What measures are there currently?
ALL THINGS LICENSING To conclude
Local authorities have a long standing duty under section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent serious crime and violence in its area (emphasis added). There is no duty to consider activities outside of its area, which is particularly pertinent when considering the issue of taxi drivers working outside of the licensed area.
In July 2020, the Government introduced statutory standards for licensing authorities under the Policing and Crime Act 2017. This statute provided statutory guidance on exercising taxi and private hire vehicle licensing functions to protect children and vulnerable individuals who are over 18 from harm when using these services.
The PCA provides recommendations which all councils are expected to implement, unless there is a compelling reason not to. It also suggests suitability checks for drivers, as well as recommending the provision of safeguarding awareness training for licensed drivers.
Whilst many councils have implemented this training, the content, quality, assessment and passing factors varies significantly between providers. This results in potential inconsistencies in the information drivers receive as well as how their knowledge is tested before any licence is granted.
Although the statutory guidance has moved safeguarding forward considerably, the more recent Best Practice Guidance sought a more balanced approach between public safety and unduly burdening the trade.
Finally, the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 advises that if any licensing authority has certain road safety or safeguarding concerns about a driver licensed by another authority, then they must provide relevant information to the authority that issued the licence.
Whilst this is well intended, it is really only effective if the local authority in whose area the driver/vehicle is operating is authorised and resourced by the issuing authority in order to monitor the trade in their area.
58
Clearly the Government wishes to take action to avoid the terrible events and failings taking place across the country reported by Baroness Casey from continuing. Hopefully such a damning indictment of the problems within the licensed trade which allow evasion of strong local controls will bring about the changes required.
In my view, this is not going to be solved by further guidance, as the 2020 guidance has not been effective as intended. Moving taxi licensing to an upper tier authority will also not prevent the issue of out of area working. Properly constructed legislation enabling local authorities to be able to set standards and properly regulate the trade working in their area is needed.
It is also recognised that when the Government has previously examined the question of out of area working, a consensus of the best way forward between regulators and industry could not be achieved. However,
following the criticism of the
current system and the resulting devastating impact on victims of abuse and exploitation, it is clear now that the Government need only to listen to Baroness Casey and those councils working hard to try and uphold standards in their areas as to what is needed to address the problems.
On a final and different note, the Institute’s Annual Jeremy Allen Award, now in its 14th year,
in
partnership with Poppleston Allen Solicitors, is open for nominations.
The award is open to anyone working in licensing and related fields and seeks to recognise and award exceptional practitioners who go above and beyond.
This award is by third party nomination, which in itself is a tribute to the nominee, in that they have been put forward by colleagues in recognition and out of respect to achievements.
their professionalism and
Nominations for the 2025 award are invited by third parties to
info@instituteoflicensing.org and confirm that the nominee is aware and happy to be put forward.
For full details including the nomination criteria, please visit:
www.instituteoflicensing.org.
JULY 2025 PHTM
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72
