Agenda and minutes

County Councillor A. Webb and F. Taylor

None received.

Licensing and Regulatory Committee

23^rd May 2017

Licensing and Regulatory Committee Sub Committee

23^rd May 2017

The following minutes of the Committee were confirmed and signed by the Chairman;

·         Licensing and Regulatory Committee 23^rd May 2017

·         Licensing and Regulatory Sub Committee 23^rd May 2017

In regard to events as referred to in the Public Protection report presented at the Licensing and Regulatory Committee 23^rd May 2017 the Head of Public Protection advised that prior to each large public event held in Monmouthshire such as concerts and food festivals his team liaises with the organisers and partners to ensure all safety measure are met. They also have debriefing sessions with organisers and partners.

PURPOSE

To consider the current licensing requirements for vehicles with 5 - 8 seats.

RECOMMENDATION

Members are requested to decide on one of the following options –

1. To retain the existing 5-8 Passenger vehicle passenger check currently adopted by Monmouthshire County Council.

2. To retain the existing 5-8 Passenger vehicle passenger check currently adopted by Monmouthshire County Council and also include the requirement - Any entrance / exit gap between the seat and door pillar must accommodate an adult passenger and allow them to pass freely, therefore any gap must exceed 350mm in width.

3. Members remove item 1 – No seats shall be moved to allow any passenger to enter or egress the vehicle and remove from item 7 the line – There must be a clear passageway to each row of seats from the existing 5-8 Passenger vehicle check.

4. Members remove the requirement for further checks of 5-8 Passenger vehicles entirely from the current conditions.

5. If the existing policy is altered, then the revised policy goes out on consultation to the taxi trade for comment and input.

KEY ISSUES

In the interest of passenger safety a report was submitted to the Licensing and Regulatory Committee in July 2002, recommending that Members approve conditions relating to the carrying of 7-8 passengers. The condition required all licensed hackney carriage and private hire vehicles to provide direct access and egress to a door for all passengers. This condition was approved and then updated on the 15th March 2010 to include vehicles

carrying more than 4 passengers.

A further report was then submitted to the Licensing and Regulatory Committee on the 17^th June 2014 following a request from the trade to reconsider its current policy, specifically to remove the condition that requires access and egress without the need to move another seat for 5-8 passengers. At this hearing Members rejected the request of the trade and in the interest of public safety retained this condition. This was further upheld and continued

to remain in force when the taxi and private hire policy was revised on 1st April 2016 and 13th September 2016, following consultation with the trade. The 5-8 Passenger vehicle check criteria within the current taxi and private hire policy of Monmouthshire County Council.

In July 2017 a request was received from a taxi proprietor asking the Authority to reconsider its current policy, specifically to remove the condition that requires access and egress without the need to move another seat. The driver specifically refers to his vehicle being classed as a minibus and not a Multi-Purpose Vehicle, (MPV).

The request made to review the policy is made in relation to the vehicle purchased by the proprietor of a Ford Tourneo Custom. The proprietor has supplied the EuroNCap report, which is the safety test required for every vehicle before a vehicle is able to be sold to the public, for consideration.

It is recognised that the safety of the vehicle is not put into question, a person will  ...  view the full minutes text for item 4.

PURPOSE:

To agree to the Local Authority maintaining a list of “designated vehicles”, that is a list of wheelchair accessible Hackney Carriage and Private Hire Vehicles in accordance with Section 167 of the Equalities Act 2010.

RECOMMENDATION(S):

It is recommended that:-

Members approve a list of designated wheelchair accessible Hackney Carriage and Private Hire Vehicles.

3. KEY ISSUES

The Equalities Act 2010, on 6th April 2017 introduced changes to encompass wheelchair accessible vehicles within the taxi trade. The changes in the Act gives licensing authorities the power to maintain a list of wheelchair accessible Hackney Carriages (Taxis) and Private Hire Vehicles (PHVs). This means that licensing authorities can choose whether they wish to maintain a list of designated vehicles. However, it is strongly recommended by the Secretary of State that all licensing authorities to do so, as the objective of this provision is improve the travelling experience for people who use wheelchairs. This list is solely for wheelchair accessible vehicles.

Prior to the change in legislation, the Licensing Section already held details of those vehicles that were wheelchair accessible. The current Taxi and Private Hire Policy and Conditions adopted by Monmouthshire County Council in 2016 also referred to disability awareness and the duties of drivers should a wheelchair user wish to use a Taxis or PHVs (See Appendix A). As such, it seemed logical to designate the list as measures were already currently in place.

The law did not state, the extent of the details that need to be placed on the list. To assist it’s users and to ensure compliance, the 20 vehicles held on record as being wheelchair accessible were written to on 3rd May 2017. This letter explained that a list of designated wheelchair vehicles was to be placed on Monmouthshire County Council website, which if agreed by them, would include the following details;

 Licence Number

 Car Registration Number

 Vehicle

 Total Passenger Capacity

 Company

 Company Telephone Number

The letter further advised them that once they were placed on this designated list, the drivers of those vehicle must adhere to the following duties under Section 165 of the Equalities Act 2010:-

 to carry the passenger while in the wheelchair;

 not to make any additional charge for doing so;

 if the passenger chooses to sit in a passenger seat to carry the wheelchair;

 to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; and

 to give the passenger such mobility assistance as is reasonably required.

All 20 of those vehicle owners, agreed to being placed on the designated wheelchair accessible list and the list was duly placed on the Council’s website.

However, at the Welsh Licensing Expert Panel Meeting held on 28th June 2017, it was recommended that Licensing Committees should agree to a designated wheelchair accessible vehicle be adopted by their individual Authorities, even though this was not stipulated within the changes under the Equalities Act 2010.

The reasons given were that an Authority can designated a vehicle as  ...  view the full minutes text for item 5.