The Head of Environmental Development has submitted a report which seeks approval from the Committee to the additions and amendments to the current Taxi Licensing regulations, guidelines, criteria to the licensing of Hackney Carriage and Private Hire Vehicles, Drivers and Operators.

The Committee is asked to:

(a)       Agree to the additions and amendments to the regulations, guidelines, and criteria relating to the licensing of Hackney Carriage and Private Hire Vehicles, Drivers and Operators as set out in Appendices 1 to 3;

(b)       Delegate authority to the Head of Environmental Development to make the necessary textual changes to the Regulations and Guidelines put forward in this Report.

The Head of Environmental Development submitted a report (previously circulated, now appended) which sought approval from the Committee to the additions and amendments to the current Taxi Licensing Regulation, Guidelines and Criteria to the licensing of Hackney Carriage and Private hire Vehicles, Drivers and Operators.

Julian Alison introduced the report and informed the Committee of a letter received from the National Private Hire Association.

The Committee agreed:

(a)       To approve the additions and amendments to the regulations, guidelines and criteria relating to the Licensing of Hackney Carriage and Private Hire Vehicles, Drivers and Operators as set out in the report and the additional amendments suggested by the National Private Hire Association (detailed below);

Information to licence holders of their right of appeal against conditions attached to a licence - added on Page 1 of the pack:

A licence holder has a right of appeal to a Magistrate’s Court against the imposition of the Conditions attached to a licence, by virtue of Section 300 – 302 of the Public Health Act 1936.

Loss of DVLA licence may lead to suspension or revocation of Operator licence - removed from Page 1 of the pack.

Total number of questions posed in Knowledge Test - amended to 30 on Page 2 of the pack.

The requirement for a New Applicant who does not also hold a Private Hire Driver Licence to undertake and Enhanced Criminal Records Bureau Check has been replaced with a Basic Disclosure - amended on page 2 and page 3 of the pack, to read:

Page 2:In order to meet the criteria 1 - 4, the applicant would need to provide full details of previous convictions by obtaining a Basic Criminal Records Bureau Disclosure (if not already a licensed driver with this Authority) which can be obtained by the applicant online at www.disclosurescotland.co.uk.

Page 3:The completed Basic Criminal Records Bureau Disclosure (must have been obtained no earlier than 28 days prior to your appointment with the Licensing Officer).

If you are not a licensed driver with this Authority, then every 3 years you will be required to also submit a completed Basic Criminal Records Bureau Disclosure when submitting your application to renew the Private Hire Operator licence.

Euro Emissions - removed from the pack.

Conditions relating to Private Hire Vehicles - removed from the pack.

Conditions relating to Private Hire Drivers - removed from the pack.

Information relating to documents permitted to be submitted for an Enhanced Criminal Records Bureau Check - removed from the pack.

Condition 5(b) - "reporting of accident" - removed from the pack.

Condition 6(c) - amended Page 4 of the pack to read - any sign or signage affixed to either the inside or outside of a Private Hire Vehicle for public display whatsoever that includes the words, “tax”, “taxi”, “Cab”, “taxi-cab” or “for hire” whether or not as part of another word.

Condition 14 - amended Page 4 of the pack to read - The Operator shall maintain an adequate supply of door livery stickers, and provide such livery upon request to the owner of a licensed Private Hire Vehicle in his or her employ.

Condition 16 - amended Page 4 of the pack to read - The Operator shall take all necessary measures, including those requested by the Licensing Officer, Police Officer or other Authorised Officer, so as to prevent Private Hire Drivers in his or her employ from parking in a “prominent position” (i.e. where people are likely to congregate, locations with a high level of footfall, near taxi ranks) and being in attendance of the vehicle without a prior booking for that location, that may encourage any person to approach the vehicle in the belief that the driver and the vehicle are available for immediate hire.

Window Tints - requirement to change standard tinted windows - amended Page 5 in line with VOSA criteria and the Audio & Visual Recording Equipment Scheme - Upon the fitting of Audio and Visual Recording Equipment to any Private Hire vehicle licensed from 1st April, there shall be no requirement for the need to replace the standard manufactured rear side windows or rear windscreen of the vehicle.

(b)       To delegate authority to the Head of Environmental Development to make the necessary textual changes to the Regulations and Guidelines as detailed in the amended application pack for the Hackney Carriage and Private Hire Driver Licence;

(c)        To thank the Chair of the Committee and Officers for their work on reviewing the guidelines;

(d)       To request written confirmation from the National Private Hire Association of its acceptance of the changes to the Vehicle Operators Pack.