Agenda item

Report of the Director of Streetscene and Regulatory Services

The Cabinet Member considered a report of the Director of Streetscene and Regulatory Services which sought approval to adopt recommendations following a consultation exercise over the Department for Transport (DfT) Statutory Taxi and Private Hire Vehicle Standards which were published in July 2020. The 12 week consultation expired on 18^th August 2021 and 219 responses were received.

The report indicated that the DfT recommended that local authorities undertook six-monthly enhanced Disclosure & Barring Service (DBS) checks on licensed drivers and that drivers should be encouraged to join the DBS update service.  This service enabled the licensing authority to have the facility to check the DBS of a driver online to check if there have been any additional convictions. Taxi Licensing currently charged drivers £54 (including a small administrative charge) for an enhanced DBS check which occurred every three years at the same time as the driver renews their licence. The Cabinet Member was informed that drivers had been given the option to join the update service but very few have chosen to do it.  The report highlighted the financial implications for drivers along with the benefits of the scheme. There were circumstances in which individuals were not permitted by the DBS to subscribe to the update service and it was proposed that these drivers would be subject to an enhanced DBS check every six months and would be issued a short-term driver licence and badges lasting six months, which were extended by six months upon provision of a new DBS certificate.

The DfT also recommended that vehicle proprietors and private hire operators, who act as drivers, who do not already undertake an enhanced disclosure, supply a basic disclosure annually. Results from the survey were 34.7% in favour of the proposals and 60.3% against. The report recommended adopting the proposals in full, in the interests of public safety. Four options were put forward for implementing the DBS service for existing drivers and the Cabinet Member agreed with the recommended option B: ‘wait 12 months before drivers were contacted, to ask for evidence of continual subscription to the DBS Update Service’ - this would mean a 12-month delay to the implementation of the Standards but would provide drivers with one year’s warning about the upcoming cost.

The DfT recommended that joint authorisation protocols with other licensing authorities were promoted to allow the City Council to take action against vehicles and drivers that were licensed in other areas. Reference was made to the Council’s involvement in the Taxi Harmonisation Group (taxi licensing areas of all the seven West Midlands Councils) and had discussed joint authorisation protocols between all the West Midlands Councils. Ongoing discussions were also taking place with Wolverhampton Council. 84.5% of the survey returns supported this proposal.

The report referred to the recommendation that licensing authorities should use the National Anti-Fraud Network (NAFN) NR3 Register of Revocations and Refusals for local authorities whereby revocations and refusals by Committee and/or the Courts were entered onto a register which other local authorities could access. The Taxi Harmonisation Group had agreed that all seven local authorities in the West Midlands would adopt this DfT recommendation. 78.5% of survey responses were in favour of the proposal.

A further recommendation from the DfT was that licence holders would inform local authorities within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence. 68.5% of survey responses were in support which would mean a consistent approach nationally and was appropriate on the grounds of public safety. It was also recommended that the current Committee guidelines on Convictions were amended and updated to reflect the recommendations in the DfT report.

The final recommendation was that CCTV cameras should be a mandatory requirement for all taxis (hackney carriages) and private hire vehicles licensed by the City Council. The report detailed the financial implications associated with the proposal which recommended that CCTV systems should be operated by the Council and be capable of recording both visual and audio data. The Council already allowed its vehicle proprietors to have CCTV systems, if required, providing that the proprietor adhered to the CCTV guidance given in the Vehicle Proprietors’ Information Document. Also, the vehicle proprietor/driver was required to register with the Information Commissioner as Data Controller. Further details on the current requirements were set out in an appendix to the report. Only 25.8% of survey respondents were in support of the proposal. Consequently, it was recommended that, in view of the survey, CCTV was not made mandatory, however that the current voluntary use of CCTV systems was confirmed as policy. 

The report put forward the suggestion that a Taxi Licensing Policy document was sanctioned to reflect the current policies.

Councillor Hetherton expressed support for the recommendations concerning the Department for Transport (DfT) Statutory Taxi and Private Hire Vehicle Standards. In light of the lack of support highlighted in the survey responses relating to the DBS checks and the use of CCTV, she suggested that a meeting be held involving the Cabinet Member, officers and representatives from the Trade Unions to discuss the adopted recommendations and the reasons for adoption. This would allow for the opportunity for concerns to be raised and issues understood.

RESOLVED that:

(1) The Department for Transport proposal for six monthly driver enhanced DBS disclosures and annual vehicle proprietor and private hire operator (including partners and directors) basic DBS disclosures be fully adopted in the interests of public safety and approval be given for option B to be implemented (as detailed in the report).

(2) The continued promotion of joint authorisation protocols and further discussion with the Taxi Harmonisation Group and Wolverhampton Metropolitan Council be agreed.

(3) The use of the NAFN NR3 Register of Revocations on the grounds of public safety be authorised.

(4)  Licence holders must notify Taxi Licensing within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence.

(5) The Department for Transport committee guidelines on convictions be fully adopted and officers be requested to update the current guidelines accordingly.

(6)  The current voluntary guidelines on the use of CCTV in Coventry be adopted as policy.

(7) Agreement be given for a Taxi Licensing Policy document to be produced to reflect current policies.

(8) Arrangements be put in place for a meeting involving the Cabinet Member, Councillor Hetherton, officers and representatives from the Trade Unions to discuss the adopted recommendations and the reasons for adoption.