Agenda item

A report by the Assistant Director (Localities) is attached.

The Assistant Director (Localities) submitted a report with regard to representations received in relation to the recently advertised proposed variation to the Private Hire Operators’ Licence fees.  The report is in accordance with the appropriate legislation, as amended by the Deregulation Act 2015.

      The Licensing Unit Manager explained that under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and the Town Clauses Act 1847, the Council is required to consider applications for Hackney Carriage/Private Hire Drivers’ licences and Private Hire Operators’ licences.  Bury Council grants such licences for a 12 month period.

      Section 10 of the Deregulation Act 2015 has amended both the 1976 and the 1847 Acts so that with effect from 1 October 2015, a District Council must grant driver licences for a period of 3 years and Operator

Licences for a period of 5 years unless the Council thinks it appropriate in the circumstances of the case to grant for a lesser period. As a result in the change of the legislation, the current fees for Operator licences have been amended to reflect the longer duration of licences

and the reduction of Officers’ time which will no longer be required on an annual basis, so that the income is maintained for the duration of the licence with the Licensing Service.

There are currently 40 Private Hire Operators licensed with the Authority and objections have been received from 2 Private Hire Operators.

      Members were requested to consider the objections and to determine if the proposed fees are to be applied.

      Mr Palin, the licensed operator of Apple Cars, who had submitted a written representation, then addressed the Panel.  Mr Palin explained that his objections to the proposal were mainly concerning the amount to pay upfront for the 5 year period, before the issue of the licence.  He stated that the Private Hire industry consists of many different licensed Operators ranging in size and it was unreasonable to suggest that a company with only 3 vehicles pay the same as a company with 300 and it would be particularly disadvantageous to the smaller fleet. 

      Mr Palin requested that some other form of payment, rather than the full amount to be paid up front, could be considered. He also submitted two petitions signed by other operators who also objected to the proposals.

      Mr McGlynn, the licensed operator of Radcliffe Walshaw who had also submitted a written representation, was asked if he wished to address the Panel. He indicated that Mr Palin had covered all the points he wished to raise.

      Various discussions took place with the members of the Licensing and Safety Panel in relation to the way the fees could be paid.  The Licensing Unit Manager explained that the fees must be paid in order to grant the licence and that the cost to the Licensing Service through the Civil Courts to recover the amount if the licence holder did not pay, could subsequently mean an increase to the fees in order to address the loss.

                   The Council Solicitor explained that the legislation states that a licence must be granted for 3 or 5 years unless the Council think it appropriate in the circumstances of the case to grant a lesser period. In this case Mr Palin was suggesting an alternative method of payment, rather than annual licences.  The Chair, Councillor Jones, stated that this issue needed to be explored further.  The Licensing Unit Manager reported that meetings are held with members from the Hackney Carriage/Private Hire Liaison Associations but the previous meeting on 22 September 2015 was cancelled due to lack of trade attendance, however, this would now be re-scheduled and all persons present would be invited. This matter could be discussed then.                

                   It was resolved that:

                   The matter regarding the approval of the advertised fees, with or without modifications, would be deferred until the next meeting of the Licensing and Safety Panel on 3 December 2015 with a further report on the issue of payment options to be included.

                   In the interim, as it had been agreed at the last meeting on 3 September 2015, that the Head of Trading Standards and Licensing or the Licensing Unit Manager be delegated to grant licences for a lesser period than 3 – 5 years, any drivers whose licence was due to be renewed imminently would be considered on their own merit and renewed as appropriate.