates currently attatched to the WAV's. However I would imagine that the council ordered the temp suspension in order to stop people applying for plates with the intention of selling them at a later date if reregulation came into force. Again this is only my opinion. B. Lucky
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| Author: | GA [ Mon Sep 11, 2006 12:38 am ] |
| Post subject: | Re: Gateshead on course to up driver standards. |
Sussex wrote: And what defence would they have in court if I asked for 100 plates and was refused?
OH and they are going to be worried about you Sussex ................... I mean Eastbourne Council really $hit themselves when you walk in. 
B. Lucky 
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| Author: | GA [ Mon Sep 11, 2006 12:49 am ] |
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5. Prior to the change in policy in 1999, there were 92 licensed Hackney Carriages. Since 1999, a further 240 wheelchair accessible vehicles have been licensed as Hackney Carriages, together with a further 100 Private Hire Vehicles. A further 340 vehicles in 7 years. Thats nearly 50 vehicles a year for 7 years. Nearly 1 a week every week for 7 years. 
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| Author: | GA [ Mon Sep 11, 2006 12:52 am ] |
| Post subject: | Re: Gateshead on course to up driver standards. |
JD wrote: Thats a scenario they haven't contemplated but its only a tempory measure in any case.
Regards JD They have contemplated every scenario. |
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| Author: | volvoman [ Mon Sep 11, 2006 12:55 am ] |
| Post subject: | |
Good God !!!! I have just returned home from a 3 month cruise but before I left I ordered a brand new WAV to be delivered on 01-10-06 having paid cash in advance, the reason being that I have spent 14 years as a Gateshead Private Hire Driver and due to the significant unmet demand I thought I could provide a better and more profitabale service as a H/C operator and get a piece of the action. With this new "unlawful" "legislation" it means now that I am up the creek without a paddle and £30.000 worse off !! thanks to GMBC (GATESHEAD METROPOLITAN BOROUGH COUNCIL). Still, with a Barrister and two solicitors in my family I can't wait to take delivery of the aforementioned vehicle . 
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| Author: | JD [ Mon Sep 11, 2006 3:31 am ] |
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GA wrote: JD wrote: [I am in total agreement with what Gateshead are trying to do and no doubt they will succeed but to what level no one yet knows? I agree with you about the issuing of licenses and that conditions may alter. My provisional thoughts were those of which you have stated but then I asked myself, considering the review time frame of just seven weeks, [b]was it really necessary to suspend the issuing of licenses? I drew the conclusion that considering the relative short time frame, it wasn't necessary but that's only my opinion.[b/] Regards JD IF, and it is a big IF, Gateshead decide to reregulate a lot will hopefully be written into policies to stop the sale of plates currently attatched to the WAV's. However I would imagine that the council ordered the temp suspension in order to stop people applying for plates with the intention of selling them at a later date if reregulation came into force. I don't have to state the obvious because you already know the procedure. The vehicle is sold and the license is transfered. Whether or not the council renew the license on expiry is another matter? If the council don't renew the license then the license holder has a statutory right of appeal. Funny enough there is case law of sorts on this site with a similiar scenario. Regards JD |
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