The Council has decided to approve a new Hackney Carriage and Private Hire Licensing Policy, adopt new Byelaws, and delegate authority for minor amendments and corrections.

URL: https://northnorthants.moderngov.co.uk/ieDecisionDetails.aspx?ID=2041

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: That Council:   a)    Notes the Executive resolution to approve sections 5, 10 and 11- where it relates to the inspection of vehicles, section 12 – transfer of licences, and section 16 – fees, of the Policy in so far as these sections rest within the functions of the Executive.   b)    Approves the adoption of the draft Hackney Carriage and Private Hire Licensing Policy 2025-2028 as shown at Appendix A.   c)    Resolves, pursuant to Schedule 14, Part 2, Paragraph 25 of the Local Government Act 1972, that section 171(4) of the Public Health Act 1875 shall apply throughout the District of North Northamptonshire. Adopt the draft North Northamptonshire Council Byelaws for Hackney Carriage Vehicles (Taxis) (see Appendix E).   d)    Delegates authority to postpone the planned commencement date of the Byelaws of 1st September 2025, to the Executive Director of Place and Economy, if necessary, in consultation with the Executive Member for Regulatory Services. This would allow the new Byelaws to be implemented in tandem with the effective date of the updated Hackney Carriage and Private Hire Licensing Policy 2025-2028, and implementation of the new North Northamptonshire Hackney carriage Zone.   e)    Delegates authority to make any minor amendments and corrections to the existing Policy and its appendices, to the Executive Director of Place and Economy in consultation with the Director of Law & Governance (Monitoring Officer), to allow the operation of the existing Policy prior to the implementation of the 2025-2028 Policy.   f)      Delegates authority to make any minor amendments and corrections to the 2025-2028 Policy and its appendices, to the Executive Director of Place and Economy in consultation with the Director of Law & Governance (Monitoring Officer).   Reasons for Decisions   a)    The policy provided information and clarity to the licensed trade and prospective applicants about how the Council will administer the hackney carriage and private hire driver, vehicle and private hire operator licensing regimes. The Policy also explained how the Council will deliver on its primary and overriding responsibility to protect the public, so that they may travel in safe, well-maintained vehicles, driven by competent drivers.   b)    The policy included several material differences to the extant Policy, which took effect on 1st April 2023, to ensure it reflects the decision of the Council’s Executive of 11th July 2024 to transition to a single hackney carriage zone. Additionally, the proposed changes ensure its cognisance of updated guidance issued by the Department for Transport and the Institute of Licensing, as well as operational experience and feedback from the licensed trade.   c)    Final approval of the updated Hackney Carriage Byelaws is still pending with the Department for Transport. The updated Policy refers to the transition to a single hackney carriage zone and an associated set of new Byelaws; therefore, the implementation of both the Policy and the new Byelaws must be harmonised.   d)    Approval of the new Byelaws will enable Hackney Carriage provisions to be enforced across the new NNC Zone. The updated Policy referred to the transition to a single hackney carriage zone and an associated set of new Byelaws; therefore, the implementation of both the Policy and the new Byelaws must be harmonised.   Alternative Options Considered   a)    Council could have decided not to update the extant Policy in relation to the sections within their functions to resolve. The consequence of which would be that the Policy would not reflect the decision to transition to a single hackney carriage zone. The Policy will also not reflect updated government guidance and learned operational experience. This could leave the Council open to legal challenge in relation to any decisions made under hackney carriage and private hire licensing legislation.   b)    Council could have decided not to pass the resolution to remove the existing hackney carriage zones of Corby, East Northants, Kettering and Wellingborough. The consequence of this would not reflect the decision of 11 July 2024 by the Executive to transition to a single hackney carriage zone and would prevent the final approval of the Byelaws by the Department for Transport   c)    Council could have decided not to approve the Byelaws, however, if the Byelaws were not updated, this would reduce the Council’s ability to regulate hackney carriage activities and limits Officers enforcement ability across the new NNC zone, since the Byelaws govern Hackney Carriage activity within the new NNC zone boundary.   d)    Council could have determined not to delegate authority to postpone the planned commencement date of the Byelaws, if necessary, due to delays in obtaining DfT approval of the new Byelaws. It is necessary however, to obtain DfT approval of new byelaws before implementation and commencing the Byelaws before DfT approval is received, would invalidate them and prevent enforcement by Officers for any contraventions.  

Date of Decision: June 26, 2025