Report of the Head of Communities and Customer Services.

The Committee received a report of the Head of Community and Customer Services.  The Licensing Manager explained the initial policy on the delimitation of hackney carriage vehicle licences (HCVL) had been agreed because demand outstripped supply.  He went on to describe how three years ago the situation had then changed and the market was saturated with HCVLs therefore a limit was introduced.  Since that time, despite the current policy being on a reducing basis from 304 licences, there had been no reduction due to no surrenders or revocations.  What appeared to be occurring were the drivers transferring their licences, as they were entitled to do. 

He added that there was a strict exception clause where something different was offered.  Accordingly the council had licensed an electric vehicle. 

He also mentioned that although national best practice guidance was being reviewed, there was no draft available to view currently and this was another reason for no change to the policy in Watford. 

Councillor I. Brown requested clarification on the issue of transfer of licences and also asked what safeguards were in place regarding the drivers who were receiving the transferred licences. 

The Licensing Manager explained that under the Act the Council must record the transfer.  He stated that there were no reasons available in law to refuse a transfer but when a licence came up for renewal the Council could review it at that point. 

Councillor Watkin voiced his concern that the report identified a need for a survey at a considerable cost, but despite knowing that Government policy stating such surveys should be conducted triennially,; there was no allocated budget.  Additionally, policy stated that the trade should not be required to pay for such surveys, but the report suggested that the trade should pay for future surveys via an increase in the licence fee. 

The Licensing Manager replied that whilst the trade should not be asked to pay separately, having a general increase in the licence fee was a legitimate way to recover costs of paying for a survey.  He also stated that a budget had not been set aside for the survey, because it had not been anticipated that a survey would be required.  He stated that the Licensing Committee would have the opportunity to review fees and charges at a future meeting.

Councillor Haley then asked two questions: what was the likely cost to the council of a legal challenge and, at the last meeting, the committee discussed disabled access and a lack of availability of suitable vehicles.  He asked whether the council would consider licensing more wheelchair accessible taxis

The Licensing Manager stated that the cost of an appeal depended on the method of legal challenge, but it may be in the region of £50,000 to £70,000 for a judicial review.  An appeal against a refusal to grant a licence could be in the region £20,000-£30,000 at the Crown Court. 

The Licensing Manager then suggested that there were two ways of changing the make up of the HCV fleet.  Firstly the Council could proscribe that there would be no increase above 304 licences save for wheelchair accessible taxis.  Secondly, as the existing 304 vehicles are replaced, they could only be replaced with a wheelchair accessible vehicle.  He added that both options would require a consultation period and that there was a difficulty in properly defining a wheelchair accessible taxi. 

The Chair commented that perhaps this could be discussed at the taxi disabilities working party.    

Councillor S. Williams asked that as land space was tight in Watford, had the officers considered the possibility of future complaints, resulting from increased pressure on existing parking and rank spaces as a result of the Town Centre building works. 

The Licensing Manager responded that, regarding rank space, whilst that needed to be monitored, the works at Charter Place had not impacted thus far.  He added that improvements were planned for Clarendon Road and Shady Lane and these were being considered as part of the town’s parking strategy review. 

Councillor S Williams commented that the number of HCVs in Watford was probably higher than 304 because due to the presence of Über and on-line booking taxis did not have to be licensed to a particular town.

The Licensing Manager stated that Über was for private hire only, which was why London was so concerned and that Watford was not currently included in Über’s expansion plans. 

          RESOLVED –

1.             that the current policy be continued of

(1)      restricting the number of hackney carriage vehicle licences that are granted to 305 licences, subject to

           (i)      any licences that are surrendered or revoked (other than for administrative reasons) not being re-issued and

           (ii)     the Head of Customer and Community Services in consultation with the Chair of the Licensing Committee determining any individual applications for hackney carriage vehicle licences appearing on its merits to be outside of the policy of granting new licences.

2.      that officers report on the policy to the Licensing Committee every two years in the absence of any survey of significant unmet demand or significant legislative change.