Agenda and minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 29 June 2011.

The minutes of the meeting held on 29 June 2011 were approved as a true and correct record and signed by the Chairman subject to the inclusion of the following amendments:

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Item 3, page 2, 5^th paragraph - It was noted by Councillor Jeff Beck that ‘West Berkshire Taxi and Private Hire Association’ should read ‘West Berkshire Hackney and Private Hire Association’. 

Item 3, page 3, 3^rd paragraph - Councillor Laszlo Zverko advised that his name had been misspelt. 

To receive any Declarations of Interest from Members.

During the discussion of item 4 Councillor David Holtby advised that he had been lobbied on this item.

Purpose: To advice Members of a request from the Taxi Trade Associations to review a decision taken on 26th April 2005 in respect of hackney carriage vehicle transfers

(Councillor Holtby had been lobbied on this matter)

The Committee considered a report (Agenda Item 4) concerning a request from the Taxi Trade Associations to review a decision taken on 26 April 2005 in respect of Hackney Carriage vehicle transfers.

Brian Leahy introduced the report (Agenda Item 4).  He apologised for two errors in the title of the report; ‘Hackney Carriage Driver’ should read ‘Hackney Carriage Proprietor’ and ‘To advice Members…’ should read ‘To advise Members…’.

Brian Leahy provided the Committee with an overview as to why the original decision was made in April 2005, to apply the Family Exemption condition and explained the Council’s position. Mr Leahy noted that the condition had been introduced:

1.      in order to encourage the proliferation of wheelchair accessible vehicles over a period of time;

2.      as it was felt to be unacceptable for a value to be placed on Council property (in the form of a council plate).

Members had therefore chosen to implement the Family Exemption condition.

Brian Leahy then directed the meeting to page 9, part 5, which set out that the Government had commissioned a review via the Law Commission of all matters pertaining to Taxis and Private Hire Vehicles (PHVs).  Section 5.2 of the report outlined the timescale of the review.  He stated that it was an all encompassing review which was long overdue and would be a comprehensive overhaul of taxi legislation, some of which had been in existence since 1847.  Consultation would be undertaken with all groups who might have an interest in taxis including local authorities, the trade and users.

Brian Leahy therefore recommended that as the consultation was due to commence in April 2012, the Committee should consider keeping the status quo in regards to vehicle transfers and the Family Exemption condition until the draft legislation became available in November 2012.  At this time, the Council would be aware of what areas would be under local control and what areas would be legislated for by Parliament.

Brian Leahy drew attention to page 11, Appendix A: Equality Impact Assessment which referred to the necessity for a Stage 2 EIA by 13 December 2011.  This recommendation for a stage two assessment being completed by the 13 December 2011 had been made in error, as any requirement would be dependent on the outcome of this meeting.

Councillor Paul Bryant raised a question in relation to paragraph 3.3.  He asked if a third option, to rescind the Family Exemption condition and not allow transfers, had been considered.

Brian Leahy responded by stating the ability to transfer was a right under legislation and Members had previously voted in favour of the condition.  Only protected vehicles could be transferred to a member of the family, as shown in the conditions for Family Exemption on page15, part 3.  The Council imposed this condition in 2005, to encourage the proliferation of wheelchair accessible vehicles and to ensure an increase in the percentage of these vehicles available for hire  ...  view the full minutes text for item 10.