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1 MEETING: HACKNEY CARRIAGE/PRIVATE HIRE JOINT WORKING GROUP DATE: Tuesday 20th March, 2012 TIME: 10.30 am VENUE: Town Hall, Bootle Hackney Trade Associations Member Substitute North West Taxi Association Joseph Bridson Trevor Jones North Sefton Hackney Carriage Association Jon Bagley John Hannah South Sefton Hackney Carriage Association Richard Jarman Jim Blakemore Unite The Union Thomas McIntyre Southport Station Taxi Association John Murrison Eddie Davies North Sefton Hackney Night Drivers’ Association Bill Richey Guy Wilkinson Private Hire Trade Associations Sefton Licensed Operators and Proprietors Association Terry Evason Thomas Burke Berry Street Garage Association Joseph Johnson Michael Denning Delta Merseyside Limited Paul McLaughlin Gary Beesley Sefton Private Hire Fleet Operators Association Mark Sanders Advisory Members Ability Network Paula Hodson Merseyside Police Insp Jason Lane A/Insp Chris Barnes Sefton Council Officers Principal Trading Standards Officer – Chair Mark Toohey Senior Taxi Licensing Officer Mike Foulkes Senior Taxi Licensing Officer John Thompson COMMITTEE OFFICER: Ruth Appleby Telephone: 0151 934 2181 Fax: 0151 934 2034 E-mail: [email protected] If you have any special needs that may require arrangements to facilitate your attendance at this meeting, please contact the Committee Officer named above, who will endeavour to assist. Public Document Pack

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Page 1: Public Document Pack - Sefton

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MEETING: HACKNEY CARRIAGE/PRIVATE HIRE JOINT WORKING

GROUP DATE: Tuesday 20th March, 2012 TIME: 10.30 am VENUE: Town Hall, Bootle

Hackney Trade Associations Member Substitute North West Taxi Association Joseph Bridson Trevor Jones North Sefton Hackney Carriage Association Jon Bagley John Hannah South Sefton Hackney Carriage Association Richard Jarman Jim Blakemore Unite The Union Thomas McIntyre Southport Station Taxi Association John Murrison Eddie Davies North Sefton Hackney Night Drivers’ Association Bill Richey Guy Wilkinson Private Hire Trade Associations Sefton Licensed Operators and Proprietors Association

Terry Evason Thomas Burke

Berry Street Garage Association Joseph Johnson Michael Denning Delta Merseyside Limited Paul McLaughlin Gary Beesley Sefton Private Hire Fleet Operators Association Mark Sanders Advisory Members Ability Network Paula Hodson Merseyside Police Insp Jason Lane A/Insp Chris Barnes Sefton Council Officers Principal Trading Standards Officer – Chair Mark Toohey Senior Taxi Licensing Officer Mike Foulkes Senior Taxi Licensing Officer John Thompson

COMMITTEE OFFICER: Ruth Appleby Telephone: 0151 934 2181 Fax: 0151 934 2034 E-mail: [email protected]

If you have any special needs that may require arrangements to facilitate your attendance at this meeting, please contact the Committee Officer named above, who will endeavour to assist.

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A G E N D A

Item No.

Subject/Author(s)

1. Apologies for Absence

2. Minutes of the Meeting held on 6 December 2011

(Pages 7 - 16)

3. Matters Arising from the Minutes

To consider any matters arising not otherwise included on the Agenda

4. Equality Act 2010

To receive final comments from this Committee, prior to the final report being submitted to the Licensing and Regulatory Committee on 28 May 2012. Also to discuss the following matters raised by Mr Richard Jarman:

• Training

• Representation from the disabled community

• Health and Safety implications

5. Fraud Act - Non-payment of Fares

Item submitted by Mr Richard Jarman

• To discuss recent publicity and display notices in vehicles

• Possibility of inclusion in VRQ training

6. Citizens Arrests by Drivers (Pages 17 - 18)

Item submitted by Mr Richard Jarman Discussion of potential pitfalls in the light of recent incidents

7. Merseylearn Update (Pages 19 - 20)

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Update by the Chair Document from Merseylearn attached

8. Safety Issues (Pages 21 - 28)

Consideration of House of Commons Safety Debate Report attached.

9. Production of Insurance Policies

Update by the Chair

10. Law Commission Review

Update by the Chair

11. Private Hire Operators - Sufficient Identifiers (Pages 29 - 32)

Mr. Richard Jarman and Mr Paul McLaughlin to lead discussion on this matter Documentation from Mr McLaughlin attached.

12. One Stop Shop Update (Pages 33 - 34)

Update by Chair following the One-Stop Shop Sub-Group meeting on 23 January 2012

13. Knowledge Tests

Update of proposal to transfer the Knowledge Test from One Stop Shop to an independent training provider of VRQ Training in line with Liverpool City Council and Knowsley MBC.

14. Complaints against Drivers

Item submitted by Mr Terry Evason Chair to update

15. CRB's and Fit and Proper Persons Definition

Item submitted by Mr Guy Wilkinson How effective are checks from other countries? What constitutes a ‘fit and proper’ person?

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16. Enforcement (Pages 35 - 38)

Mr. John Thompson and Mr. Mike Foulkes to provide an update

17. Membership of Trade Groups

Chair to provide an update

18. Date of next meeting

The next meeting will be held at 10.30 a.m. on Tuesday 26 June 2012, at Southport Town Hall.

19. Any Other Business

In accordance with Minute No. 37 (iii) of the meeting of the Licensing and Regulatory Committee of 24 February 2003, other business may only be considered if agreed by the Chair and a majority of the trade and if it is of an urgent nature. i.e. requires consideration prior to the next scheduled meeting of the Hackney Carriage and Private Hire Joint Trade Working Group.

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HACKNEY CARRIAGE/PRIVATE HIRE JOINT WORKING GROUP

MEETING HELD AT THE TOWN HALL, BOOTLE ON TUESDAY 6TH DECEMBER, 2011

Hackney Carriage Trade Representatives: Representing the North Sefton Hackney Carriage Association (NSHCA) Mr. John Hannah Representing the South Sefton Hackney Carriage Drivers Association (SSHCDA) Mr. Richard Jarman Representing the North West Taxi Association (NWTA) Mr. Joe Bridson and Substitute Member Mr. Trevor Jones Representing North Sefton Hackney Night Drivers Association (NSHNDA) Mr. Guy Wilkinson Private Hire Trade Representatives: Representing Berry Street Garage Association (BSGA) Mr. Joe Johnson Representing Delta Merseyside Limited (DML) Mr Paul McLaughlin Representing Sefton Private Hire Fleet Operators Association (SPHFOA) Mr. Mark Sanders Representing the Sefton Licensed Operators and Proprietors Association (SLOPA) Mr. Terry Evason and Substitute Member Mr. Thomas Burke Officers: Mr. Mark Toohey, Principal Trading Standards Officer (in the Chair) Mr. John Thompson, Senior Taxi Licensing Officer Mr. Paul Fraser, Committee Administrator, Corporate Commissioning Directorate Mr. Mark Quillan, One Stop Shop Manager In Attendance: Mr. Tony Norbury, Merseylearn Mr. Andy Thornton, Merseylearn Ms. Karen Atherton, Argyle Park Taxis, Wirral (Observer)

