The Panel shall receive any apologies for absence.

Apologies for absence were received from Councillor Gosling, with Councillor Sharpe attending as substitute. Councillor Hill had also submitted apologies.

The Panel are asked to declare any interests that they may have.

No declarations of interest were made.

The Panel are to approve the minutes of the meeting held on Tuesday 5 July 2022 as a true and accurate record.

AGREED: That the minutes of the meeting helf on Tuesday 5 July 2022 were a true and accurate record.

The Panel are asked to note the minutes of the Sub Committees that were held on 21 July 2022, 28 October 2022, 23 January 2023, 16 February 2023 & 27 July 2023.

The panel noted the minutes.

To note the report and:

i)               Agree in principle that the current RBWM Hackney Carriage Driver and Vehicle Policy & Conditions and the RBWM Private Hire Driver and Vehicle Policy & Conditions be amended to require that all RBWM licenced hackney carriage and private hire drivers enable the Licensing team to check their DBS for new information every six months,

ii)              Agree that this should be consulted on with licenced drivers, operators and all interested parties to determine how this is best achieved, and  

iii)             Agree that final recommendations to introduce the six monthly DBS checks are brought to the next Licensing Panel on 13 February 2024 for final implementation.

Greg Nelson, Trading Standards and Licensing Manager outlined the report that was before the Panel. He stated that the report concerned the criminal records checks that officers carried out on licenced hackney carriage (HC) and private hire (PH) drivers. This was part of the Borough’s tests to see whether a driver was “fit and proper”, as set out in legislation, to have such a license. A licensing authority carry out criminal records checks on licenced drivers, and new applicants for a licence, via the Disclosure and Barring Service, or DBS, formerly known as the Criminal Records Office. He said that at present, checks on existing drivers’ DBSs were carried out every three years although other checks could be carried out as and when necessary.

Greg Nelson said that based on government requirements, the report sought changes to the process so that existing drivers’ DBSs were checked every six months. This would tie in with a move away from a paper-based DBS application process to an online process, in which RBWM was currently undergoing. The background to this, was the introduction in 2020 of the Department of Transport’s Statutory Taxi & Private Hire Vehicle Standards. The aims of this were to raise standards of public safety and protection in the HC and PH trades and to ensure that there was a consistent approach taken across the country in considering whether a driver was fit and proper to hold a licence. Licensing authorities were obliged to adopt the provisions of the Standard unless there were compelling local reasons not to do so. He then said that the borough adopted most of the requirements of the Standard in 2021 and this was followed by a review of existing licence holders to make sure that they complied with the requirements of the new Standard.

Greg Nelson made it clear to the panel that the obligation was on the licensing authority to carry out the six-monthly DBS checks on current licence holders, it was not an obligation on the drivers to produce a new DBS every six months. However, there was an obligation on the drivers for them to register with the DBS update service and allow the borough access to that service so that the checks could be carried out. He added that the borough was currently in the process of moving away from a paper-based DBS process to an on-line process. He referred to paragraphs 2.12 to 2.14 of the report, which stated that the process would be cheaper for drivers in the long run and far more efficient than the current paper system.

Greg Nelson then ended his submission by outlining the recommendations that were available for the panel to consider and vote on.

The Chair thanked Greg Nelson and invited Mr Sabir to address the panel as a registered speaker. He addressed the panel for 3 minutes.

Councillor Douglas asked what the borough’s policy was on DBS checks and whether or not they were purely conviction related. Greg Nelson replied by saying  ...  view the full minutes text for item 120.

To note the report and:

i)               Agree that research should be conducted into the availability and cost of electric and hybrid hackney carriages, and whether the models available comply with requirements for wheelchair accessibility.

ii)              Agree that consultation should be conducted with hackney carriage drivers and all other interested parties as to possible changes to the livery on electric and hybrid vehicles, and

iii)             Agree that the results of the research, the consultation, and options for changes to the livery on electric and hybrid hackney carriages, be brought to the next Licensing Panel meeting on 13 February 2024

Greg Nelson outlined the second report that was before the panel. He began by stating that the current requirement was that the HCs were white with a purple bonnet and boot, and a large RBWM coat of arms on the sides of the vehicle. This was introduced in 2012 and failure to comply, was a contravention of the Hackney Carriage Driver and Vehicle Policy & Conditions, which could result in enforcement action being taken against the driver or owner of the vehicle. He referred the panel to paragraphs 1.3 to 1.6 of the report which set out the history of why the livery was first introduced, the fact that it was not popular with the HC drivers, and that successive borough administrations had wanted to keep it.

Greg Nelson then addressed the government recently moving the ban on the sale of new petrol and diesel cars in the UK from 2030 to 2035. He said that over the next few years, the borough would need to consider how they move the vehicles that were licenced, away from fossil fuel to hybrid or electric power, and that this would need a considerable lead in time to allow drivers to plan ahead. He added that as a first step, it could present an opportunity to allow some changes or relaxation of the current livery requirements for drivers who decide now to move from using a fossil fuelled vehicle to an electric or hybrid vehicle. The RBWM Hackney Carriage Driver and Vehicle Policy & Conditions could be amended such that the livery requirement was changed, reduced, or removed entirely for electric or hybrid vehicles. This would not only remove the objections that the drivers had to the livery and also encourage them to move to an electric or hybrid vehicle. He then outlined some key factors which would have to be taken into account, along with a considerable amount of research.

Greg Nelson then ended his submission by outlining the recommendations that were available for the panel to consider and vote on.

The Chair thanked Greg Nelson and invited Mr Sabir, Mr Jaffri and Mr Yasin to address the panel once at a time as a registered speaker. They were each given 3 minutes.

Councillor Wilson thanked the speakers for their comments and contribution. He noted the transition to lower emissions and also the provision of EV charge points within the borough. He then said that it was important to have something on the vehicles to distinguish them from other vehicles. Wheelchair access was also very important and asked if anything could be relaxed in the future with regards to the requirements of these.  

Councillor Martin said that she would support a new livery, but agreed with Councillor Wilson that they should still have one. She asked for clarity on the move away from diesel vehicles to electric. Greg Nelson said that this was something that would be brought back to the Licensing Panel to decide upon.

Councillor K Singh asked if there could be  ...  view the full minutes text for item 121.