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DEVOLUTION BILL: Government to issue guidance on proportionate use of new cross-border taxi suspension powers
The Government has confirmed it will issue guidance on the proportionate use of new powers allowing local authorities to suspend taxi and private hire licences immediately on public safety grounds.
The guidance will seek to ensure licensing authorities apply the powers consistently and that any suspension is justified by the circumstances of the individual case.
Confirmation followed a parliamentary question from Joe Robertson, Shadow Minister for Work and Pensions. He asked whether guidance would be issued to councils on the proportionate use of taxi and private hire operator suspension powers under the English Devolution Act.
Responding, Minister for Housing, Communities and Local Government Jim McMahon said: “New powers adopted in the English Devolution and Community Empowerment Act will enable local authorities to immediately suspend licenses in the interests of public safety, regardless of where a driver is licensed.”
McMahon added: “To support licensing authorities in using this new power, the Government will provide guidance on its use to ensure it is exercised consistently and where justified by the circumstances of the case.”
The content of the guidance will be closely followed by licensing authorities, operators and drivers within the taxi industry. Key issues are expected to include the level of evidence required and the process councils should follow before imposing a suspension.
Proportionate enforcement is seen as significant because the power can be exercised by an authority other than the council that originally issued the licence. It is designed to address enforcement difficulties created by cross-border working, where drivers can operate extensively outside their licensing area.
Clear procedures will also be needed for notifying the home licensing authority, reviewing a suspension and allowing affected licence holders to challenge a decision. The parliamentary response did not provide details on these processes.
There was also a difference between the wording of the question, which referred to operator suspension powers, and the ministerial response, which referred to circumstances where a driver is licensed.
No timetable was given for publication. Until the guidance is released, councils and industry stakeholders will have limited detail on the safeguards, evidential tests and decision-making standards that will govern use of the new power.