Agenda Item 2

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94. APOLOGIES FOR ABSENCE Apologies for absence were received from George Halsall (NSHCA), Bill Richey (NSHNDA), Inspector Chris Dillon, Merseyside Police and Mike Foulkes, Senior Taxi Licensing Officer. 95. MINUTES RESOLVED: That the Minutes of the meeting held on 27 September 2011, be confirmed as a correct record. 96. MATTERS ARISING FROM THE MINUTES Further to Minute No. 82 (2) (iii) (Draft Policy for the Licensing of Hackney Carriage and Private Hire Drivers) and Minute No. 84 (Equalities), Richard Jarman (SSHCA) advised that neither of the meetings referred to in the minutes had yet taken place. 97. SMOKING IN VEHICLES The Chair indicated that the issue of smoking in licensed vehicles had been discussed several times in the past; and that he had now volunteered to look at bringing in fixed penalty notices (FPN) to combat the problem. The Chair continued that he was not sure whether objections would be received to the proposal, but that he would work on a procedure, including the issue of warnings to offenders prior to the service of FPN’s, and report back to trade representatives. The Chair concluded that appropriate training would be provided to enforcement staff regarding the issue of the FPN’s. RESOLVED: That the issues associated with the issue of fixed penalty notices for smoking in licensed vehicles be noted and would be brought back to a future meeting for discussion before implementation. 98. EQUALITIES ACT 2010 RESOLVED: That due to the non-attendance of the Sefton CVS representative, consideration of the item on the equalities Act 2010 be deferred to the next meeting.

Agenda Item 2

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99. TAXI QUALIFICATIONS Tony Norbury, Merseylearn updated the meeting on issues associated with Taxi Qualifications. Mr. Norbury indicated that funding for Level 2 training was being sought; that uniformity across the 5 Merseyside local authorities regarding VRQ’s was well on track; that all drivers must have achieved NVQ/VRQ level of training before 31 December 2015; and that in Wirral, there only remained 15 drivers to obtain NVQ/VRQ status which was a great achievement. Trade representatives requested information on the numbers of Sefton drivers to achieve VRQ status. John Thompson indicated that he could provide this information. RESOLVED: That (1) Tony Norbury be thanked for his update; and (2) John Thompson be requested to submit an item to the next meeting providing details of the numbers of Sefton drivers to achieve VRQ status. 100. KNOWLEDGE TEST PROVISION The chair indicated that this item had been submitted by Paul McLaughlin (DML). Mr. McLaughlin stated that Sefton had a number of training providers currently delivering the VRQ/NVQ training and assessments yet the knowledge test remained separate and carried out in house by Sefton Council; that this was not the case in both Liverpool and Knowsley where their knowledge tests were simply an additional module provided by VRQ/NVQ providers; requested that Sefton allow Merseylearn approved training providers to be able to carry out the knowledge test instead of the Council; and indicated that such providers were already under constant scrutiny to ensure the correct delivery of the VRQ/NVQ and therefore the route knowledge test could sit well within the existing portfolio. Trade representatives made the following comments:-

• Guy Wilkinson (NSHNDA) - if he was totally convinced that the trainers were rigorous in their testing, then maybe. However, on balance considered the two should be kept separate

• Joe Johnson (BSGA) - if Liverpool and Knowsley can do it then why can’t we? The proposal would free up more time for One Stop Shop staff to deal with other trade matters

• Richard Jarman (SSHCDA) - it does not really matter who conducts the test, the important point is Sefton being in control of the syllabus

Agenda Item 2

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and testing arrangements. The knowledge test is an objective test whereas the VRQ is not a test but a training module. Sefton must be able to maintain control of the monitoring arrangements

• John Hannah (NSHCA) - many drivers pass the knowledge test yet they still do not know where they are going

• Terry Evason (SLOPA) - many people in the licensed trade view the knowledge test as a way to restrict numbers and the growth of business

• Joe Bridson (NNWTA) - wanted the knowledge test to be done away with and for all vehicles to be fitted with satellite navigation equipment. Mr. Hannah (NSHCA) agreed with Mr. Bridson

Tony Norbury and Andy Thornton (Merseylearn) indicated that St. Helens College administered the knowledge test for St. Helens MBC; that Sefton should identify what its aims and objectives were regarding the knowledge test and look at, and learn from, other local authorities; and that there needed to be a consistent provision of testing. Mark Quillan (One Stop Shop Manager) indicated that the administration of the knowledge test was a drain on resources; lots of preparation went into organising the tests and on occasions, there was a very poor attendance by candidates. This was a waste of his staff’s time. Terry Evason (SLOPA) asked, on average per year, how many complaints were being made to the Taxi Licensing Unit from passengers of Delta and Seaforth Radio Cars complaining about overcharging. Mr. Thompson answered about 6. The Chair indicated that he had no objection in principle to Mr. McLaughlin’s proposal but that more information would first be required. RESOLVED: That a report be submitted to the next Joint Trade Group meeting on the operation of the knowledge test run by Knowsley MBC and whether a review was required on the current Sefton operation of the test. 101. ONE STOP SHOP Joseph Johnson (BSGA) complained about long waiting times experienced at the One Stop Shop (OSS); that in his opinion, the level of service provided by OSS staff was slipping; and asked what could be done to enhance the service paid for by the licensed trade. In particular, Mr. Johnson asked whether a dedicated booth could be provided solely for hackney carriage/private hire licensing matters. Paul McLaughlin (DML) had submitted a letter to the meeting that was attached as an appendix to the agenda. The letter indicated that following

Agenda Item 2

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substantial contact with Delta drivers seeking their views/feedback on the service provided by the OSS, 12 responses were received. The driver comments were detailed in the letter and Mr. McLaughlin concluded that the fact that so few drivers had bothered to respond indicated that they were, overall, satisfied with the service provided as human nature dictated that people were far more likely to comment if they were unhappy with a service. The letter also detailed Delta staff and Company comments that related to concerns over recent delays for drivers applying for their CRB’s; that from an operational perspective it would be better if the knowledge test could be carried out by the training providers alongside the VRQ/NVQ instead of at the OSS; and commended the Council for delivering the best service in the country regarding fees, locations of OSS’s and opening hours. Mr. McLaughlin’s submission concluded by requesting a dedicated taxi window, with a chip and pin machine, so that drivers truly could do one stop at one hatch and get back out to work. Trade representatives made the following comments on the OSS:-

• could the Taxi licensing ring-fenced budget fund an additional member of staff to be designated solely to serve the licensed trade?

• there will always be peaks and troughs in the demand for service

• can chip and pin facilities be provided at OSS? Mark Quillan, One Stop Shop Manager advised that since the OSS took on the operation of the licensing service in December 2006, 21 staff were now available, over two sites, to deal with trade matters. Furthermore the OSS was open longer than the former Taxi Licensing Office in Irlam Road. This compared very favourably with the previous one site operation. Mr. Quillan also advised that 8000 taxi licensing enquiries per year were made at the Bootle OSS, which was a small amount in the overall operation of the OSS and therefore, the establishment of a designated staff member was not considered necessary. With regards to Mr. Johnson’s particular complaint about long waiting times at OSS, Mr. Quillan advised that data relating to waiting times was captured by their IT systems. This data showed that for the period 1 January to 5 December 2011, the average waiting time to deal with a taxi licensing issue was 16 minutes; and that the average waiting time experienced by Mr. Johnson was 14 minutes. Mr Quillan also stated that 4 mobile chip and pin devices (2 per OSS) had been ordered and were awaiting delivery. Trade representatives indicated that it would be beneficial if a review of the services provided by the OSS could be undertaken. RESOLVED: That (1) a Working Party be established to undertake a full review of the

services provided by the One Stop Shop relating to the taxi licensing trade;

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(2) the Working Party comprise of Mark Toohey, Mark Quillan, Joe

