Agenda item

          The Committee considered two matters. The first was the adoption of a condition relating to Passenger Carrying Vehicles as recommended by the Department for Transport in its guidance on “Statutory Taxi and Private Hire Vehicle (PHV) Standards”. The guidance provides that public safety is to be of paramount consideration in discharging licensing functions and sets out a number of recommendations that the Department expects to be implemented, unless there is a compelling local reason not to.

        A Private Hire Vehicle is a “motor vehicle constructed or adapted to seat fewer than 9 passengers”. Where a larger vehicle was required, such as a minibus, bus or coach, this was known as a Passenger Carrying Vehicle or PCV. PCVs were subject to a different licensing regime. Some Private Hire Operators held PCV licences or subcontract bookings to PCV licence holders where a PHV is unsuitable. In these circumstances, neither the driver nor the vehicle would have been licensed with the Council despite the passenger having booked through a Private Hire Operator which was licenced with the Council.

          So that the customers were aware of this, the following condition was recommended:-

          A private hire operator must not provide (to include sub-contract) a vehicle that is able to carry more than 8 passengers without first obtaining written or verbal consent of the hirer.  The hirer must be made aware that neither the vehicle, nor the driver (where applicable) are licensed by Halton Borough Council and as such are subject to different checks.  The hirer must also be informed that the driver is not required to have an enhanced DBS check.  Verification of consent must be kept for a period as stated in 2.2 of these conditions.

          Members were advised that the consultation exercise had produced no relevant responses.

        In respect of the second matter, a request to extend the temporary vehicle policy amendment, relaxing the maximum age restriction on Hackney Carriage and Private Hire Vehicles, for a further period of time had been received from the Trade.

        The temporary policy amendment came into force on 26 February 2021 to ease the economic pressures experienced by the trade following the pandemic. It extended the maximum age of non-fully wheelchair accessible vehicles to 12 years old and of fully wheelchair accessible vehicles to 18 years old, subject to two conditions requiring the vehicle benefiting from the extension to have 3 tests per year and on the basis that no vehicle taking advantage of the dispensation may be transferred to another proprietor. These conditions were imposed to mitigate any safety risks to the public bearing in mind the overriding consideration of protecting the public.

        The temporary amendment is due to expire on the 25 February 2023 but the economic circumstances have not improved with the current cost of living crisis.

          An update was provided on the public consultation exercise which had expired earlier in the day. No responses had been received. The majority of the feedback from the Trade supported the extension.

          RESOLVED: That

1)    the following new Private Hire Operator Condition be adopted:-

a.     “A private hire operator must not provide (to include sub-contract) a vehicle that is able to carry more than 8 passengers without first obtaining written or verbal consent of the hirer.  The hirer must be made aware that neither the vehicle, nor the driver (where applicable) are licensed by Halton Borough Council and as such are subject to different checks.  The hirer must also be informed that the driver is not required to have an enhanced DBS check.  Verification of consent must be kept for a period as stated in 2.2 of these conditions.”

2)    the temporary Vehicle Policy amendment extending the maximum age of licensed Hackney Carriage and Private Hire Vehicles be extended for a further period of 2 years (i.e. until 25 February 2025) subject to the same two conditions requiring any vehicles benefiting from the extension to undergo 3 tests per year and on the basis that no vehicle taking advantage of the dispensation may be transferred to another proprietor.