Agenda and minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 03 June 2014.

The Minutes of the meeting held on 3^rd June 2014 were approved as a true and correct record and signed by the Chairman.

To remind Members of the need to record the existence and nature of any Personal, Disclosable Pecuniary or other interests in items on the agenda, in accordance with the Members’ Code of Conduct.

There were no declarations of interest received.

Purpose: To inform Members of a request for all front passenger swivel seats to be removed from licensed taxis.

Mr Brian Leahy introduced (Agenda Item 4) explaining the former decision by the Council’s Public Protection Committee (6^th June 2000) which required that all new taxi licences granted after this point had to be suitable for wheelchair users and other people with disabilities. This was in response to the Disability Discrimination Act 1995 and the provisions which needed to be made to comply with this legislation.

The impact of the decision meant that new licences issued from 2003 needed to be for a  suitably adapted vehicle (SAV) i.e. either adapted with a swivel seat or by the purchase of a fully wheelchair accessible vehicle. Brian explained that approximately one third of the current taxi fleet was fully wheelchair accessible.

Mr Leahy described the background which included former challenges to the decision through both a Judicial Review and a local Magistrates Court appeal. The Judicial Review was dismissed however the Magistrates Court appeal found that the swivel seats were not fit for purpose and caused particular difficulties in relation to restricted headroom within the vehicle.

Mr Leahy also mentioned the historic significance of two taxi licensed zones; the Newbury ‘town’ zone and the West Berkshire ‘district’ zone. Back in 2000, a taxi survey commissioned through MCL Transport Consultants demonstrated unmet demand for taxis, particularly in the Newbury ‘town’ zone. This led to a decision to suspend licensing conditions in order to allow the ‘district’ taxis to also operate in the Newbury town centre.

A number of recent requests had been made by the taxi operators for a change to the current policy to remove the requirement for a swivel seat in favour of reverting back to an un-adapted vehicle. The taxi operators were also keen to seek early guidance as to the future accessibility requirements of the Licensing Authority in line with national legislation before making any commitment to purchase new vehicles. 

Mr Leahy described some of the options contained within the report to allow for swivel seats to be removed, ensure the entire fleet was wheelchair accessible or wait for further Government guidance should the Taxi and Private Hire Bill become legislation; however there was no further information at this point in time as to whether the Bill would receive Royal Assent. 

Mr Leahy also explained the views of West Berkshire Council’s Access Officer and the West Berkshire Disability Alliance that a mixed fleet of taxis was preferable, with a removal of the need for swivel seats, in favour of fully wheelchair accessible vehicles.

Mr Leahy reported that there were potentially 29 licensees that would be directly affected by this decision; these had not been consulted individually but had been made aware of the agenda item at this Licensing Committee meeting. It was felt that potentially a further period of consultation would be beneficial with the taxi trade including these 29 licensees. 

Councillor Webb wished to put to the taxi trade a query about the maintenance of the fleet and whether there was a point at which vehicles had  ...  view the full minutes text for item 10.