Johnson (BSGA), Mark Sanders (SPHFOA) and Trevor Jones (NWTA); and

(3) the findings of the review of the Working Party be submitted to a

future Joint Trade Group meeting. 102. LAW COMMISSION AND LEGISLATION REVIEW The Chair advised that 2 representatives from the Law Commission (Hannah Gray and Jessica Uguccioni) had been invited to attend the next meeting of the Licensing and Regulatory Committee Spokesperson with representatives of the Hackney Carriage and Private Hire trades. Richard Jarman (SSHCDA) advised the meeting that the Law Commission representatives would be attending the meeting to find out how the licensed trade governed itself in Sefton. Paul McLaughlin (DML) indicated that following the meeting, the representatives would be visiting his office to look at how new technology was applied by his company to manage their licensing operations. The Chair concluded that he would contact the Law Commission representatives to obtain a brief update on their proposals. RESOLVED: That the update on the Law Commission and Legislation review be noted. 103. LOCAL TRANSPORT PLAN III - UPDATE Richard Jarman (SSHCDA) advised that he had recently attended a meeting at Merseytravel concerning LTP III and provided the following update:-

• Merseytravel would be introducing a “Walrus” card, a new all in one travel smartcard

• the introduction of Walrus card had been made possible by a £2.2 million government grant

• a trial of the card would take place in St. Helens

• it was alleged that lots of overcharging for concessionary fares was being made by bus companies and the Walrus card may combat this problem

• that a loyalty card scheme, for use in shops and restaurants etc., was to be introduced in association with the Walrus card

Agenda Item 2

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• that investigations were being undertaken regarding the use of the Walrus card in hackney carriage vehicles

• commented on the employment status changes regarding the provision of taxi/bus services

• the average occupancy of a bus across the whole of Merseyside was 9 passengers

• Merseylink passengers needed to book a full day in advance and suggested that the hackney carriage/private hire trade could provide a better, more flexible service.

Paul McLaughlin (DML) asked whether the current subsidy provided as part of the concessionary scheme could not be transferred to an individual’s Walrus card. This would allow the user to decide how and where to spend their allocation, on licensed vehicles for example. Trevor Jones (NWTA) suggested that if the average bus occupancy was 9 passengers, could an increase in numbers allowed in hackney carriages be introduced to benefit the trade. RESOLVED: That Mr. Jarman be thanked for his informative update. 104. RESTORATION OF SUSPENDED DRIVERS' LICENCES

FOLLOWING DROPPED CRIMINAL CHARGES Richard Jarman (SSHCDA) advised that he had recently accompanied a driver at a hearing (at another local authority) whereby the driver had been charged with an offence, had his licence suspended but was then subsequently acquitted of the charge. The local authority opted to use the civil standard of proof and not reinstate the licence. Furthermore, scant details were given to the driver as to the reasons for this decision. Mr. Jarman asked what would be the situation in Sefton if a similar matter occurred here. John Thompson advised that if a driver had his/her licence suspended, then full details/reasons would always be provided in the Suspension Notice together with any right of appeal that might exist. RESOLVED: That the issues associated with the restoration of suspended drivers’ licences following dropped criminal charges be noted.

Agenda Item 2

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105. ENFORCEMENT The Trade Representatives considered hackney carriage and private hire enforcement statistics for the period 2 September to 22 November 2011 that were attached to the agenda at Item 11. Richard Jarman (SSHCDA) questioned whether the increase in the number of identified faults correlated with increased numbers of inspections. Paul McLaughlin (DML) indicated that he would like to see more enforcement activity on private hire drivers plying for hire. He indicated that his company undertook their own checks and that radios were removed from offenders. Terry Evason (SLOPA) complained that he had made complaints to the Taxi Licensing Unit about drivers on a number of occasions but that he was not informed about any outcomes to his complaints. Joe Johnson (BSGA) indicated that if two complaints were made about the same driver then the complaint would be investigated; and he reiterated and confirmed the point raised by Mr. Evason above. Paul McLaughlin (DML) indicated that his company removed drivers from the system using circumstantial evidence; and cited as an example drivers who continuously travelled into the City Centre without pre-booked jobs and on the balance of probability, could not have been collecting friends or family on all of the occasions. However, the Council had to rely on evidence that could stand up to scrutiny in a Court. John Thompson, Senior Taxi Licensing Officer, apologised for the lack of response to Mr. Evason and cited as a reason for the inadvertent error the problems during the transitional period of the recent Taxi Licensing Unit restructure. RESOLVED: That the enforcement activity undertaken during the period 2 September to 22 November 2011 be noted. 106. PRIVATE HIRE BOOKINGS AND SUFFICIENT IDENTIFIERS Richard Jarman (SSHCDA) indicated that he had received complaints from his members concerning private hire drivers collecting passengers (who had used the free phone in store) at the Bootle Asda. Mr. Jarman alleged that drivers did not seek an “identifier” from the customer before they entered their vehicle. Terry Evason (SLOPA) advised that his company did not use an automated service and always requested a customer’s name.

Agenda Item 2

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Paul McLaughlin (DML) explained the operation at his company and that his drivers asked the customer if they were a free phone customer as the identifier. RESOLVED: That the issues associated with private hire bookings and sufficient identifiers be noted. 107. CHRISTMAS CLOSEDOWN - DUTY OFFICER CONTACTS The Chair advised that during the 4 day Council shutdown over the Christmas holiday, a Senior Taxi Licensing Officer would be on duty each day between 10.00 a.m. and 12.00 noon; and that the officers would be able to issue temporary plates if necessary. Information would be e mailed to all trade representatives to confirm this arrangement. RESOLVED: That the information concerning duty cover by officers over the Christmas shutdown be noted. 108. WWW.SEFTONTAXICAB.CO.UK Richard Jarman (SSHCDA) updated the meeting on the website www.seftontaxicab.co.uk that he managed and which provided a host of information for the trade. Messages were occasionally also posted on the site by the Taxi Licensing Unit and he urged colleagues to visit the site to be kept up to date on taxi matters in Sefton. RESOLVED: That the update from Mr. Jarman on the www.seftontaxicab.co.uk website be noted 109. DATES OF TRADE MEETINGS IN 2012/13 RESOLVED: That the following dates for meetings in 2012/13 be approved:

• Hackney Carriage Trade Working Group - 9.30 a.m. on: Date Town Hall Tuesday 20 March 2012 Bootle Tuesday 26 June 2012 Southport Tuesday 25 September 2012 Bootle Tuesday 4 December 2012 Southport

• Hackney Carriage and Private Hire Trade Joint Working Group 10.30 a.m. on:

Agenda Item 2

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Date Town Hall Tuesday 20 March 2012 Bootle Tuesday 26 June 2012 Southport Tuesday 25 September 2012 Bootle Tuesday 4 December 2012 Southport

• Annual Meeting of the Licensing and Regulatory Spokespersons with the Hackney Carriage and Private Hire Trade

10.00 am on Tuesday 23 January 2013, at Bootle Town Hall (Note: This date is subject to agreement at the next Annual Meeting to be held at 10.00 am on 24 January 2012)

110. ANY OTHER BUSINESS In accordance with Minute No. 37 (iii) of the meeting of the Licensing and Regulatory Committee of 24 February 2003, stating that other business could only be considered if agreed by the Chair and the majority of the trade and an issue was of an urgent nature, it was agreed that the Working Group consider the following items of business:- (1) Car Parking Trade representatives complained about the difficulty finding car parking spaces when attending Trade Group meetings. RESOLVED: That the provision of dedicated parking spaces for trade representatives for future meetings be investigated. (2) Mark Quillan, One Stop Shop Manager, advised that CRB checks would now be processed by the One Stop Shop staff and that the time taken to carry out the majority of the checks had now been dramatically reduced due to the online system in place.

