Agenda item

(A)       In terms of Standing Order 10(3), the Committee received a deputation from Mr Robertson and Mr Campbell, Unite taxi driver representatives, who  advised that Unite understood the position in light of the Sheriff’s decision, but could not understand why the Committee had not appealed the decision. In this regard, they questioned whether the Committee could enforce its policy on the basis of the Scottish Government’s Taxi and Private Hire Car Licensing: Best Practice Guidance for Licensing Authorities.

Thereafter they advised of the concerns Unite Taxi Drivers had in respect of the implications of relaxing/removing any of the qualifying  conditions that currently applied to private hire applications as this might impact on the quality of the taxi service that was expected by the Council and customers alike. They also had concerns on the impact of taxi drivers and were of the view that the proposed removal of the conditions was unfair on taxi drivers who would continue to have to pay for and undertake the street knowledge test in their own time and at their own cost.

They advised that they wished the Committee to defer approval any new private hire applications until the Council has undertaken an Equality Impact Assessment and a general impact assessment on impact the removal of the knowledge test might have in causing any potential detriment to the citizens of Aberdeen especially those covered by the Equalities Act, or until the Air Weapons and Licensing (Scotland) Act 2015 had been implemented.

(B)       In terms of Standing Order 10(2), the Committee received a deputation from Mr Cullen, who advised that proposal to suspend the administration of the street knowledge test for private hire drivers was one of the most important matters affecting the taxi trade in recent years.  In this regard he advised of the importance of the street knowledge test and highlighted that it required a degree of commitment, application and intelligence to pass the test.  It also provided an objective, fair and measurable standard for all drivers.  Should this requirement be suspended for private hire drivers solely, it would be difficult for the Committee to ensure public safety and order.

Thereafter he provided examples of fares and advised that he felt a reliance on satellite navigate would provide a poor service and ultimately cause frustration for passengers.

(C)       In terms of Standing Order 10(3), the Committee received a deputation from Mr McColl, who advised that the Aberdeen Taxi Group was aware of the Sheriff’s judgment in respect of the case on 18 November 2015 between the Council and Sam Murray regarding the requirement for private hire car drivers to undertake the same street knowledge test as taxi drivers and although respectful of the Sheriff’s judgment would highlight that the Civic Government (Scotland) Act 1982 did not state that the licensing authority cannot make a private hire driver sit the same test.

In addition, he explained that given the forthcoming implementation of the Air Weapons and Licensing (Scotland) Act 2015, which would allow private hire drivers to be included within the licensing requirements for knowledge testing, the Aberdeen Taxi Group felt that the Committee could form an appeal to the Sheriff’s decision.

Mr McColl went on to detail the impact the Aberdeen Taxi Group felt a decision to suspend the policy would have on the public and the taxi trade and questioned whether a reliance on satellite navigationwas the future the Committee wanted for the taxi and private hire trade.

(D)       The Committee had before it a report by the interim Director of Corporate Governance which informed of a decision from the Sheriff Court which might have implications for the Committee’s policy on street knowledge testing for private hire drivers and included recommendations for a review of that policy.

The report recommended:-

that the Committee –

(a)          agree to suspend the administration of the street knowledge test for private hire drivers thereby setting aside the decision of the Committee of 2 February 1990;

(b)          instruct officers from Legal and Democratic Services to include training for private hire driver licences as part of the current consultation on taxi driver training instructed by the Committee at its meeting on 1 September 2015; and

(c)          instruct officers to report to Committee with proposals for street knowledge testing for private hire drivers once section 64 of the Air Weapons and Licensing (Scotland) Act 2015 was in force.

The Convener, seconded by the Councillor Townson, moved –

that the Committee –

(1)          approve recommendation (a) contained in the report;

(2)          instruct officers from Legal and Democratic Services to include training for private hire driver licences as part of the current consultation on taxi driver training instructed by the Committee at its meeting on 1 September 2015 and to advise future private hire driver applicants of the opportunity to voluntarily undertake the street knowledge test;

(3)          instruct officers to report to Committee with proposals for street knowledge testing for private hire drivers once section 64 of the Air Weapons and Licensing (Scotland) Act 2015 was in force or if earlier when guidance on the Act was made available; and

(4)          agree to write to the Scottish Government to request in the strongest of terms that the new provisions of section 64 of the Air Weapons and Licensing (Scotland) Act 2015 be implemented as a priority and that this letter be copied to all Aberdeen local constituency MSPs.

Councillor Reynolds, moved as an amendment –

that the Committee approve recommendations (b) and (c) contained in the report and agree to defer consideration of the suspension of the administration of the street knowledge test for private hire drivers approved by the Committee on 2 February 1990 to enable information to be received from other local authorities on how they processed applications for private hire driver licences with regard to street knowledge, in particular Dundee City Council to identify how it had introduced street knowledge tests as part of the licensing of private hire driver licences.

Councillor Reynolds’ amendment failed to attract a seconder and therefore was not put to the vote. 

The Committee resolved:-

to adopt the motion.