Agenda item

The Committee was informed that the Deregulation Act 2015 had been introduced to remove or reduce unnecessary burdens on businesses, individuals, public authorities and taxpayers.

Section 10 of the Act, which related to the duration of Hackney Carriage and Private Hire driving licences, as well as Private Hire operator’s licenses, had confirmed the default duration of the driving licences as 3 years and the operator’s licence as 5 years. As the Council currently granted licences for one year only, it was therefore proposed to increase the default licence to comply with the new law.

Members were advised that all licensed drivers were currently required to undergo triennial criminal record checks with the Disclosure and Barring Service. Licensed drivers were required to notify the Council of the details of any conviction imposed on them during the period of their licence. In addition, the Licensing Team received any relevant notifications from the Police which, if necessary, could lead to a licence being suspended or revoked.

Drivers were also required to undergo a medical examination every 3 years, although the checks were required on an annual basis upon reaching 60 years of age or at any age on the recommendation of a medical practitioner.

The Committee considered that, where there was less than 3 years remaining on a current check or an annual examination was required, a licence should only be granted for one year. It was also recognised that there may be some circumstances where a driver would have reason to request a licence for only one year, for example where they were approaching retirement or looking for a change in career, and that request should usually be permitted. In all such cases a reason for this decision would be recorded.

It was proposed that, for the remainder of the financial year, where a licence was granted for a period longer than a year, the fee charged would be increased on a pro rata basis. The fees for the next financial year would be set at a future meeting.  

RESOLVED that

                             (i)            licensed hackney carriage and private hire drivers continue to be subject to a triennial criminal record check, driving licence check and medical examination in order to maintain the integrity of the ‘fit and proper’ standard and that in circumstances where there is less than three years left before further checks are required the duration of a hackney carriage or private hire drivers licence be reduced accordingly;

                            (ii)            in circumstances where a private hire operator is not a licensed driver a criminal record check be required every 3 years;

                          (iii)            subject to the statutory advertisement and consultation period, for the remainder of the current financial year, where a licence is granted for a period longer than one year the fee charged be also increased on a pro rata basis and that future fees be set at a future meeting; and

                          (iv)            in circumstances where a licensed driver or private hire operator requests a licence for only one year rather than a longer period then that request be usually permitted in the exercise of discretion.