Purpose

To consider and approve the review
policy.

Content

RESOLVED
 
KEY
DECISION
 
That
the Executive:
 
a)   
Agreed sections 5, 10 and 11- where it relates to
the inspection of vehicles, section 12 – transfer of
licences,  and section 16 – fees,
 of the Policy in so far as this rests
within the functions of the Executive.

 
b)   
Noted the updated policy as shown at Appendix A and
recommended adoption of the draft Hackney Carriage and Private Hire
Licensing Policy 2025-2028 for approval by Council on
26th June 2025.

 
c)   
Delegated authority to the Executive Director of
Place and Economy in consultation with the Executive Member for
Regulatory Services to amend the resolution of 11th July
2024 to postpone the previously agreed commencement of the single
NNC hackney carriage zone from 1st April 2025 to
1st September 2025. The effect of this amendment will
allow time for the Department for Transport to confirm the
associated new set of Hackney Carriage Byelaws.
 
 
Reasons for Recommendations: the draft Policy provides
information and clarity to the licensed trade and prospective
applicants about how the Council will administer the hackney
carriage and private hire driver, vehicle and private hire operator
licensing regimes. The Policy also explains how the Council will
deliver on its primary and overriding responsibility to protect the
public, so that they may travel in safe, well-maintained vehicles,
driven by competent drivers.
 
The
draft Policy includes several material differences to the extant
Policy, which took effect on 1st April 2023, to ensure
it reflects the decision of the Council’s Executive of
11th July 2024 to transition to a single hackney
carriage zone. Additionally, the proposed changes ensure its
cognisance of updated guidance issued by the Department for
Transport and the Institute of Licensing, as well as operational
experience and feedback from the licensed trade.
 
Final approval of the updated Hackney Carriage Byelaws is still
pending with the Department for Transport. The updated Policy
refers to the transition to a single hackney carriage zone and an
associated set of new Byelaws; therefore, the implementation of
both the Policy and the new Byelaws must be harmonised.
 
It
is necessary also to amend the decision of the Council’s
Executive of 11th July 2024 so that implementation of
the single hackney carriage zone correlates with the implementation
date of a new set of Hackney Carriage Byelaws.
 
Alternative Options Considered – the Executive could
decide not to update the extant Policy in relation to the sections
within their functions to resolve and not recommend to Council the
adoption of the draft Policy. The consequence of which would be
that the Policy will not reflect the decision to transition to a
single hackney carriage zone. The Policy will also not reflect
updated government guidance and learned operational experience.
This could leave the Council open to legal challenge in relation to
any decisions made under hackney carriage and private hire
licensing legislation.
 
The
Executive could decide not to delay implementation of the new NNC
zone; however, if the implementation date for the Byelaws is
delayed, this reduces the Council’s ability to regulate
hackney carriage activities and limits Officers enforcement
ability, since the Byelaws govern Hackney Carriage
activity.