Agenda Item 2

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Powers of arrest - A “citizen’s arrest” is no longer the term applicable, the Serious Organised Crime & Police Act 2005 abolished the statutory concept of the “arrestable offence”. A constable may now arrest for any offence in appropriate circumstances. This Act inserted section 24A into the Police & Criminal Evidence Act 1984 allowing a person other than a constable to arrest without a warrant in certain circumstances. The offence nust be indictable (bilking, or refusing to pay, is indictable. Causing damange of less than £5000 in value is NOT an indictable offence.

The Police & Criminal Evidence Act 1984:

24A Arrest without warrant: other persons

(1) A person other than a constable may arrest without a warrant—

(a) anyone who is in the act of committing an indictable offence;

(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b ) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4) The reasons are to prevent the person in question—

(a) causing physical injury to himself or any other person;

(b) suffering physical injury;

(c) causing loss of or damage to property; or

(d) making off before a constable can assume responsibility for him.”

In relation to England and Wales, the expression "indictable offence" means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable “either way”; and the term "indictable", in its application to offences, is to be construed accordingly. There is no simple definition.

An either way offence allows the defendant to elect between trial by jury on indictment in the Crown Court and summary trial in the Magistrates' Court. However, the election may be overruled by the Magistrates' Court if the facts suggest that the sentencing powers of a Magistrates' Court would be inadequate to reflect the seriousness of the offence. These offences can be the subject of an arrest.

Agenda Item 6

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In relation to some indictable offences, for example criminal damage, only summary trial is available unless the damage caused exceeds £5,000. Breaking a window is therefore not an offence for which you can detain a suspected offender.

A youth court has jurisdiction to try all indictable offences with the exception of homicide and certain firearms offences, and will normally do so provided that the available sentencing power of 2 years detention is adequate to punish the offender if found guilty.

The maximum penalty for an offence under Sections 6 and 11 of the Fraud Act is 12 months' imprisonment on summary conviction and 5 years' imprisonment on conviction on indictment. It is an offence triable on indictment or by summary trial in the Magistrates court.

Section 11 offences are those primarily referred to in the notice posted in licensed vehicles.

There is no specific wording to use when making a citizens arrest. However you must inform the person you are arresting as soon as possible what you are doing, why you are doing it and what offence you believe the person has committed.

You may well be liable for any harm caused to an offender when you detain him; reflect on the circumstances and the problems detention may cause.

Agenda Item 6

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Merseylearn Update for Licensing Officers

February 2012

Merseylearn support

• We’re delighted to announce that Unionlearn have agreed to continue to fund our project, so we can continue to support everyone in the network to provide learning opportunities for drivers.

• It’s not been an easy task but the rest of the country now sees Merseyside as an area of best practice, thanks to our partnerships and success to date.

Funding • We’re hearing through our providers’ network that the majority have funding available for eligible learners and things seem to be settling down, although there are several different models of delivery and some learners, particularly those with la level 2 or who are not unemployed, may not qualify for this.

• The funding year changes in July, so budgets should be refreshed and we may see some slight changes.

• We’ve been approached by a new national provider who has funding to deliver NVQs, we’re looking into this as they don’t have a local base and we’d like to be confident about quality.

• There are still some providers who tell us they have funding for a second level 2 qualification (i.e. the VRQ and then the NVQ) although policy suggests this may not be sustainable long term.

Strategic issues

• GoSkills and People 1st are now settling down as a single Sector Skills Council, provisionally called “People 1st incorporating GoSkills” but this is likely to be too much of a mouthful to survive for long and we may see another name soon.

• Merseylearn are working closely with them on a variety of projects which can have a very positive impact on different areas, including support for tourism and equality and diversity.

• The latest government strategy, “New Challenges, New Chances” was published in December and gives continued support for funding those who aren’t in work and those who don’t have a level 2 qualification.

• The apprenticeship in taxi is still under discussion – it’s been approved by People 1st and the Skills Funding Agency but the government hasn’t yet agreed for self employed drivers to be eligible.

Delivery • Delivery remains strong, although some areas have more providers than others and we’re trying to encourage more in areas such as Knowsley and St Helens.

• Almost all Wirral drivers are now trained – making it the first Authority in the North and possibly only the second in the UK.

• The providers network is positive and regular meetings are going ahead.

• Tony is continuing to visit providers and discuss any problems

Agenda Item 7

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LRN/MISC/MLUpdate-Feb12/AT*/TEB 27.02.12

with them, supporting a high quality delivery, so if you have any issues please let us know.

Information, Advice and Guidance

• The Merseylearn website is receiving many hits – some from people going through search engines and others from Authorities who link their websites directly to it. We’d recommend this because it saves staff time giving information to drivers.

• Any comments or suggestions to improve the site welcome – you can see it here.

• Some Authority websites are considerably out of date and we would ask you to keep an eye on this as it can cause confusion and conflict.

• We speak to many drivers who are receiving mixed information from council staff about learning and qualifications, some of whom don’t know or understand the role of Merseytravel. If you’d like us to come in and do some staff training or awareness we’d be happy to help.

• If there are any significant changes to licensing systems or requirements can you please keep us in the loop – sometimes council decisions aren’t relayed to us and this can cause problems.

• Merseylearn hold Job Clubs on a monthly basis to support people who want jobs in the transport sector and we also provide a Next Step careers guidance service and will be closely linked into the new All Age Career Service the government is launching in Spring.

Meetings and PR

• We’re doing this as an electronic update because there’s not enough change to justify holding a meeting and we know everyone’s busy; however, we’ll get some feedback and consider having a meeting in the Summer, when you can come and see our new building on the waterfront.

• We’d like to have some good case studies on the website too, so if you come across someone who has a positive story to tell and is willing to share it, please let us know!

For any queries, our details are as below: Tony Norbury 0151 330 1269 [email protected] Andy Thornton 0151 330 1588 [email protected]

Agenda Item 7

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House of Commons – Safety Debate

Private Hire and Hackney Carriage Vehicles

29th February 2012

7.2 pm

Richard Fuller (Bedford) (Con): I was prompted to call this debate to discuss the safety of private hire and

taxi drivers and their passengers as a result of recent events in my constituency—the death of a constituent who

was a private hire driver and an assault on another driver. More broadly, I want to encourage the Minister to

make it his priority to transform the perception, and too often the reality, that private hire and taxi drivers are

given second-class status in our public transport system when it comes to their safety. I also wish to highlight to

the Minister some of the impediments to the safety of passengers that have been highlighted to me by Am I

Safe?, a developer of applications to help passengers to verify at the point of hire that a vehicle is legitimately

licensed. Those impediments arise from the complex regulatory structures, differing rules, and inconsistent

interpretation of access to information rights that arise from the various licensing authorities.

Private hire and taxi drivers are a vital part of our public transport system, and when it comes to their physical

safety and the safety of their property, they deserve to be afforded the same protection as our bus drivers, airline

staff and railway employees, but they are not. In many towns such as Bedford, if a person has been out for the

evening with their friends, private hire vehicles and taxis are often the only answer to the question, “Who will

take me home tonight?”, yet drivers routinely have to deal with people who can be abusive, and may be under

the influence of alcohol, drugs or both. A journey may end with someone vomiting in the vehicle or running off

without paying. Private hire and taxi drivers run those risks—not routinely, of course, but much more frequently

than many of the public would appreciate.

Let me turn to recent incidents in Bedford. As Adam Thompson of the Bedfordshire on Sunday newspaper

reported,

“Fayaz Alhaq…who runs AGS Cars in St Peter’s Street, Bedford, says his employees are ‘running a gauntlet’

every weekend and have a job ‘as dangerous as the police’. His words come after 61-year-old grandfather

Mehar Dhariwal of…Kempston…died…having been assaulted the week before while working.”

