Agenda item

(A)       In terms of Standing Order 13.1, the Committee received a deputation from Mr William Lees, GMB. Mr Lees was accompanied by Mr Eric Thoresen.

Mr Lees advised that he believed that a mixed fleet was unfair and caused problems. Mr Lees provided an overview of the issues he felt arose as a result of a mixed fleet policy and advised that he believed that a 100% uniformed fleet should be introduced by the Council.  He felt that a uniformed fleet was good for the city and visitors to the city.

He went on to refer to the mixed fleet position in Dundee and advised that this situation was currently under legal challenge. He also referred to the position in other cities within the UK.

Thereafter, Mr Thoresen explained that he felt that a mixed fleet was unfair and did not meet the requirements of the Equality Act 2010.

Members asked questions of Mr Lees and Mr Thoresen.

(B)       In terms of Standing Order 13.1, the Committee received a deputation from Mr Tommy Campbell, Unite. Mr Campbell was accompanied by Mr Peter Campbell.

Mr Tommy Campbell advised that Unite the Unions position in respect of the Council’s Accessible Vehicle Policy remained the same as that presented in May 2012, namely it did not accept that a 100% accessible vehicle taxi fleet was required as in their view demand for accessible vehicles was met by the existing number of accessible taxis in Aberdeen at this time.

He explained that in his view the Committee required to focus on its duty of care to the public under the Equality Act 2010. He quoted the Act and advised that it stated at section 3(a) “persons who share a relevant protected characteristic and persons who do

not share it involves having due regard, in particular, to the need to (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic”. On the basis of the wording, he did not agree that the only way in which the Council could meet this requirement was by having a 100% wheelchair accessible fleet.

He also referred to a survey undertaken previously by Unite wherein not a single respondent wanted a 100% wheelchair accessible fleet.

Mr Peter Campbell referred to his experience of driving both types of vehicle and advised of customer feedback he had received wherein passengers had advised they wanted a choice and did not want a 100% wheelchair accessible fleet.

He recommended that the Committee review the current policy and whether a 100% accessible vehicle taxi fleet was required.

Members asked questions of Mr Tommy Campbell and Mr Peter Campbell.

(C)       In terms of Standing Order 13.1, the Committee had agreed to hear a deputation from Mr Littlejohn, however Mr Littlejohn had been unable to attend the meeting.

(D)       With reference to article 9 of the minute of the meeting of the Licensing Committee of 13 June 2016, the Committee had before it a report by the Head of Legal and Democratic Services which presented details of the process and potential consequences of revisiting the Accessible Vehicle Policy including the legal and financial implications.

The report recommended –

that the Committee

(a)       note the process and potential consequences of revisiting the policy; and

(b)       continue with the scheduled implementation of the current policy.

The Vice Convener, seconded by Councillor Bell moved:-

that the Committee approve the recommendations contained in the report; and agree to request the Head of Legal and Democratic Services to report to the Licensing Committee if there is any implication to Aberdeen City Council wheelchair accessible vehicle policy following the Dundee Council court decision.

.

Councillor Flynn, seconded by Councillor Hutchison moved as an amendment:-

that the Committee –

(1)       note the report;

(2)       instruct the Head of Legal and Democratic Services to proceed with a full consultation on the proposal to move from the Council’s current accessible vehicle policy to a new policy that would deliver a mixed fleet through either taxi licensing or taxi drivers licencing;

(3)       agree that the consultation should involve all taxi and private hire driver licence holders, the Taxi Consultation Group, the Disability Equity Partnership, Police Scotland, all Transport Consultants, Transportation Strategy and Programmes officers, Community Safety officers, Unite Aberdeen and any other relevant charities and organisations and the public;

(4)       agree that the consultation, as well as any aspects determined by the Head of Legal and Democratic Services in consultation with the Convener, would specifically request views on what would be an appropriate ratio of wheelchair accessible vehicles to saloon vehicles to ensure a reasonable availability of both to any member of the public who might either require, or prefer, one type of vehicle for reasons of health or disability, and how a new system could be implemented and continued in a way that was both fair and naturally just to taxi license holders;

(5)       instruct the Head of Legal and Democratic Services to report back to a future meeting of the Licensing Committee in 2018 with the results of the consultation, and the legal and financial implications of a mixed fleet policy, at which time the Committee would determine whether a new mixed fleet policy should be drafted; and

(6)       agree that the date of implementation of the current wheelchair accessible vehicle policy be moved to 6 June 2019, pending the outcome of the consultation.

On a division, there voted:- for the motion (5) – the Vice Convener; and Councillors Bell, Imrie, Avril MacKenzie and Wheeler; for the amendment (11) – Councillors Allard, Delaney, Flynn, Graham, Hutchison, Catriona Mackenzie, Malik, Nicoll, Sellar, Sandy Stuart and Townson; and declined to vote (1) – the Convener.

The Committee resolved:

to adopt the amendment.