Issues relating to the licensing of taxis and private hire vehicles

Written evidence from Mrs Linda Arkley, Elected Mayor of North Tyneside (TPH 54)

Inquiry: Licensing of Hackney Carriages and Private Hire Vehicles

North Tyneside Council is a regulator under Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847 and as such it recognises the importance of public safety and effective regulation of the hackney carriage and private hire trade (the Trade). However we also recognise the importance of proportionality to allow the Trade to effectively grow and succeed as a business within the parameters that are set either nationally or locally.

As a council we are acutely aware of cross border hire problems in our area and the need to balance local control against the wider geographic trading environment ,as evidenced in the recent cases of Newcastle City Council, R (on the application of) v Berwick-upon-Tweed Borough Council and Others [2008] and Stockton-On-Tees Borough Council v Fidler and Others [2010] both of which involved trading activity in the North East of England. I have been engaging with the Trade in North Tyneside recently to listen to their views including dialogue with Licensing Officers. In November, I attended the recently established North Tyneside Hackney Carriage and Private Hire Licensing Forum which is led by the Council. There, I witnessed first hand the difficulties that the Trade face, much of which can be pinpointed to the out of date legislation that exists. I would advocate bringing clarity to the legislation that regulates the hackney carriage and private hire trade by means of updating the legislation and/or introducing comprehensive national guidance. The current legislation when considered in today’s climate does not reflect modern life such as the use of mobile phones, sophisticated booking systems, and cross-border travel. However any changes should only be brought in after an appropriate consultation process and transitional arrangements.

It should be noted that the Local Government (Miscellaneous Provisions) Act 1976 is specified in The Legislative and Regulatory Reform (Regulatory Functions) Order 2007. As a result Part 2 of the Legislative and Regulatory Reform Act 2006 applies to taxi licensing. As Council we must therefore, quite rightly, have regard to the prescribed statutory regulatory principles by ensuring that its regulatory activities are carried out in a way which is transparent, accountable, proportionate and consistent. In addition, those regulatory activities should be targeted only at cases in which action is needed. Updating legislation and guidance would greatly assist all local authorities in meeting these statutory obligations and in doing so would secure a better regulatory environment in which the Trade can thrive and in which the safety of service users and the wider public is safeguarded.

December 2010