Mr Thompson’s report went on:

“Only last month Bedfordshire on Sunday reported how 24/7 private hire driver Turbez Ahmed…was

attacked…by a gang of eight who wouldn’t pay their fare up front.”

Efforts by Bedfordshire police to bring to justice the assailants in those two horrific and sad cases go on. I do

not want to obscure those efforts by talking further about those instances, but although they are specific cases,

sadly they are not isolated examples.

A freedom of information request to Bedfordshire police showed that there had been 93 assaults in the

preceding 12 months on private hire and taxi drivers, including 35 cases of aggravated bodily harm and 30

common assaults. My local authority estimates that

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that amounts to 2% of drivers being assaulted each year. Very few jobs have such a high rate of unprovoked

violence.

I have spoken with the National Private Hire Association, the Licensed Private Hire Care Association, and

Private Hire News, and I am indebted to them for their engagement and assistance with my preparation for the

debate. They all, without exception, talked openly and depressingly about the widespread nature of violence

towards drivers, and said, even more worryingly, that the level of violence continues to increase.

The National Private Hire Association sent me news reports of attacks on drivers with knives; guns, fake and

real; baseball bats; a hammer; a fire extinguisher; and even a wheelie bin. Drivers have been set on fire and run

over by their own vehicles. I have not found any nationally collated statistics on assaults and murders of private

hire and hackney carriage drivers. Perhaps the Minister can tell me whether those statistics are collated. If not,

that in itself indicates that the issue of safety is not receiving the attention that it should. The GMB union kept a

record of attacks between April 2007 and February 2008; it listed that nine drivers were killed and 45 suffered

serious physical assaults while doing their job. The Department for Transport conducted research on personal

security issues in 2008 and found that, on average, three drivers a year are unlawfully killed—evidence from

across the country that our private hire and taxi drivers are at risk. I would argue that we have not made

sufficient progress in mitigating those risks.

My hon. Friend the Member for Northampton South (Mr Binley) raised the issue in a debate on 24 June 2009.

That debate was interesting because of a number of points that he raised, but also because he noted the extent of

the private hire and taxi sector. He said that

“we are talking about an industry that employs 340,000 people…The industry makes about 700 million taxi

journeys a year, which means an average of roughly 11 journeys for each member of the population. About £3

billion is spent on fares each year. We are therefore talking about a sizeable industry that plays a major role in

our public transportation.”—[Official Report, 24 June 2009; Vol. 494, c. 912.]

The Minister responding that day, the right hon. Member for Tooting (Sadiq Khan), was alert to the issue of

driver safety and made some useful suggestions, but underlying that debate and much of the industry

commentary is a sort of shrug-of-the-shoulders view that the issue is just too tough to tackle, and in some sense

that it is the cost of doing business. What strikes me is not the fair and sometimes compelling explanations of

the complexities of implementing changes that will tackle these widespread instances of assault, but that given

these horrific attacks at such high incidence rates for so many years in a single sector of the economy, we have

allowed the complexities to thwart our action for so long.

In the search for remedies, I turn first to the perception of the industry. Department for Transport research in

2008 found that

“a strong belief held by many drivers, controllers and others representing the trade is that the root cause of many

of the problems is a lack of respect from the public for taxi and private hire drivers.”

That lack of respect can make the transition to abuse or to violence a much easier step to take. It is a sad fact

also that this lack of respect too often descends into racial abuse.

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I understand that a similar issue confronted the door security sector—I am not sure whether we can call them

bouncers these days. The violence against bouncers was seen as part of that job, but a focused effort on

changing that perception, together with other initiatives, has had a positive impact, reducing the incidence of

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attacks on door security staff at our pubs and clubs. What, in practical terms, has the Department for Transport

done since 2008 to tackle the public perception of the industry, and what steps would the Minister consider

undertaking? Perhaps it would be appropriate for the Transport Committee to assist in this effort.

Also in 2008 under the previous Government, the Sentencing Guidelines Council included taxi and private hire

drivers in that category of workers where longer sentences would result from a crime. What assessment has the

Department made of the impact of those changes in sentencing guidelines? Does the Minister believe that

further action to strengthen the guidelines is warranted?

The national associations and the GMB raised with me the issue of the introduction of CCTV and/or driver

shields. I will be interested to hear the Minister’s thoughts on those, as I understand that there are differing

opinions about the desirability of each of those options, but he will be aware of the initiatives by some local

authorities to investigate or roll out CCTV solutions. They have been considered for Brighton, Braintree,

Oxford, Manchester and other locations. He will be equally aware of the very high cost of some of these

solutions. It is unfair to expect drivers to bear the full cost of the equipment, particularly if the market price

continues to be hundreds of pounds.

Jim Shannon (Strangford) (DUP): There has recently been a change to legislation in Northern Ireland to

increase safety for taxi drivers and passengers and to regulate the sector. That resulted from attacks on both

parties. Does the hon. Gentleman think that where there is good practice somewhere in the United Kingdom—in

this case, in Northern Ireland—that could be used as an example to produce better regulation for taxi drivers on

the mainland?

Richard Fuller: The hon. Gentleman makes an excellent point, which highlights the fact that so many

authorities are responsible for licensing, and the complexity of various initiatives taking place. I understand that

the Law Commission will examine certain aspects of regulation, but he makes an excellent point about the need

for best practice to be applied across the country. I shall be interested to hear the Minister’s response and his

thoughts on the balance between localism and trying to tackle a national concern.

My view is that it would be unfair to expect drivers to bear the cost of CCTV, particularly if the price of the

equipment remains in the hundreds of pounds. I do not expect public money to be made available in these

straitened times, but I do know that in 2006 Bedford borough council worked with Bedfordshire police to use

some of the proceeds of crime moneys to implement CCTV in a pilot scheme at low or no cost to drivers. In

Leicester, funds from the tackling knives action programme have been used. In other local authorities,

advertising on cabs has been enabled to fund the cost of CCTV.

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I ask the Minister to consider the possibility of the more widespread use of proceeds of crime moneys for this

purpose.

I mentioned the lack of statistics on crime. I always think that if we do not track something, we will find it hard

to make improvements. Therefore, will the Minister work with the Home Office to track more formally the

statistics on criminal attacks on private hire drivers, including aggravated racial abuse? Will he also comment

on whether he will seek opinions from the private hire and taxi trade as input to the Prime Minister’s alcohol

strategy? Unfortunately, so many of these incidents of crime correlate with alcohol and drug misuse.

Jonathan Lord (Woking) (Con): I commend the work of Woking street angels in my constituency, and similar

street angels across the country, and also pay tribute to the licensed taxi drivers who have an arrangement with

the street angels to take drunk and incapacitated passengers safely home, unless they are potentially violent, in

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which case the police are called. The drivers sometimes do that at no cost to the passengers. Is that something

that my hon. Friend would like to see in more parts of the country?

Richard Fuller: My hon. Friend makes a good point. There are many excellent initiatives in towns across the

country. They have recognised the problem of growing levels of alcohol abuse and the late night trade

generally. We see organisations such as street angels working with the police, local authorities and taxi

companies to ensure that towns do not suffer as a result of people staying out too long and that they get home

safely. That relates to the point the hon. Member for Strangford (Jim Shannon) made about the importance of

local initiatives being given a national profile so that we can make changes all the way across.

