The Strategic Director of Regeneration and Environment reported upon the discretion provided within the changes introduced in the legislation in respect of licensing Hackney Carriage and Private Hire Drivers.

The Licensing Manager reported upon the legislation which sets out the licensing provisions for Hackney Carriage Drivers and Private Hire Drivers and the current wording in Section 53 of The Local Government (Miscellaneous Provisions) Act 1976 which states that these licences ‘shall remain in force for three years from the date of such licence or for such lesser period as the district council may specify in such licence.’

The Licensing Manager reported that Private Hire and Hackney Carriage Driver Licences were currently granted for a period of 12 months but that the Deregulation Act 2015 amends the wording of Section 53 to state that licences ‘shall remain in force for three years from the date of such licence or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.’

Members were advised that at the last meeting of this Committee on 7 July 2015, a Policy had been approved in respect of the renewal of Private Hire and Hackney Carriage Driver Licences as well as an amended fee structure to be applied to three year licences.  Although this Policy was now in place for renewing licences for a three year period, the Council were still provided with a discretion as to how long a licence should last in the circumstances of an individual case.

In response to questions from Members, the Licensing Manager confirmed that costs were recovered and that fees are reviewed each year and set from 1 April. 

It was moved by Councillor S Niblock and seconded by Councillor J Salter that –

“(1)  Members note that from 1 October 2015 Private Hire and Hackney Carriage Driver licences will be granted for a period of three years. 

(2)  Members delegate to officers the discretion to assess the merits of each individual case and determine whether it is appropriate in the circumstances of the case to grant a Private Hire or Hackney Carriage Driver Licence for a lesser period than three years, except in circumstances where an applicant or licensed driver is referred to the Licensing Panel when the discretion of Members of the Licensing Panel will be engaged.

(3)  Should it be considered appropriate in the circumstances of the case to grant a licence for 12 months, the current fee structure for annual licences be applied.”

Resolved –

(1)  That it be noted that from 1 October 2015 Private Hire and Hackney Carriage Driver licences will be granted for a period of three years. 

(2)  That the discretion to assess the merits of each individual case and determine whether it is appropriate in the circumstances of the case to grant a Private Hire or Hackney Carriage Driver Licence for a lesser period than three years (except in circumstances where an applicant or licensed driver is referred to the Licensing Panel when the discretion of Members of the Licensing Panel will be engaged) be delegated to officers.

(3)  That the current fee structure for annual licences be applied should it be considered appropriate in the circumstances of the case to grant a licence for 12 months.