Issue - meetings

The Report of the Executive Manager – Neighbourhoods is attached.

It was RESOLVED that:

a)    the proposed Nottinghamshire Joint Enforcement Protocol for Hackney Carriage Vehicles and Drivers be approved and implemented.

b)    the Executive Manager – Neighbourhoods be delegated authority to sign the protocol on behalf of the Council and authorise Rushcliffe Borough Council officers accordingly.

Councillor Moore, on behalf of the Portfolio Holder for Community and Leisure, presented the report of the Executive Manager – Neighbourhoods seeking approval for proposed changes to Taxi Licensing enforcement across Nottinghamshire. The report recommended that Rushcliffe Borough Council follow an agreed enforcement protocol drawn up by all Nottinghamshire Councils with relevant licensing functions and that enforcement officers were authorised to take enforcement action on vehicles and drivers licensed by other protocol partner authorities.

The report noted that the current legislation of the Local Government (Miscellaneous Provisions) Act 1976, only allowed authorised enforcement officers from the local authority which had licensed vehicles (either Hackney Carriage or Private Hire) and drivers to take enforcement action against them.  Councillor Moore noted that these restrictions on enforcement activity meant that currently no enforcement action could be carried out when a vehicle or driver was seen to be operating illegally in a different local authority area to where the licence had been issued. 

In order to enable wider enforcement action, it was proposed that Rushcliffe Borough Council should follow an agreed Joint Enforcement Protocol drawn up by the Nottinghamshire Councils which would enable enforcement officers to be granted authorisation to take enforcement action on vehicles and drivers licensed by any of the other Councils when operating in Rushcliffe. The proposed protocol would facilitate cross border enforcement activity by allowing officers to require inspection of licence/badges under Section 53 (3) Local Government Miscellaneous Provisions Act 1976, inspect and test vehicles and suspend if not satisfied as to fitness under Section 68 and provide for the offence of obstruction of the authorised officer under Section 73.

Councillor Moore noted that the development of the Joint Enforcement Protocol for Private Hire and Hackney Carriage Vehicles and Drivers would be a positive step in maximising all the signatory Councils’ enforcement powers, which would enable enforcement action to be carried out in a consistent and coordinated manner across the county which would boost public confidence in the relation of an important and high profile industry.

Councillor Upton in seconding the recommendations noted that the Joint Enforcement Protocol would improve public safety across the county and welcomed the positive innovation of the protocol.

Councillor Robinson noted his approval for the Joint Enforcement Protocol and advised that the Council were looking into working with other neighbouring authorities in Leicestershire and Derbyshire with regard to joint enforcement action and hoped that councils in these areas would sign up to the Joint Enforcement Protocol in the future.

It was RESOLVED that:

a)    the proposed Nottinghamshire Joint Enforcement Protocol for Hackney Carriage Vehicles and Drivers be approved and implemented.

b)    the Executive Manager – Neighbourhoods be delegated authority to sign the protocol on behalf of the Council and authorise Rushcliffe Borough Council officers accordingly.

REASONS FOR DECISIONS

To provide a positive step in maximising the signatory Council’s enforcement powers.

To enable officers to take appropriate enforcement action in a consistent and coordinated manner across Nottinghamshire.