Agenda item

Report No:   CAB/SE/16/063

Portfolio Holder: Alaric Pugh          Lead Officer: Peter Gudde

RECOMMENDED TO COUNCIL: (20 December 2016)

That:

(1)     the results of the recent consultation with Hackney Carriage/Private Hire Vehicle Drivers and customers on the proposal to adopt a BTEC Level 2 Certificate ‘Introduction to the role of Professional Taxi and Private Hire Driver’, as detailed in Report No: LIC/SE/16/005,  be noted;

(2)     the change in requirements for all new drivers to complete the BTEC Level 2 Certificate be adopted; and, additionally

(3)    

(a)     existing drivers be required to attend half-day training covering specific issues of concern including safeguarding vulnerable people, assisting customers with disabilities and customer care provided at no cost to attendees; and

(b)     the Disciplinary Code for Hackney Carriage/Private Hire Vehicles be amended to reflect that should existing drivers fail to comply with (3)(a) above, this would constitute a contravention of this Code, and as a consequence, he/she will be required to obtain the full BTEC Level 2 Certificate referred to in (2) above.

The Cabinet considered Report No: CAB/SE/16/063, which sought approval for new training requirements for Hackney Carriage and Private Hire Vehicle Drivers.

The Local Government (Miscellaneous Provisions) Act 1976 placed a duty upon the Council as the Licensing Authority to ensure that an applicant for a driver’s licence was a ‘fit and proper person’ to hold such a licence and that existing drivers acted in a way as to satisfy the Council that they continued to be ‘fit and proper’ to hold a licence. Listed in paragraph 1.4 of Report No: LIC/SE/16/005 were the existing requirements of the Council’s ‘fit and proper’ test. Whilst there were many extremely competent and professional drivers in West Suffolk there was statistical and anecdotal evidence to support the need for improved standards and knowledge. The Department of Transport in a publication ‘Taxi and Private Hire Vehicle Licensing: Best Practice Guidance’   March 2010 had endorsed the introduction of qualifications in licensing authority regimes. Appendix 1 of Report No: LIC/SE/16/005 listed other local authorities nationally that had introduced a requirement for formally recognised qualifications or in house tests as a prerequisite to the grant of a licence. When considering this matter at its meeting on 17 May 2016 the Licensing and Regulatory Committee had accepted that the appropriate form for the qualification would be based on BTEC Level 2.

Councillor Alaric Pugh, Portfolio Holder for Planning and Growth, drew relevant issues to the attention of the Cabinet, including that external consultation with the taxi trade and the general public, as users, had been carried out on the proposal over July and August 2016.  26 out of a potential 600 registered drivers across West Suffolk and 78 members of the public completed respective surveys.  A summary of the responses was included as Appendix 3 to Report No: LIC/SE/16/005. Generally, from the responses received it was apparent that drivers disagreed with the proposal that the BTEC qualification should apply to existing drivers because of concerns about their livelihoods whereas the indications from customers were overwhelmingly supportive of such a requirement.

The Cabinet supported the requirement for new Hackney Carriage and Private Hire Vehicle drivers to undertake the complete BTEC Level 2 training course; however, the Cabinet endorsed the conclusion of the  Licensing and Regulatory Committee that it was too onerous to place the expectation on existing drivers to undertake this full course, particularly if they had held their licence for a long period of years without incident or complaint.

To address some of the concerns raised by the public during the consultation on this matter but considering the potential disproportionate requirement placed on existing drivers, the Cabinet considered the additional recommendations put forward by the officers (as shown in 4(a) and (b) of the report), which would require existing drivers to attend a half-day training course was an acceptable compromise.  The course would cover safeguarding of vulnerable people, customer care and assisting customers with disabilities and would be provided with no cost to attendees.

RECOMMENDED TO COUNCIL:

That:

(1)    the results of the recent consultation with Hackney Carriage/Private Hire Vehicle Drivers and customers on the proposal to adopt a BTEC Level 2 Certificate ‘Introduction to the role of Professional Taxi and Private Hire Driver’, as detailed in Report No: LIC/SE/16/005,  be noted;

(2)    the change in requirements for all new drivers to complete the BTEC Level 2 Certificate be adopted; and, additionally

(3)   

(a)    existing drivers be required to attend half-day training covering specific issues of concern including safeguarding vulnerable people, assisting customers with disabilities and customer care provided at no cost to attendees; and

(b)    the Disciplinary Code for Hackney Carriage/Private Hire Vehicles be amended to reflect that should existing drivers fail to comply with (3)(a) above, this would constitute a contravention of this Code, and as a consequence, he/she will be required to obtain the full BTEC Level 2 Certificate referred to in (2) above.