Law Commission Taxi Report

Transcription

1 Briefing Note Law Commission Taxi Report Today the Law Commission published its long awaited report and draft Bill on taxi law reform. A lot of the content was telegraphed via the Interim Statement in April 2013 but there are some new ideas and we now have a chance to see the proposals in concrete form. In brief the proposals are as follows. Taxi and private hire licensing will remain a local authority (and TfL in London) function, referred to as the licensing authority. There will be an initial internal appeal process against refusals etc, followed by appeals to the magistrates court. There will also be a Judicial Review Lite mechanism to challenge policy in the County Court. In addition there will be new powers for licensing authorities to create and modify taxi zones. The 2 tier system (to be called taxis and private hire vehicles) will be retained with taxis able to take there and then hirings, and PHVs prohibited from doing the same. PHV dispatchers (those who send the vehicle and driver) will require licensing but those who advertise and accept the bookings will not. Private hire drivers and vehicles licensed anywhere will be able to work for any private hire dispatcher. There will be a national minimum standard for PHVs and taxis (to be set by regulations) with the possibility of higher or additional standards for taxis set locally. In addition there will be basic national standards for drivers and dispatchers. Quantity restrictions for taxis would remain possible based on the test of public interest (as opposed one may demand), but sale of plates would only be allowed in existing limited areas. There will be a duty to stop when hailed placed upon taxi drivers if this requirement is applied by the licensing authority. Licensing authority offices will have powers to stop and inspect vehicles and issue fixed penalty notices, irrespective of where the vehicle is licensed. 1 James Button & Co., Solicitors 2014.

2 This is a very brief digests of 280 pages of report and 77 clauses and a schedule in the draft Bill. Further analysis will be available to subscribing authorities in the James Button & Co Bulletin and the whole report and proposals will be fully analysed in the taxi update courses detailed below. Full details of those courses are attached to this briefing note, and bookings can be made via our website. Taxi Courses are being held on the following dates and locations. Wednesday 2nd July Bryngarw House, Bridgend, CF32 8UU Monday 7th July Town Hall, Bakewell, DE45 1BT Tuesday 22nd July Millennium Centre, Liphook, GU30 7LD Tuesday 9th September Durham Leadership Centre, DL1 If you have any further questions or training requirements please do no hesitate to contact James Button. James Button 23 rd May 2014 For further information please contact James Button on or james@jamesbutton.co.uk This briefing note is for information only and does not constitute legal advice. James Button & Co is regulated by the Solicitors Regulation Authority James T H Button, BA, Solicitor, CIoL, MCIArb Principal. 2 James Button & Co., Solicitors 2014.

3 Taxi Licensing Update A One Day Course Facilitated by: James Button BA., Solicitor, MCIArb, CIoL, Principal. All change in the world of Taxi Licensing! With changes proposed in the Deregulation Bill and the publication of the Law Commission s final proposals for Taxi Law Reform plus case law developments this course examines all those in the context of the existing law and current practice. This course is ideal for Licensing Officers, Lawyers, Councillors, Police Officers and anyone else involved in taxi licensing. It covers: Deregulation Bill proposals - fixed term licences, leisure use of private hire vehicles and cross-border subcontracting; Possible alterations to licence conditions Adoption of the 1976 Act post Aylesbury; New case law; Law Commission Proposals. This is a vital update to keep you fully abreast of all developments in taxi licensing law Law commission Bill now Published! Session 1 A brief overview of the current structure of taxi licensing Current points of interest including: Adoption of the 1976 Act; Suspension and revocation of drivers licences; Suspension of vehicle licences. Session 2 Examination of the impact of the proposed changes contained in the Deregulation Bill; Fixed term licences for drivers and operators; Leisure use of private hire vehicles; Cross-border subcontracting by private hire operators Potential changes to condition powers following DFT informal consultation. Course Outline Session 3 A detailed analysis and consideration of the proposals contained in the Law Commission s draft Bill Session 4 Draft Bill analysis continued Questions and Answers t : f : e: w: secretary@jamesbutton.co.uk

4 Licensing Act Update One Day Course Facilitated by: James Button BA., Solicitor, MCIArb, CIoL, Principal. There have been many developments in relation to the Licensing Act 2003, and this one day course brings you right up to date. The changes are looked at in the context of the Act so it is easy to see the impact. This course is ideal for Licensing Officers, Lawyers, Councillors, Police Officers and anyone else involved in the workings of the Licensing Act. It covers Locally Set Fees; Mandatory condition proposals; Late Night Refreshment deregulation Liqueur Chocolates; TEN increases; Film show deregulation; Personal Licence changes; Proposed Community Ancillary Sellers Notice Below Duty+Vat sales; Revised Guidance; New case law; All considered in the context of the Licensing Act, providing a vital refresher on the whole package. Session 1 Brief overview of the Act and current position Licensing Objectives - possible public health objective. Licensable Activities - including detailed consideration of all new and proposed exemptions. Representations and Hearings including the need for 2 committees. When are hearings required? Are you fully compliant and do you need to be? Session 2 Offences, Penalties, Enforcement and Closure Powers Fees a detailed consideration of the locally set fees proposal and potential impacts Offences. Penalties. Enforcement Powers. Closure Powers. Course Outline Session 3 Alterations to Licences, Transfers Etc Variation of Licences. Transfer of Licences. Interim Authority Notices. Alterations to Personal Licences. Session 4 Reviews and Appeals Reviews and Summary Reviews. LNL and EMARO Late Night Levy and Early Morning Alcohol Restriction Orders. Appeals. The Future t : f : e: w: secretary@jamesbutton.co.uk

5 Booking Form Please book..places. Names and job titles Authority.. Address, Postcode..Telephone Number E m a i l s :..... Purchase order number Licensing Act Update Tuesday 3rd June Millennium Centre, Liphook, GU30 7LD. Wednesday 18th June Bryngarw House, Bridgend, CF32 8UU Monday 23rd June Town Hall, Bakewell, DE45 1BT Tuesday 23rd September Durham Leadership Centre, DL1 66YP. Taxi Licensing Update Wednesday 2nd July Bryngarw House, Bridgend, CF32 8UU Monday 7th July Town Hall, Bakewell, DE45 1BT Tuesday 22nd July Millennium Centre, Liphook, GU30 7LD Tuesday 9th September Durham Leadership Centre, DL1 66YP. Please tick the correct Cost: plus vat per delegate for subscribers to JB&Co plus vat per delegate for non-subscribers to JB&Co 20% off for 2nd and further delegate bookings from the same Authority. An invoice will be raised on receipt of this form 20% off for additional delagtes t: f : w : e :secretary@jamesbutton.co.uk Certificate of Attendance will be available and the course carries 4 hours Solicitors Regulation Authority CPD time. Cancellations: A refund of fees will be made only for cancellations received in writing at least 14 days before the event (less 25% cancellation fee to cover administrative costs). No refunds will be made for cancellations received within 14 days of the event and failure to attend after confirming a booking will be subject to the same terms. We regret that the transfer of the booking to another event cannot be made but a substitute delegate will be accepted at any time before the event.