Agenda and minutes

Apologies were received from Councillors’ Parker and Gary White.

To receive declarations of interest from Members on items contained within the agenda

There were no Declarations of Interest stated in respect of Licensing matters.

Resolved:     That, subject to Councillor Walklate being recorded as in

attendance, the Minutes of the meeting held on 30 April, 2019 be agreed as a correct record.

To consider any business which is urgent within the meaning of Section 100B (4) of the Local Government Act 1972

There was no urgent business in respect of Licensing matters.

To receive declarations of interest from Members on items contained within the agenda

There were no Declarations of Interest stated in respect of Public Protection matters.

Two speakers, one representing Hackney Carriage and one representing Private Hire were invited to address the Committee.                 

Mr Tariq Mahmood, the Chairman of the Hackney Carriage Association stated that although work on the Policy commenced in August, 2017 no members of the Taxi Association or Trade were consulted.  They were first contacted in October, 2018 when it was out for consultation.

Mr Mahmood said that they had only had five meetings with the Council during the consultation period and they had tried their best to negotiate but, as their concerns were not addressed they took industrial action.  Further, the officer’s recommendations reflect that the Trade’s recommendations and proposals were not taken seriously.

Mr Mahmood referred to the car age policy, comparing it to that of Stoke on Trent City Council who allow up to 7 year old vehicles to be registered the first time.  It was also felt that the 40,000 miles on the clock reference was not acceptable.  The changes to Grandfather rights and penalty points were also unacceptable. 

Mr Mahmood said that the Council tariffs are the lowest in the Country. Stafford BC have this age policy and their tariffs are much higher. The current policy age limits are 5 years for new and 8 years maximum with an exceptional test for those older. They agree to the removal of the exceptional test but the Council need to allow older vehicles. Officers have not given this any thought.

Mr Mahmood stated that if the trade’s concerns were not listened to then the Hackney trade will take action, maybe legal or maybe on the roads.

Mr Abid Hussain, representing the Private Hire drivers stated that the drivers felt strongly about the Policy and that they had not been involved from the early stages.  Drivers felt as though they were being victimised.  There were a lot of people who depended upon the Trade and the drivers needed to be able to sustain the service.

The Trade had given the Policy a great deal of thought and had tried to come to a reasonable compromise.

Mr Hussain said that it made no sense not being able to operate from over the border.  Further, the current Policy allowed then to offer competitive rates.

The drivers want to keep the service local and want to work with the Council to improve standards.  Operators moving from the area compromises the local service.

With regard to the English test, it was agreed that there should be a minimum level of understanding.  However, asking all  drivers to take a language/knowledge test was not necessary and it should be for new drivers and those where the Council identify problems.

The trade have had constructive dialogue with Cllrs Olszewski and Sweeney. Mr Hussain asked their concerns are taken into account.

Consideration was given to a report introduced by the Council’s Head of Environmental Health Services, Mrs Nesta Barker on the Taxi and Private Hire Licensing Policy  2019-2022 asking Members to review the consultations received in respect of the draft taxi policy and to discuss and agree any amendments to the proposed new Taxi and Private Hire Licensing Policy following the consultation period.

Members’ attention was drawn to paragraphs 2.10 and 2.11

of the report which gave a breakdown of responses received during the consultation period.

The report contained twenty seven decisions for Members to agree upon:

Councillor Kearon asked why there had to be a ‘written’ English Test for drivers?

The Council’s Licensing Administration Team Manager, Mr Matthew Burton explained that this was for the purpose of writing receipts or insurance details.

Councillor Robinson thanked the representatives for coming along.  He stated that he regularly used taxis and on occasion, drivers had struggled to write a receipt.  In addition, there were a small minority of drivers who came to the Public Protection Sub-Committee meetings who were unable to speak English and it was the council’s responsibility to protect the public.

Moved by Councillor Robinson and seconded by Councillor Hutton.

Resolved:     That, all new applicants and current licence holders must be

able to converse orally and in writing in English to a standard

that would reasonably be expected of a person undertaking the

role of a taxi driver 

Councillor Sweeney referred Members to paragraph 2.17 of the report stating that this was coming to all Council’s and not just to Newcastle.

Councillor John Williams agreed that drivers must represent themselves but asked if they could still bring someone along for morale support.

Mr Burton confirmed that drivers could bring someone along for support.

Councillor Kearon queried if the written requirement was job specific was there an expectation that this also referred to language skills.

Mr Burton confirmed this, stating that it would be a lower level standard that was required, allowing drivers to carry out their role.

Moved by Councillor Robinson and seconded by Councillor John Cooper.

Resolved:     That elements of the application procedure and criteria are

used to determine whether an individual meets the required standards e.g. at the appointment interview the individual must represent themselves and be able to answer questions asked of him/her, and the proposed knowledge test could contain open questions that require a written response.

This decision was now no longer applicable.

Councillor Sweeney proposed that the test should remain the  ...  view the full minutes text for item 9.

To resolve that the public be excluded from the meeting during consideration of the attached report, because it is likely that there will be disclosure of exempt information as defined in paragraphs 1, 2 and 7 in Part 1 of Schedule 12A of the Local Government Act 1972.

Resolved:-                That the public be excluded from the meeting during

consideration if the following matter because it is likely that there will be disclosure of exempt information as defined in paragraphs 1,2 and 7 contained within Part 1 of Schedule 12A of the Local Government Act, 1972

To consider the minutes of the Public Protection Sub-Committees which have met since the previous Licensing and Public Protection Committee.

Resolved:     That the Minutes be received.

To consider any business which is urgent within the meaning of Section 100B (4) of the Local Government Act 1972

There was no urgent business in respect of Public Protection matters.