Location: Shimkent Room, Daneshill House
Present: Members: Councillors, C. Latif (Vice-Chair in the Chair), D.W. Cullen, CC, T.G.M. Kent, CC, P.D. Kissane, L. Knight, J. Lloyd, M. Notley and Mrs. L.G. Strange.
Others: Mr. A. Gearing (T&GWU) and 3 other Members of the Taxi Trade.
Duration:
Start Time: 6.00pm
End Time: 6.47pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors H.C.L. Tessier (Chair), B. Jackson and M.P. Patston. There were no declarations of interest.
Decision:
Status: Noted
Business: The Committee considered a report on its Terms of Reference, as approved by Annual Council at its meeting held on 18th May 2005.
Decision: It was RESOLVED that the Terms of Reference be noted.
Status: Agreed
Business: The Head of Environmental Health and Licensing submitted a report in respect of Taxi De-limiting and the Waiting List Policy.
The Head of Environmental Health and Licensing outlined the legal position with regard to the ability of a Local Authority to limit the number of hackney carriages registered within its area. A Local Authority was required to demonstrate that there was no unmet demand for hackney carriages before being able to refuse licence applications.
The Committee noted that, in 1997, Stevenage Borough Council's policy was that the regulation of hackney carriages should continue, and that 4 new licences should be issued on 1st January each year (subject to the provision of an approved disabled accessable vehicle).
The Head of Environmental Health and Licensing commented that the last 'Unmet Demand Study' in Stevenage had been published in April 2003. This study concluded that there was no evidence of unmet demand, and subsequently the Council's policy was reviewed. It was decided to stop using new licences on 1st January each year, a policy which was still operated by the Council. There were currently 100 hackney carriage licence holders in Stevenage.
The Head of Environmental Health and Licensing explained that, in November 2003, the Office of Fair Trading (OFT) published a market study into the regulation of taxis. In respect of quantity regulation, the OFT study concluded that the overall quality of taxi services could be enhanced by reforming elements of the regulatory framework. The OFT stated that consumers would benefit from their recommendations by more taxis being on the road; journeys being safer; reduced passenger waiting times; creation of more choice; and protection from overcharging.
The Committee noted that the OFT had found that quantity regulations restricted those wishing to set up a taxi business by creating a premium on taxi licences typically ranging from £12,000 - £50,000 and by creating waiting lists. The OFT recommended that the legislative provisions allowing Local Authorities to impose quantity controls should be repealed.
The Head of Environmental Health and Licensing commented that the Department of Transport had issued advice to local authorities in the form of an Action Plan, which stated that the Government believed that restrictions on numbers should be only retained where there was shown to be clear benefits to consumers. The Government made it clear in the Action Plan that local authorities remained best placed to determine local transport needs, and so it was not proposing at this time to take away the power from local authorities to restrict taxi licences. Accordingly, local authorities were asked to review the case for restricting taxi licences in their areas.
Members were advised that, in November 2004, a workshop was held in order to consider the current taxi licensing arrangements in Stevenage. This workshop involved Members of the Environment and Economy Review Panel, together with representatives of the taxi trade, service users and the Police. The workshop considered 4 options in relation to quantity controls, and these were presented to the Committee as follows:-
(i) Option 1 - De-limit from January 2005.
(ii) Option 2 - No change (maintaining the current limit).
(iii) Option 3 - Commissioning a new urgent demand study and granting a number of new licences to meet the unmet demand that may be identified.
(iv) Option 4 - Not undertaking any new unmet demand study and granting a specific number of new licences each year (managed growth).
The report outlined the advantages/disadvantages of each option, and the Head of Environmental Health and Licensing recommended that Option 4 - Managed Growth - should be progressed, a view supported by the majority of participants at the November 2004 workshop.
The Committee noted that approximately 270 licence holders were consulted on the proposal, giving a 37% response rate, and 97 of these had objected to de-limiting. A petition signed by 91 members of the taxi trade was also submitted, requesting that an unmet demand study be undertaken, the cost of which would be met by the trade.
The Chair invited Andy Gearing (T&GWU) to speak on behalf of the taxi trade. Mr. Gearing made the following points:-
- the OFT report had been discredited by the T&GWU during a House of Commons Select Committee debate on the matter.
- most drivers would need second jobs should de-limiting be approved, thereby reducing the number of vehicles on the road.
- many current drivers had to work over 75 hours a week to earn a living.
- the current taxi rank at the railway station comprised 14 spaces, and there were often 30 or more taxis queuing there to pick up passengers.
- the unmet demand on the Leisure Park on Friday/Saturday nights was due to many drivers not wishing to collect passengers due to anti-social behaviour.
- the trade was prepared to pay for an unmet demand survey, as the cost per driver would be much less than the cost to their livelihoods of de-limiting.
Members of the Committee asked questions of both the Head of Environmental Health and Licensing and Mr. Gearing.
The Committee was unsatisfied, from the information set out in the report and the evidence given at the meeting, whether there was or was not an unmet demand for additional taxis in Stevenage. It was therefore agreed that no action should be taken at the current time with regard to taxi de-limiting, but that the trade's offer to pay for an unmet demand survey should be accepted, in order to provide Members with a sound basis upon which to make a decision on the matter.
In respect of the waiting list policy, the Head of Environmental Health and Licensing outlined the current policy in the report. The Borough Solicitor considered that imposing such a rigid framework was inappropriate as it fettered the Council's discretion, and it was proposed that all future applications would be prioritised on date of application order. This would be subject to vehicles meeting the requirements of the Disability Discrimination Act 1995, and to the requirement that any offer of a plate should be taken up within three calendar months of the offer being made.
The Committee was broadly supportive of the report's recommendation regarding the Waiting List Policy, and made some minor amendments to wording.
Decision: It was RESOLVED TO RECOMMEND to Council:-
(1) That no action be taken at the current time with regard to the de-limiting of the numbers of Hackney Carriages in the Borough, an unmet demand study be undertaken, and the results reported back to the Committee.
(2) That new plates be issued on the basis of date of application order and for Disability Discrimination Act 1995 (DDA) vehicles only. Those on the waiting list will be considered first, subject to the requirement that any offer of a plate being taken up within three calendar months of the offer being made.
Status: Noted
Business: None.
Decision:
Status: Noted
Business: Not required.
Decision:
Status: Noted
Business: None.
Decision: