Agenda item

Councillor Mugglestone submits a report that seeks Cabinet’s approval to a change of policy in respect of the Conditions of Fitness for Hackney Carriages following the completion of the review programme approved by Cabinet on 9 January 2006.

The relevant minute extracts of the Licensing Committee on 8 June 2006 and the Environment and Culture Scrutiny Committee on 6 September 2006 are attached.

The appendices are attached for Members only.  Further copies are available on the Council’s website at www.leicester.gov.uk/cabinet or by contacting Francis Connolly on 2527110.

Councillor Mugglestone submitted a report that sought Cabinet’s approval to a change of policy in respect of the Conditions of Fitness for Hackney Carriages following the completion of the review programme approved by Cabinet on 9 January 2006. 

The relevant minute extracts from of the Licensing Committee on 8 June 2006 and the Environment and Culture Scrutiny Committee on 6 September 2006 had been circulated to the Cabinet.

Councillor Mugglestone reported that there had been an extensive consultation programme, which was detailed in the report.

He referred also to some more recent letters received from Swift Fox Cabs dated 20 and 26 October and the officer response letter to these, all of which had been circulated.

Councillor Mugglestone explained that the aim of the conditions was to ensure that the Council only licensed vehicles which were suitable for Leicester, but did not prevent vehicles which were suitable, from being licensed.

It was also noted that the officers’ report gave options about the maximum height of the floor of the passenger compartment that should be allowed.  It was noted that if a low floor height was retained, this in practice would mean that only one type of vehicle could be licensed.  However, if a higher floor height was allowed, a wider range of vehicles could be licensed.  However, it was noted that several consultees had suggested that a higher floor height would have a negative impact in terms of accessibility.  However, Councillor Mugglestone recommended that the floor height requirement should be relaxed as this would give a wider choice to passengers and drivers.  All of the vehicles would be wheelchair accessible. 

Councillor Mugglestone also referred to the draft Department of Transport (DFT) Best Practice Guidance which although of interest, too much weight could not be given to it as it was in draft form.  However, he reported that on 23 October 2006, after the Cabinet report was made public, the DFT published the final version of the guidance.  The section on vehicle specification made it clear that it was considered best practice to specify as many different types of vehicle as possible and that local authorities should be wary of specifying only purpose built vehicles because of the constraints on supply this created.  This reinforced Councillor Mugglestone’s recommendation that the floor height recommendation should be relaxed.

However, if the Council was to license a wider range of vehicles, he explained that it was important that the Council ensured that hackney carriages were recognisable.  He proposed that the main way this should be done should be by requiring that all hackney carriages should be black and bear the Council’s crest.  He noted however that the Council had received one representation from one operator who felt that this requirement would interfere with their corporate identity.  Councilllor Mugglestone however felt that to an extent, this was unavoidable.  However, he noted that some of the finer details of the proposed livery had been left to the Corporate Director to finalise in consultation with the trade and that this could provide an opportunity to identify ways of minimizing the effect on the operator referred to.

Councillor Ramsdale indicated that he did not support the proposals for a requirement for all hackney carriages to be black.

The Corporate Director responded to the issues raised by Members.

RESOLVED

(1)            that in relation to Condition 17 of the Conditions of Fitness for Hackney Carriages relating to the maximum height of the top of the tread of any entrance into the passenger compartment, this be set at 0.53 meters for the following reasons:

a)this would allow a wider range of vehicles to be licensed, providing more choice for passengers and drivers

b)all hackney carriages would continue to be wheelchair accessible

c)                  the Department for Transport’s Best Practice Guidance advises that specifications should allow as many different types of vehicles as possible to be licensed and that local authorities should be wary of licensing only purpose built vehicles

d)it is considered that any reduction in accessibility in respect of this aspect would be offset by the benefits that arise from this change in policy

(2)that the new conditions relating to the livery of hackney carriages, first licensed after 1 December 2006, requiring them to have an all black livery with, in addition, the Council’s Crest and the words “Hackney Carriage” displayed on the front nearside and offside doors and bonnet, be approved.

(3)that the date for implementation of the revised Conditions of Fitness be 1 December 2006 for vehicles not previously licensed as hackney carriages in Leicester, with the exception that Condition 5 (relating to ABS braking) and Condition 27 (relating to head restraints) will not apply to vehicles manufactured before 1 January 2007.

(4)that new conditions relating to private hire vehicles first licensed after a date to be set, not to be wholly or substantially black in colour; and to bear the words “Private Hire Vehicle – Advance Bookings Only” on the front nearside and offside doors; any roof sign displayed on the vehicle also to bear the words “Advance Bookings Only” as well as the company name and telephone number, be approved

(5)that the Corporate Director of Regeneration and Culture be authorised, in consultation with the Cabinet Lead member and the Chair and Vice-Chair of Licensing Committee and the hackney carriage trade, to set the date for implementation of the new Conditions of Fitness to vehicles already licensed.

(6)that the Corporate Director of Regeneration and Culture be authorised, in consultation with the Cabinet Lead member and the Chair and Vice-Chair of Licensing Committee:

a)to decide on the date on which the changes in livery  for private hire vehicles should take effect following consultation with the private hire trade;

b)to decide on the details of the size, shape, positioning, colour and means of application of the Council’s crest and signs for hackney carriages, and signs for private hire vehicles to be displayed in accordance with the recommendations above and after consultation with the hackney carriage and private hire trades; and

c)to consult with the hackney carriage trade on whether and to what extent advertisements and company insignia can be accommodated on those hackney carriages that are subject to Recommendation 2 above; and

(7)that the Licensing Committee’s role in approving different types of vehicles be noted.