My hon. Friend the Member for Woking (Jonathan Lord) enables me to segue over to talk about the safety of

passengers. It is a sad reflection on the taxi industry that, despite the significant efforts made by local

authorities, which he mentioned, any cursory review of local newspapers will readily identify cases of assault—

frequently sexual assault—of passengers by taxi drivers. That is the flipside of the issue of vulnerability. There

is the vulnerability of drivers who are on their own, perhaps with cash, and the vulnerability of people being

driven home on their own. In 2002, the Metropolitan police estimated that in London alone 214 women had

been raped or sexually assaulted in such circumstances in the preceding year. The figure fell to 93 by 2009 but

has recently increased.

There is a range of initiatives that national Government and local authorities are taking to reduce risks to

passengers. I will not dwell on those in too much detail, but a particular issue I want to highlight for the

Minister is the limitations and availability of publicly held data that might be useful in reducing offences against

passengers. There are currently 384 licensing authorities in the UK, each of which will have its own policies on

the collection of data on drivers, such as their Criminal Records Bureau checks, and on their vehicles, and each

authority will have its own rules about sharing that information. As we know, information is power, and that

power ought to be available to passengers, should they wish to have it, when they hire a cab. It would provide

reassurance to know that the vehicle and the driver are properly licensed.

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Am I safe? is a service that currently operates in more than 50 towns and covers 10% of the UK population, but

it reports that local authority information gathering is patchy and that the timeliness of updates varies. I do not

know whether that application is the best, but I believe that it makes sense to make this regulated information

more accessible and more accurate. Therefore, I ask the Minister for his views on the value of a national

registration database of private hire drivers and licensed vehicles and, more broadly, his comments on the need

for rigour in data collection and CRB checks.

Often, in towns and villages throughout our country, the only public transport option for getting back home

after a night out is a cab—a private hire vehicle or hackney carriage. It is time for the Government,

notwithstanding the Law Commission’s review of legislation, to come forward with some initiatives that will

make our private hire and taxi sectors a respected part of our transport system—a status that they and we, the

public, deserve.

7.20 pm

The Parliamentary Under-Secretary of State for Transport (Norman Baker): I thank my hon. Friend the

Member for Bedford (Richard Fuller) for raising this important subject of taxi and private hire vehicle safety,

and for securing the time to allow us to debate the issues. This debate comes at a time when there have been a

number of very serious alleged assaults on and by taxi drivers, and that is a matter of great concern.

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Licensing authorities will do their best, I am sure, but the unfortunate fact remains that taxis and private hire

vehicles can never be perfectly safe. They are often hired from isolated places at night; drivers carry cash; and,

self-evidently, taking a taxi or private hire vehicle generally involves getting into a car with a stranger. That

combination of factors makes drivers and passengers particularly vulnerable to violence, and it is important that

we take what steps we can to minimise the risks.

In looking at safety, we normally focus on the passenger’s perspective, but my hon. Friend quite rightly refers

to the dangers that exist for drivers as well. A report from the Department in 2007 found that on average three

drivers a year are killed unlawfully. Each crime is of course unacceptable, but it is worth putting into context

the fact that journeys in taxis and private hire vehicles account for just over 1% of all journeys per person per

year, and that is 700 million journeys or 3.5 billion miles per year. That, of course, is of no comfort to those

who are subject to the unwarranted and unprovoked attacks to which my hon. Friend referred.

Let me look at how we might make the experience safer for the passenger and driver, starting with the

passenger. First, local authorities, as licensing authorities, are obliged to ensure that only those who are “fit and

proper”—the term in law—should be licensed as taxi or private hire vehicle drivers, and it falls to individual

councils to ensure that that is the case.

The Criminal Records Bureau check is a central element of that assessment process. A number of organisations

have raised with me their concerns that some taxi drivers have only a standard criminal record check because

the law does not allow for all of them to have enhanced checks. Enhanced criminal record checks

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include any relevant local police information, in addition to a record of previous criminal convictions, cautions

and warnings, but those checks have, in law, been restricted to drivers who work regularly with vulnerable

adults or with children.

I agree that licensing authorities should be able to see enhanced criminal record checks in respect of all taxi and

private hire vehicle driver licence applicants, regardless of the type of work that they intend to undertake once

licensed, and I have been working closely with colleagues in the Home Office and, in particular, with my hon.

Friend the Minister for Equalities, who announced in January that all taxi and private hire vehicle drivers will

be entitled to enhanced criminal record checks. The necessary legislative change has now been made by the

Home Office, and today I can confirm that it will come into force on 26 March.

The Minister for Equalities announced also that licensing authorities will be entitled to check whether any

applicant is barred from working with children or with vulnerable adults under the Safeguarding Vulnerable

Groups Act 2006. That is a good example of the Government listening to the experts and acting accordingly.

Licensing officers have told us that they need to be able to see enhanced criminal record checks in order to

make a proper assessment of applicants’ suitability, and we are responding by providing them with the tools that

they need to carry out that vital task.

There is also a growing need for information about licensed vehicles, a point that my hon. Friend helpfully

made in his lucid comments. That information enables the public to verify immediately whether a given vehicle

is licensed, and it helps with the “traceability” trail. There is a difficulty when it involves personal information

relating to individuals, but that is a matter for local authorities to weigh up against their wider obligations and

considerations, including, under the Data Protection Act 1998, the protection of personal information.

I am happy to say, however, that I am aware of Transport for London’s vehicle-checker facility, which enables

the public to input a vehicle registration plate and discover whether the vehicle is actually licensed as a private

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hire vehicle. That is a helpful facility, and I for one cannot see why licensing authorities should hold back on

providing such information. As I was aware that my hon. Friend might raise that matter, I spoke to a leading

national licensing organisation just yesterday and said that I thought it ought to respond positively to requests

for vehicle licensing information, if not proactively put it on its website. It agreed, and said that it would

disseminate that message to its member authorities.

I move on to the hugely important issue of drivers’ personal safety. I was very sorry to learn of the incidents in

my hon. Friend’s constituency. I extend my sympathies and those of the Government to those who have been

subject to serious assaults there and elsewhere, and perhaps particularly to the family of the 61-year-old

grandfather to whom he referred. I was particularly horrified by my hon. Friend’s description of the range of

weapons that are sometimes used against drivers who are simply going about their lawful business. It is

intolerable that they should be subject to attacks such as he described. The lack of respect to which he referred

is clearly an important factor to be taken into account.

I turn to the questions that my hon. Friend asked. I agree with him that there is a problem of perception. We will

examine the parallel position of doormen, to

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which he referred, to see whether there are lessons that might be sensibly transferred across.

My hon. Friend asked about statistics. Because licensing is largely a local function—it has been since 1847 or

before—there is not the depth of national statistics that he or I might like. However, we will talk to the

statisticians to see what is available, and I will write to him to let him know. We will also consider whether the

statistics that are available in different places might be accumulated to give us a better picture of what is

happening. Of course, local authorities may hold information, and I will ask my officials to talk to the national

body of licensing officers to see whether it has information that might throw a light on the matter and what else

might usefully be done. If there is information such as he mentioned, I will happily share it with the Prime

Minister’s team that is examining the alcohol strategy and with the Home Office more generally in respect of

the crime statistics that it collects. I certainly agree that it might be useful to track criminal attacks on private

hire vehicle and taxi drivers more formally.

I am familiar with the Proceeds of Crime Act 2002, because I was on the Bill Committee when it was taken

through Parliament. It was a useful Act. I am not aware that it has been applied directly in cases such as we are

discussing, but I am happy to ensure that my colleagues at the Home Office are made aware of my hon. Friend’s

comments and concerns on that matter and others affecting them. I will write to the relevant Minister to make

him or her aware of the contents of today’s debate and my hon. Friend’s comments, including those relating to

the Act.

My hon. Friend mentioned CCTV. Any decision to install it in cabs or elsewhere must of course involve clarity

about the purpose of doing so. It is important to consider carefully its potential contribution towards achieving

that purpose, the costs and whether the intrusion into individual privacy is appropriate and proportionate. CCTV

in taxis and private hire vehicles is by its nature intrusive, putting law-abiding people under surveillance and

recording their movements, although it might be argued that individuals accept that by flagging down a taxi or

booking a private hire vehicle.

CCTV can be effective in both preventing and detecting crime and antisocial behaviour, and owners and drivers

of vehicles understandably often want to install security measures to protect the driver. However, there is a

balance to be struck, not least given the Data Protection Act’s provisions on the processing of personal data.

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Nevertheless, the personal security of taxi and private hire vehicle drivers and staff clearly needs to be

considered as well.

The Crime and Disorder Act 1998 requires local authorities and others to consider crime and disorder

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reduction while exercising all their duties. The Department’s best practice guidance suggests that the

installation and use of appropriate safety measures is best left to the judgment of the owners and drivers

themselves, but we would encourage licensing authorities to look sympathetically on, or actively encourage,

measures that protect drivers.

As my hon. Friend will be aware, the Protection of Freedoms Bill is being considered in another place. The Bill

includes provisions further to regulate CCTV and other surveillance camera systems. Those provisions include

the introduction of a statutory surveillance camera systems code of practice and the appointment of a

surveillance camera commissioner to encourage compliance, provide advice and information, and monitor the

code’s effectiveness. I will maintain an interest in the development of the code to ensure that CCTV associated

with public transport, including taxis, is addressed appropriately.

Drivers can use a range of other security measures to improve their personal safety, including conflict

avoidance training. The Department has issued guidance for taxi and PHV drivers about how best to protect

themselves, and that is on the Department’s website.

Clearly, enforcement is a hot topic. I commend Transport for London’s Safer Travel at Night campaign, which

aims to reduce the number of cab-related sexual offences by raising awareness of the dangers of using

unbooked minicabs, also known as touts, and illegal cabs. It also involves targeted police and enforcement

activity to identify, disrupt and deter illegal cab activity. Transport for London has, through a sustained effort,

made great strides in reducing cab-related sexual offences and instances of touting, although I accept that there

remains an outstanding concern relating to pedicabs, which are outwith the PHV and taxi licensing system.

More generally, I am pleased that, as my hon. Friend said, the Law Commission has agreed to undertake a

comprehensive review of the law governing taxis and PHVs. The fact that taxis outside London are licensed

under an Act of 1847, and those inside London under an Act dating from 1869, speaks volumes. The Law

Commission is a body dedicated to, and expert in, unravelling complex and archaic legislation and replacing it

with modern, simplified legislation, and I hope that it will take on board issues relating to safety as part of its

work. The commission embarked on the review in July 2011, it will be consulting in the spring, and it will

provide us with a report and draft Bill in November 2013.

I hope that that is helpful in taking forward the genuine and proper concerns that my hon. Friend has raised.

Question put and agreed to.

7.31 pm

House adjourned.

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Ms Ruth Appleby

Committee Administrator

Democratic Services

Corporate Commissioning Directorate

Sefton MBC, Southport Town Hall

Lord Street, Southport

PR8 1DA

Ref: TRADE WORKING GROUP 20 March 2012

Dear Ruth

RECORDS OF HIRING

The Local Government (Miscellaneous Provisions) Act 1976, Section 56.-(2) states…

“Every person to whom a licence in force under section 55 of this Act has been granted by

a district council shall keep a record in such form as the council may, by condition attached to

the grant of the licence, prescribe and shall enter therein, before the commencement of each

journey, such particulars of every booking of a private hire vehicle invited or accepted by him,

whether by accepting the same from the hirer or by undertaking it at the request of another

operator, as the district council may by condition prescribe and shall produce such record on

request to any authorised officer of the council or to any constable for inspection.”

Surprisingly, the same requirement is entirely ABSENT when it comes to hackney carriage vehicles

licensed under the Town Police Clauses Act 1847 (whether undertaking public OR private hire

contracts). This has led to the widely held belief that the only reason private hire journey records

were required in the first place was to provide proof that private hire drivers’ journeys had been

booked in advance and that they were not illegally plying for hire. Protection of the public

appears to be no more than a fortuitous side effect.

Each local authority has therefore made its own decision as to what private hire journey records

should be kept and in what format. For example, the operator conditions currently displayed on

Liverpool Council’s website demand that Liverpool operators “Enter in a suitable book, the pages

of which are numbered consecutively, particulars of every private hire booking”. One wonders

how strictly they enforce this given that most, if not all operators store their records electronically.

Liverpool conditions also require that every record in their book includes the method of booking

(by telephone or personal call), along with the PICK UP and DROP OFF, as well as the name of the

driver. Interestingly they see no need to record the name or any identifier for the customer being

collected.

Historically, Sefton MBC conditions required private hire operators to store (in addition to the

obvious details) the customer’s name and destination too. Such additional details were rarely

recorded in practice, and it was never enforced by the council, so when Sefton carried out its

2008 review of the taxi licensing portfolio, Delta Taxis fully engaged with the consultation that led

to new conditions being adopted…

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• DESTINATION - Throughout the consultation Delta Taxis expressed concerns that

destinations taken BEFORE a hiring provided a platform for drivers to discriminate against

passengers based on the distance or direction of each journey (cherry-picking). Our drivers

had always favoured city centre jobs going to Crosby over city centre jobs going to the

Dingle, so we abolished all destinations to the immediate benefit of the travelling public.

Sefton agreed that destinations were superfluous to needs (and possibly against the interest

of the customer) and so agreed to remove them from the conditions. Incidentally, we do

actually store destinations but only AFTER completion of the hiring, which is when we know

exactly where the customer genuinely went to (as oppose to where they originally said

they were going to).

• NAMES - During the consultation we also expressed concerns over NAMES, especially in

light of Interactive Voice Response systems. IVR technology allowed callers to request a

taxi for their premises with a single key press. They couldn’t enter their name or identity,

simply their location, which was all we required for a successful pickup. It therefore seemed

unreasonable for a council to demand that customers’ names be recorded on every single

hiring. There were occasions when a name might make perfect sense… such as at Lime

Street Station, but in the case of a hotel a room number might be more appropriate, or for

a restaurant we might record a table number. Pubs might request 3 cars for ‘staff’…

function suites might request 15 cars for ‘the wedding party.’ Supermarkets would order

hundreds of pickups every day for ‘A FREEPHONE CUSTOMER’ with drivers asked to ensure

that the customer is one of the many people who have booked from the free-phone.

Sefton took the sensible ‘catch-all’ approach of replacing NAME with IDENTIFIER, catching

all of the above, depending that is on your interpretation of the word ‘identifier’… and

therein lies the problem.

Representatives of the hackney carriage trade, who ironically hold no journey records

whatsoever, have recently challenged our interpretation of ‘identifier’. This has led to Sefton

having to obtain a legal opinion, and we await the results, but might we suggest an alternative

solution in the meantime…

WHAT DO PRIVATE HIRE RECORDS SET OUT TO ACHIEVE?

1. Drivers should not approach passengers unless they are assigned to a booking at that

location

2. Drivers should make all reasonable efforts to ensure that the person they are collecting has

pre-booked with the company

3. The company must be able to identify from their records precisely which customer got into

which vehicle.

