TAXI LAW EXPLAINED HE “FIT AND PROPER” TEST
The Welsh Government has given a strong indication that it will retain the “fit and proper” persons test for taxi and private hire licensing in Wales. Additionally, it has indicated that it is likely to extend the “fit and proper” persons test to vehicle licence applicants.
Consultation feedback has made it clear that the retention of this test must be accompanied by a statutory definition of “fit and proper” or alternatively that crite- ria by which “fit and proper” would be assessed be clearly defined.
CONDITIONS
The Welsh Government has given a strong indication that it considers national stan- dards necessary.
It said: “The Welsh
Government considers that it is sensible that minimum standards are set to improve con- sistency of service across local authority areas in Wales.”
In addition to national standards, arrange- ments are likely to be put in place giving licensing authorities the discretion to add appropriate conditions on individual licence holderswhere the imposition of any condition is justified, reasonable and proportionate.
FEE SETTING
The Welsh Government has proposed the setting of private hire licensing fees nation- ally, set by theWelsh Ministers, which could not be varied locally. Taxi licensing fees will continue to be set locally, but at a level no lower than the national private hire fee.
There was very little support for such a pro- posal. Respondents instead opted for an approach where local licensing authorities can set fees for licensing taxis and private hire vehicles locally, but in exercising this function, having due regard to guidance issued by theWelsh Government.
In light of the overwhelming feedback, it is unlikely that the Welsh Government will seek to set fees at a national level but may issue statutory guidance for licensing authorities to consider when setting fees.
INFORMATION SHARING
The Welsh Government has given a strong indication that it is in favour of a require- ment on licensing authorities to record enforcement action that has resulted in removal or suspension of a taxi or private hire licence and thatthis information should be made available and accessible to other licensing authorities, who shall be required
AUGUST 2018
No substantial changes to equality legisla- tion is being proposed.
The Welsh Government have said that the existing Public Sector Equality Duty that applies to licensing authorities together with local flexibility to add local conditions or requirements on licence holders is suffi- cientto enable better performance of the duties set out in the Equality Act 2010.
The Welsh Government have indicated that it could require licensing authorities to:
a. Conduct an accessibility review at three- year intervals;
b. Review taxi rank design to ensure com- pliance with the Equality Act 2010; and
c. Provide information about the licensing authority and local operators in alterna- tive formats, as well as information about the types of vehicle available in their area.
REVIEWOF A LICENCE DECISION BEFORE APPEAL
Finally, there are likely to be changes to the redress procedure in relation to a licence holder seeking a reviewof a licensing author- ity’s decision in relation to their licences.
It appears likely that theWelsh Government will introduce new rules that will outlaw trading in taxi plates. Instead, licence hold- er will be required to return their taxi plates to the relevant licensing authority for reissue.
There then remains the problemof compen- sation. Taxi proprietors would have invested significant amounts of money for their plates. Proposals for a compensation scheme or a “buy back” scheme have been put forward but little information has so far been put forward with regard to this.
EQUALITIES IN THE LICENSING REGIME
to consult the information prior to an appli- cation for a licence being granted.
LICENCE PLATE TRADING
The practice of trading taxi plates between licence holders is likely to cease in Wales. This practice is primarily a feature of areas where taxi quantity restrictions exist.
Both the Law Commission and the Compe- tition and Markets Authority indicated that the trade in taxi plates should not be a fea- ture of the licensing regime.
Respondents overwhelmingly supported this approach.
The Welsh Government has strongly indi- cated that the first stage of an appeal process should be the right of an applicant or a licence holder to seek a review of the initial decision by a person independent of the initial decision, so as to ensure that any review undertaken is impartial if not fully independent.
If the appellants remain dissatisfied with the outcome on an appeal, which must be dealt with within a reasonable timeframe, then the right to proceed to the Magistrates’ Courts will become available.
This has the virtue of allowing remedies to be made without referring the matter to the courts and can reduce the number of cases that may otherwise be considered by mag- istrates.
NEXT STEPS
The Welsh Government has not published a response to the consultation setting out its formal proposals for law reform. It has indi- cated that it will publish a White Paper this summer with formal proposals and the next steps in its taxi and private hire licensing law reform programme.
Despite the absence of its formal report, we can be certain that there will be signifi- cant taxi and private hire law reform in Wales. The Assembly has indicated that it is broadly supportive of the majority of the Law Commission’s proposals which serves as a good indicator to what is to come in Wales.
The law reform work undertaken could rep- resent the most significant and radical change in taxi and private hire licensing law since the Local Government (Miscellaneous Provisions) Act 1976. As with other areas of licensing, the UK Government will no doubt be keeping an eye on developments in Wales before making its own decisions for England.
Since the Law Commission report, the UK Government has done very little to progress taxi and private hire law reform. If the reforms in Wales prove successful in terms of simplifying and modernising the taxi and private hire regulatory system, it may prove the catalyst to progress taxi and private hire law reformin England too.
Article supplied by: Stephen McCaffrey Head of Kings View Chambers and Taxi Defence Barristers 020 7060 1775
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