Licensing Sub-Committee

ZONING POLICY

The question of zoning had been considered by the Sub-Committee as a result of the intended zoning of vehicles by FOXHUNTERS TAXIS LIMITED contained in their planning application NT/959/92DM which had been considered by the Development Control Sub-Committee on 8 October 1992.  Zoning had raised certain legal issues and matters of policy and it had been decided to refer the matter to this Sub-Committee before a final decision was made on the planning application.

Research and consultation with the other Authorities had revealed no other cases of zoning at the present time.  The main reason for this appeared to be the risk of Plying for Hire by the private hire vehicles and conflict with the hackney carriage trade.

THE COUNCIL WERE WARNED WHAT WOULD HAPPEN BACK in 1993, what we are experiencing at epidemic proportions now and they still decided the following!

RESOLVED;

(1) a policy of zoning by vehicles be approved on the basis that locations are within areas of PRIVATE LAND which are to the satisfaction of the Head of Transport and Engineering and the Policy and Resources Committee be requested to amend the delegation scheme accordingly;

(2) The unrestricted zoning of vehicles by new private hire operators is not to be approved;

(3) minute 721(19)/1/93 concerning the approval of zoning if they are sited on private land and not on public highways be rescinded;

(4) Zoning for existing licensed private hire vehicle operators requiring an increase in the number of hackney carriage and private hire vehicles for which they are currently licensed to operate be approved. Subject to approval of locations by the Head of Transport and Engineering as outlined in (1) above;

(5) the private hire vehicle operators licence conditions be amended to the effect that all private hire vehicles being operated under the above scheme should when empty, and not having another job to go to, RETURN TO THEIR OPERATORS BASE OR BASES; and

(6) The zoning policy be reviewed within 12 months.

WAS IT EVER REVIEWED WITHIN 12 MONTHS?

I COULD NOT FIND ANY EVIDENCE WHEN I LOOKED IN THE PUBLIC RECORDS!

BUT WAIT LOOK WHAT I FOUND IN 2001

3 MAY 2001

LICENSING COMMITTEE

LQ58/5/01 THE ZONING POLICY FOR PRIVATE HIRE VEHICLES (Previous MINUTE 854(12)/3/94

The Heads of Environmental Services and Legal Services reported that under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 the Council could impose any conditions on a private hire vehicle operator’s licence that they considered reasonably necessary.  In January 1993 the Council had introduced a zoning policy. This policy meant that a condition was imposed on new licences which require private hire operators to identify specific locations as “BASES” where they would park their vehicles when waiting for bookings.  THESE SPACES HAD TO BE ON PRIVATE LAND,BE SUBJECT TO THE NECESSARY PLANNING PERMISSION AND BE ACCEPTABLE TO THE COUNCIL.  The policy had been introduced to enable private hire operators with limited parking facilities at their office to expand their operation and increase the number of vehicles they were able to operate with minimal effect on the local community.

The Council decided not to introduce the policy retrospective to existing operators as it was felt that it would be susceptible to challenge by, in particular, long established operators who had been operating for a considerable period of time.

(REMEMBER FOXHUNTERS MADE THE REQUEST, SO NO LONG ESTABLISHMENT FOR EASTCOAST, AS THEY TRADE NOW AS IT WAS THEIR PLANNING APPLICATION THAT DEBATED ALL THE ZONING POLICY.)

The Head of Environmental Services reported that there had been a number of approaches from private hire operators requesting that the Council review its zoning policy as operators were:-

(a) Experiencing difficulties in identifying land on which to zone their vehicles; and

(b) Where land had been identified on which to zone their vehicles, there were difficulties obtaining written permission from the landowner.

Recently an applicant for a new private hire operator licence had appealed to the Magistrates Court against the imposition of the zoning condition, arguing that the condition was not reasonably necessary, that no other Council operated a zoning policy and that the Council were using licensing conditions to resolve planning matters.

In view of this appeal, Counsels opinion was obtained on the reasonableness of the policy and the Council’s chances of success if challenged in the Magistrates Court. Council’s advice was as follows:

(a) An appeal to the Magistrates Court in relation to the zoning policy would not be emeritus and ought not to succeed;

(b)the two main features of the zoning policy, namely a condition requiring a sufficient number of suitable parking spaces and a condition requiring vehicles to return to base when not in use, would be within the powers conferred by the Local Government(Miscellaneous Provisions)Act 1976; and

(c)The zoning condition attached to the operators licence should be redrafted so that it encapsulates the true basis of the zoning policy.

Having obtained Counsels opinion the Licensing Committee were requested to consider:-

(a) whether to continue to apply the zoning policy in relevant cases i.e. all new businesses wishing to operate a number of vehicles over and above the parking facilities available at their offices and any existing operator who wishes to expand their business with the same result; and

(b) If so, to authorise the Head of Legal Services to amend the wording of the zoning condition to take account of Counsels opinion.

RESOLVED; that

(1) the Council’s zoning policy as described in the joint report of the Head of Legal Services and Head of Environmental Services be reaffirmed; and

(2) The Head of Legal Services be authorised to amend the wording of the zoning policy condition attached to operator’s licences and this be submitted to a future meeting of the Committee for approval and adoption.

THIS ALL TOOK PLACE ON THE 3 MAY 2001!!!!

So Why are Private Hire companies,still ‘Zoning’ when they clearly  should be returning, on completion of a fare, to their Operators base or bases? The Bases which they should have  written permission to use and planning permission. They should be off the Public Highway on private land when not booked as per their operators Licence Conditions! 

Comments on this article are welcome!

http://www.toomanytaxis.com/2008/06/17/north-tyneside-private-hire-zoning-policy/