Report of the Service Manager, Public Protection.

A report was presented by the Service Manager, Public Protection that enabled Members to consider responses received following a six week consultation issued to the licensed trade and other interested parties regarding proposed amendments to the Hackney Carriage and Private Hire Vehicle Specification and Licensing Policy, and whether they wished to adopt the revised Hackney Carriage and Private Hire Vehicle Specification and Licensing Policy following the consultation.

Members noted that the current Hackney Carriage and Private Hire Vehicle Specification and Licensing Policy had been introduced in 2005 and that a full review of the Policy had not been carried out since then, although individual sections had been amended.

(The Licensing Compliance Officer entered at 4.47pm).

One response had been received to the consultation, from Mr. D. Blackburn on behalf of the Skegness Taxi Owners Association, (STOA).  The Principal Licensing Officer informed Members that one of the areas addressed within the consultation was vehicle emissions and whether the Policy should be amended to try to reduce them.  Members noted that, although Mr. Blackburn’s response to the consultation did not object to this, he did not believe that the age of vehicles should be taken into account, but their CO2 emissions, in accordance with Driver and Vehicle Licensing Agency (DVLA) procedures.  The Principal Licensing Officer suggested that, if Members wished to approve the proposed amended Policy, they may request officers from the Licensing Team to propose amendments to deal with emissions which would then be submitted to the Committee for approval and issued for consultation.

Reference was made to Paragraph 2.9 of the report presented, (Agenda page 29).  Members noted that a further proposed amendment to the Policy was the inclusion of the requirement for all seats in hackney carriage vehicles to be unobstructed and easily accessible to passengers, with a minimum width of 400mm specified for any gap that an average sized adult may be required to pass through.  Members noted that this amendment had been made following incidents in which vehicles that had been granted hackney carriage licences had been found to be difficult to access for tall people, although they had appeared to be suitable when inspected.

Mr. Blackburn’s consultation response stated that seating in hackney carriage vehicles should be arranged in line with the vehicle manufacturer’s recommendations.  However, the Principal Licensing Officer informed Members that hackney carriage vehicles in London were required to provide direct access and other local authorities also included this requirement within the hackney carriage vehicle specifications.  It was highlighted that, if Members approved the proposed amendment regarding seat widths, tip up seats would be permitted in private hire vehicles, although not in hackney carriage vehicles.  This was due to the fact that private hire vehicles could be booked in advance, providing members of the public with an opportunity to make requests regarding accessibility when they made their booking.

Members noted that applications had been received for vehicles with heavily tinted rear passenger windows to be used as hackney carriage vehicles in the past and it was highlighted that this was not permitted within the current Policy.  This was due to the fact that it was considered unsafe for members of the public, who could flag hackney carriage vehicles from the roadside, if they were unable to see into the rear of the vehicle.

The Principal Licensing Officer concluded by informing Members that the issues that he had highlighted were the only issues raised in the consultation response received from Mr. Blackburn.  Members were advised that, if they opted to approve the amended Policy, they must decide when they wished for it to come into effect and whether they wished for officers from the Licensing Team to investigate how vehicle emissions could be managed and report this back to the Committee.

Clarification was sought regarding the level of tint permitted for rear passenger windows in hackney carriage vehicles.  The Principal Licensing Officer and Licensing Compliance Officer informed Members that the requirements for the level of tint in the front windscreen and front driver and passenger windows were set in line with DVLA requirements.  It was highlighted that it was difficult to buy a modern vehicle without tinted rear passenger windows, which was often provided as standard when the vehicles were purchased.  Reference was made to Paragraph 2.2.29 of the proposed Policy, (Agenda page 41).  Members noted that the current Policy stated that the visual transmission of light from the rear passenger windows of a hackney carriage vehicle must be no less than 70%.  However, Members noted that both the Principal Licensing Officer and Licensing Compliance Officer considered that it would be safe to reduce this from 70% to 60% or allow officers to decide when the vehicle was checked.

A discussion was held regarding the proposed amendment to the level of tint permitted for rear passenger windows.  It was considered that, if vehicles could be purchased with no less than 70% visual light transmission, then individuals wishing to licence their vehicle as a hackney carriage should purchase one of those vehicles and adhere to the current Policy.  The Legal Advisor reminded Members that the policy had not been fully reviewed for a considerable time and that when they considered this issue, they should consider the benefits to drivers as well as public safety.  In addition, the Legal Advisor informed Members that, if they wished to amend the Policy, they should agree the level of visual light transmission and not allow officers to exercise discretion when inspecting vehicles, as their decisions may be open to challenge.