When customers ring from home… why do we need an identifier? We can (and do) achieve all

of the above aims with no more than an address. When customers book via their mobile to be

collected outside a pub and we send them an electronic text ticket (Message on Approach)

detailing their assigned vehicle’s make, model and registration number… why do we need an

identifier? The driver collects whoever displays the correct ticket on their mobile. Again all of the

above aims are met. And when ten free-phone customers book ten cars for Asda in Bootle…

what does it matter who gets into which car? With the tracking client we are able to identify for

all ten customers which car they got into by looking at the route the car took and where they

were dropped off.

I therefore propose that with modern technology, identifiers are superfluous to needs and we

should simply drop this detail from the conditions… in keeping with our esteemed neighbours

(Liverpool Council). This would also enable Sefton to avoid engaging with a thankless debate into

the semantics and interpretation of the word itself.

Yours faithfully

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Paul McLaughlin

Company Secretary

DELTA TAXIS

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OSS Working Group Meeting, Magdalen House – 23/01/2012 Attendees: Present: Mark Toohey, John Thompson, Trevor Jones, Mark Sanders, Mark Quillan and Joe Johnson Purpose: MT explained that the meeting had been called following a request from trade representatives at the hackney carriage/private hire joint working group held on the 6th December 2011. The remit of this group was to consider the following points raised:

1. Consider ways of reducing the waiting times to see CSA’s for licensing matters within the OSS’s

2. Can ‘chip & pin’ facilities be introduced? 3. Consider the incorporation of the knowledge test into the VRQ

Customer Contact at One Stop Shops: MT explained that there had been widespread support from the joint meeting for the employment of an extra customer service adviser within the Bootle OSS to ease waiting times and perceived delays encountered with licensing matters. All trade reps at the meeting supported the use of the taxi licensing ring-fenced budget to facilitate this. TJ & JJ both pointed out that the use of appointments was not particularly useful and did not feel that the 8-9am and 5-6pm slots available were necessary. MQ pointed out that the OSS opening hours might be changing in the near future to 9am to 5pm. The group did not feel this would adversely affect the service as the early & late slots were not generally used anyway. The group supported the proposed change of hours. TJ raised the idea of a document ‘drop in’ facility to avoid lengthy waiting times at the Bootle OSS. MQ pointed out that this system would still need to be resourced by a CSA at some point during their working hours which would take them away from the counter. Discussions followed about how this would be managed and whether the use of pre-printed envelopes could be given out with clear instructions on what documents the OSS needs. These envelopes could then be handed in to the OSS for processing with a target turn around of 7 days. This idea was unanimously supported and it was agreed that an extra member of staff to concentrate on licensing via a document ‘drop in’ system would eliminate waiting times for those that used it and would be popular amongst the trade. Any extra CSA in Bootle would also be expected to spend a proportion of their time dealing with face-to-face enquiries – MQ said he would assess the exact details of how this would work if funding for an extra

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CSA was agreed. It was felt by all that any extra member of staff should be employed on a temporary basis to see what impact it had – the general consensus was for 24 months and then to be reviewed. The group also considered the whether applications could be done purely by post. Concern was raised by all about the security of documents processed in this way but agreed it could be considered in the future if an extra CSA was employed. MT agreed to approach the TS & Licensing manager on behalf of the group to request release of funds for an extra CSA. Chip & Pin MQ explained that chip & pin facilities were being explored and would be available in the future. MS enquired about the use of pre-pay accounts – MT agreed to contact Avarto finance team to enquire whether this was possible. Discussion then followed about whether online applications could be processed in the future. MT said he did not think this was possible at the moment but would assess this request in the future if it became viable. Knowledge Test MT asked the group about who should administer the provision of the knowledge test. It was agreed by all that the knowledge test should stay but should be incorporated into the VRQ and invigilated by the VRQ training provider. MT agreed to look into the Knowsley & Liverpool systems to see how this works in practice. MT will update the next joint meeting due on 20th March 2012 with any progress and the working group members will assess whether they need to meet again or not.

Agenda Item 12

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Joint Hackney Private Hire Meeting- March 2012 - Enforcement Statistics Test Purchase Operations- Attempts and Successful Hire Statistics

Operation Name & date

Nos Sefton PH Tried

Other LA HV Tried

Other LA PV Tried

Nos HV Accepted

Nos PH Accepted

Earth- 19-20/03/11 8 2 0 0 2

Orion- 30/4-1/05/11 3 10 1 5 0

Galaxy 13-14/05/11 2 10 0 5 0

Hadley- 10/06/11 2 6 1 2 1

Pirate- 09/09/11 0 0 1 0 1

Mars- 09-11/09/11

0 16 0 7 0

Pluto- 03/12/11

5 10 5 1 0

Saturn- 10-11/12/11

6 15 0 4 0

Jupiter- 3-5/01/12

10 22 4 6 0

Prosecution Files since January meeting - not previously resulted Incident District

& Ct Date

Name Offence Sentence

13.05.11 Bootle 27/10/11

Gerard Martin Norton

Liverpool CC HD Plying for Hire & No Insurance

£200 + £1000 costs + 8 points (Appealed to Crown- dismissed additional costs £2000 awarded

13.05.11 Bootle 27/10/11

Joseph Peter Thompson

Liverpool CC HD Plying for Hire & No Insurance

£200 + £1000 costs + 8 points (Appealed to Crown- withdrew appeal)

14.06.11 Aintree 01/12/11

Ali Hassan Mahamoud

Liverpool CC HD Plying for Hire

£120 + £320 costs

13/05/11 Aintree 01/03/12

Mark Cureton Liverpool CC HD Plying for Hire & No Insurance

£300 + £2044 costs + 6PTS

Agenda Item 16

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Allegations Still in Progress and/ or under investigation as at 05.03.2012

Incident District Offence Status 09/09/11 Maghull Unlicensed PH Operator, Driver

and Vehicle Summons issued

09/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

10/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

10/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

10/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

10/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

11/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

11/09/11 Bootle Liverpool HD Plying for Hire and No Insurance

Summons issued

14/09/11 Bootle Sefton PD Failing to comply and IN10

Summons issued

03/12/11 Aintree Liverpool HD Plying for Hire and No Insurance

File complete to review stage

10/12/11 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

10/12/11 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

11/12/11 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

11/12/11 Bootle Liverpool HD Plying for Hire

Under investigation

03/02/12 Aintree Liverpool HD Plying for Hire and No Insurance

Under investigation

04/02/12 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

04/02/12 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

04/02/12 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

05/02/12 Bootle Liverpool HD Plying for Hire

Under investigation

05/02/12 Bootle Liverpool HD Plying for Hire and No Insurance

Under investigation

04/02/12 Southport Sefton PD driving with defective tyres

Under investigation

Agenda Item 16

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Refused driver’s licences between 10.01.2012- 05.03.2012 6 Applicants 2 x possession drugs

1x Possession Class A drugs with intent to supply offences

2 x Possession Offensive weapon

1 x Theft

Revoked Driver’s licences between 10.01.2012- 05.03.2012 1 x Private Hire Driver 1 x Assault- no longer considered fit and

proper

1 x Hackney Driver

1 x Assault- no longer considered fit and proper

1 x Private Hire Driver 1x Drink Drive Disqualification & Possession Class A drugs

1 x Private Hire Driver

Possession Class A drugs

1 x Private Hire Driver Possession Class A drugs & dishonesty

Vehicle Inspection Results between 10.01.2012- 05.03.2012

Licence Type Totals Hackney Carriage inspections undertaken 49

Pre-planned Inspections 20 On District Inspections 29

Fault Free (73%) 36 Vehicle Defect Notice 11

STOP Notice 2 Private Hire Vehicle inspections undertaken 301

Pre-planned Inspections 80 On District Inspections 221

Fault Free (79%) 215 Vehicle Defect Notice 76

STOP Notice 10

Agenda Item 16

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