Proposed National Standards Policy Changes 2021

Summary comparison between the existing and proposed policies detailing only the relevant sections that are not currently aligned with the Council’s policies.

No Section* Licensing Area Item Current situation Proposed change
1 3.5 Policy Licensing authorities should review their licensing policies every five years, but should also consider interim reviews should there be significant issues. There is no timeframe for review process. Policies will be reviewed every five years or earlier.
2 3.14 Policy Any changes in licensing requirements should be followed by a review of the licences already issued Licences are assessed against new standards at renewal. A review will take place when changes are introduced.
3 4.12 Drivers Licence holders should be required to notify the issuing authority within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence. Licence holders are required to notify within 7 days with less trigger scenarios. To update condition of licences to reflect enhanced criteria.
4 4.20-21 Drivers Applicants and licensees should be required to disclose if they hold or have previously held a licence with another authority. An applicant should also be required to disclose if they have had an application for a licence refused, or a licence revoked or suspended by any other licensing authority. Tools such as NR3 should be used by licensing authorities to share information on a more consistent basis to mitigate the risk of nondisclosure of relevant information by applicants. Questions are asked as part of the application but no checks on non-disclosure. Work has begun on implementing the national register (NR3) which will form part of the application process in the future.
5 4.29-31

Drivers Vehicles Operators

All licensing authorities should have a robust system for recording complaints, including analysing trends across all licensees as well as complaints against individual licensees. Ways to make complaint to the authority should be displayed in all licensed vehicles. Comprehensive complaints system. No details of how to complain in licensed vehicles. Options are being explored on how best to achieve greater customer awareness (including the use of signage in licensed vehicles).
6 5.12 Drivers Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night? Drivers’ Panel reports currently make reference to ‘Lord Bingham, Lord Chief Justice’ interpretation of ‘fit and proper’. Drivers’ Panel reports will now reference the National Standards guidance on ‘fit and proper’.
7 6.2 Drivers All licensed drivers should also be required to evidence continuous registration with the DBS update service to enable the licensing authority to routinely check for new information every six months. Checked every 3 years. Increase checks to every 6 months.
8 6.6 Drivers All licensing authorities should provide safeguarding advice and guidance to the trade and should require taxi and private hire vehicle drivers to undertake safeguarding training. Safeguarding is addressed in the knowledge test and through optional training days. Training for new and existing licence holders is currently being reviewed. Mandatory safeguarding training is likely to form part of any amended training
9 6.15 Drivers A licensing authority’s test of a driver’s proficiency should cover both oral and written English language skills to achieve the objectives stated above.

English language proficiency and numeracy is examined to an extent in the Knowledge Test, which all applicants must pass

Seek views on requiring applicants to obtain a recognised qualification or pass an approved course in English language proficiency

10 7.2 Vehicles Licensing authorities should require a basic disclosure from the DBS and that a check is undertaken annually. Not required Every 12 months
11 7.9 Vehicles All licensing authorities should consult to identify if there are local circumstances which indicate that the installation of CCTV in vehicles would have either a positive or an adverse net effect on the safety of taxi and private hire vehicle users, including children or vulnerable adults, and taking into account potential privacy issues. Licence holders can install their own independent CCTV in vehicles. As detailed in the standards a consultation will take place to identify local circumstances.
12 8.2 Operators Licensing authorities should request a basic disclosure from the DBS and that a check is undertaken annually. Every 5 years Every 12 months
13 8.8 Operators Licensing authorities should, as a condition of granting an operator licence, require a register of all staff that will take bookings or dispatch vehicles is kept. Not required

It shall become a condition of the licence that the operator maintains a live register of all booking and dispatch staff, where applicable.

14 8.9 Operators Operators should be required to evidence that they have had sight of a Basic DBS check on all individuals listed on their register of booking and dispatch staff and to ensure that Basic DBS checks are conducted on any individuals added to the register and that this is compatible with their policy on employing ex-offenders. Not required

It shall become a condition of the licence that the operator must require and declare that all booking and dispatch staff have been subject to a Basic Disclosure, where applicable

15 8.13 Operators

Licensing authorities should as a minimum require private hire vehicle operators to record the following information for each booking:

  • the name of the passenger;
  • the time of the request;
  • the pick-up point;
  • the destination;
  • the name of the driver;
  • the driver’s licence number;
  • the vehicle registration number of the vehicle;
  • the name of any individual that responded to the booking request;
  • the name of any individual that dispatched the vehicle.

Date

Time

Starting Destination

Name of

Passenger

Name of Driver

Vehicle Reg.
Information detailed in the standards will be incorporated into Private Hire Operator conditions.
16 8.15 Operators Registration with the Information Commissioner’s Office as a data controller.

Some operators are registered with Information Commissioner’s Office (ICO), but this is not mandated by the Council.

It shall become a condition of the licence that the operator must register with ICO as a data controller, where applicable.

17 8.16 Operators The use of a driver who holds a PCV licence and the use of a public service vehicle (PSV) such as a minibus to undertake a private hire vehicle booking should not be permitted as a condition of the private hire vehicle operator’s licence without the informed consent of the booker. Not a condition attached to operator licences. It shall become a condition of the licence that the operator must not use a PCV licensed driver and PSV to fulfil a booking without the consent of the booker. Where used, the booker must be advised the driver is subject to different checks.
18 9.2 Enforcement Licensing authorities should, where the need arises, jointly authorises officers from other authorities so that compliance and enforcement action can be taken against licensees from outside their area. Not currently utilised A number of Essex authorities have authorised neighbouring authority’s officers. Work is currently being undertaken to look at the possibilities of doing something similar.

 

Licensing

Address: Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Telephone: 01376 552525

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