During discussion regarding the proposed amendments to the Policy, the following information was highlighted:

·           The Principal Licensing Officer and Licensing Compliance Officer tested light levels from windows within vehicles seeking hackney carriage vehicle licences with specialist equipment;

·           Tinted glass in rear passenger windows may cause safety concerns for members of the public as they would not be able to see into the rear of vehicles before entering them;

·           The DVLA identified the requirement for the visual transfer of light from the front windscreen and front driver and passenger windows of all vehicles and the Licensing Team must adhere to this when granting hackney carriage licences;

·           A number of hackney carriage drivers had been required to change the rear passenger windows of their vehicles as the vehicles had a lower visual transmission of light than stated within the Policy;

·           It was still possible to see through the rear passenger windows with a 60% visual transfer of light;

·           If approved, the amendment to the Policy regarding the visual transfer of light would continue to ensure public safety, whilst lowering the cost for hackney carriage drivers;

·           The level of visual light transmission could be affected by weather conditions;

·           Some vehicles had blinds in the rear;

·           Most vehicles licensed for use as hackney carriage in East Lindsey were in line with the current Policy regarding visual light transmission, although some had been modified to ensure that their rear passenger windows allowed suitable levels of light through;

·           Higher specification vehicles often included tinted rear passenger windows as standard and some hackney carriage drivers preferred higher specification vehicles as they spent a significant amount of time in them.

Members agreed that the level of visual light transfer identified for hackney carriages within the Hackney Carriage and Private Hire Vehicle Specification and Licensing Policy should be amended from 70% to 60%.

Following further discussion, it was agreed that, in addition to this, the following amendment should be included in the wording of this section:

‘…acknowledging industry standards in allowing…’

Members considered that emissions were an important issue and should be included within the Policy and requested that a date be identified for officers to provide further information with regard to how emissions could be measured.  The Principal Licensing Officer confirmed that a report regarding emissions could be provided to the General Licensing Committee Meeting scheduled to be held on 2 March 2020.

In response to a query raised, the Legal Advisor highlighted that setting specific carbon emission levels or requesting that owners replace old vehicles with more environmentally friendly vehicles when they bought new vehicles may be considered overly onerous for vehicle owners.  The Principal Licensing Officer advised that the Policy should focus on the emission levels and age of vehicles.

Following further concerns raised, the Principal Licensing Officer informed Members that, previously, there had been a limit to the number of hackney carriage licences permitted in East Lindsey.  This had now been lifted although ELDC Policy now stated that all hackney carriage vehicles granted licences over the limit that was previously set must be wheelchair accessible.  Members noted that, many wheelchair accessible hackney carriage licence holders bought their vehicles from cities where they had previously been used for the same purpose and where licence holders were being encouraged to obtain more environmentally friendly vehicles.  The Principal Licensing Officer and Licensing Compliance Officer raised concerns that the vehicles that were being purchased from cities were often diesel vehicles and may have higher emission levels.  However, Members also noted that nearly one third of the hackney carriage vehicles within East Lindsey were wheelchair accessible and that this was a significant amount compared to other Lincolnshire areas.

Members agreed that the proposed amendment regarding the seat size and accessibility within hackney carriage vehicles be accepted.

Clarification was sought regarding the standard gap between seats and seat size in vehicles.  The Principal Licensing Officer confirmed that he had not been able to uncover a standard size of gap between seats.  However, it was highlighted that, if the amendment regarding the proposed gap between seats was approved, drivers would be required to check that vehicles met this requirement in the future prior to purchasing.  In response to a further query, Members noted that the intention of the Policy was to ensure that there was a gap of 400mm between the two lines of seats in vehicles with multiple rows of seats to enable passengers to easily access their seats.

It was proposed and seconded that the proposed Hackney Carriage and Private Hire Vehicle Specification and Licensing Policy, detailed at Appendix A to the report presented, (Supplementary Agenda pages 33 – 62), including all proposed amendments, be approved.

RESOLVED

1.     That the Hackney Carriage and Private Hire Vehicle Specification and Licensing Policy, licence conditions and vehicle specifications attached at Appendix A to the report presented, be approved to come into force with immediate effect;

2.     That Officers be requested to investigate ways in which the licensing regime could be used to reduce hackney carriage and private hire vehicle emission levels and that a report be presented to the General Licensing Committee for consideration in March 2020.