The Strategic Director of Regeneration and Environment reported upon the discretion provided following changes in the legislation in respect of licensing Private Hire Operators.  The approval of Members was sought to introduce a requirement for applicants to undergo a criminal record check and obtain a Basic Disclosure from Disclosure Scotland before a Private Hire Operator Licence may be granted or renewed.

The Licensing Manager outlined the legislation within the report and the amendments brought about by The Deregulation Act 2015.  Members were advised that the amended wording would still provide the Council with a discretion as to how long a licence should last in the circumstances of an individual case and were asked to consider whether they were content to delegate the discretion to assess the merits of each individual case to officers, except in circumstances when an applicant or licensed Operator is referred to the Licensing Panel.  It was also proposed that the current fee structure for annual licences be applied should it be considered appropriate to grant a licence for twelve months.

Members were advised that there are currently seventy holders of Private Hire Operator Licences who also hold a Private Hire Driver Licence and are therefore subject to an Enhanced Disclosure and Barring check every three years.  However, seven holders of Private Hire Operator Licences do not hold a Private Hire Driver Licence.  It was proposed to introduce a criminal record check in respect of Private Hire Operators before a licence may be granted or renewed.

Members expressed their concerns in respect of there being no provision to request an Enhanced Disclosure.

The Licensing Manager confirmed that it was not possible to obtain an Enhanced Disclosure and Barring Service check but that an applicant could be asked to obtain a Basic Disclosure from Disclosure Scotland.

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

“(1)  Officers be given delegated authority to assess the merits of each application for a Private Hire Operator Licence and determine whether it would be appropriate in the circumstances of the case to grant a Private Hire Operator Licence for a lesser period except in circumstances when an applicant or licensed Operator is referred to the Licensing Panel when the discretion of the Members of the Licensing Panel would be engaged.

(2)  The following Policy be approved:

An applicant for the grant or renewal of a Private Hire Operator Licence must undergo a criminal record check and obtain a Basic Disclosure from Disclosure Scotland before a licence may be granted or renewed, except in circumstances where the applicant holds or is in the process of applying for a Private Hire Driver Licence.”

Resolved –

(1)  That officers be given delegated authority to assess the merits of each application for a Private Hire Operator Licence and determine whether it would be appropriate in the circumstances of the case to grant a Private Hire Operator Licence for a lesser period except in circumstances where an applicant or licensed Operator is referred to the Licensing Panel when the discretion of the Members of the Licensing Panel would be engaged.

(2)  That the following Policy be approved:

An applicant for the grant or renewal of a Private Hire Operator Licence must undergo a criminal record check and obtain a Basic Disclosure from Disclosure Scotland before a licence may be granted or renewed, except in circumstances where the applicant holds or is in the process of applying for a Private Hire Driver Licence.