Pendle taxi drivers may be get flexibility over 12-month ban on re-applying for a licence

Pendle taxi arrangements are being reviewed including whether drivers should be strictly prevented from re-applying for a licence within  a 12-month period, if their application is refused or their licence revoked.

Taxi safety checks and the standards of individual drivers and larger taxi companies have all been the focus of debate at Pendle Council.

Spot-checks on some taxis in the past year or so revealed  ‘unacceptably high failure rates’.  Proposals for change have included drivers being required to use a mobile phone app for regular vehicle checks, maintenance training, penalty points and licence reviews for drivers who breach the rules, and extra facilities to check vehicles.

Licensing enforcement and the tone of relationships between elected councillors and the taxi trade have also been debated.

Some councillors, such as Kieran McGladdery and Neil Butterworth, say a tough, no-nonsense approach is needed for public safety and change by the trade. But others, such as Faraz Ahmed, have called for a ‘less aggressive’, more co-operative style.

A new taxi committee chairman, Brian Newman, was appointed recently following the May local elections.

And at the last full council meeting, councillors Faraz Ahmed, a former committee chairman, and Sajjad Ahmed called for the removal of one part of the current taxi licensing policy, called policy 5.4. It currently prevents a taxi licence application being submitted within 12 months of a refusal.

Pendle councillors referred the removal request to the taxi licensing committee and the executive. Their recommendations will then go back to all councillors.

A new taxi committee report outlines the current licensing system and includes potential action points or changes. It says there is no evidence to support a total removal of the 12-month rule. But some level of discretion might be introduced.

It says the reason given by councillors for removal was that Pendle Council officers may not always make the correct decision. But it sets out different scenarios and roles of officers and elected councillors.

It adds: “Our convictions guidelines policy was adopted in  2022 and is the recommended policy by the Department for Transport. This is the policy we refer to when making decisions and we require good reason to depart from these when making decisions on applications.

“Of the decision made and of the 11 challenged in court over the last two years, the courts upheld all but three council decisions. The robustness of the decision-making process is demonstrated by the courts.”

But it adds: “However, it is recommended that the policy wording is amended to state that further applications will ‘not normally’ be granted until 12 months has elapsed from the original refusal or revocation. This will allow for an element of discretion rather than only a refusal.”

The policy was put in place for sound reasons, the report adds.  It is operating successfully and decisions made have been proved to be ‘sound and robust’. The decision-making scheme involves elected councillors through the taxi committee chairman being consulted on all proposed decisions.

The report adds: “The [total] removal of the 12-month limit will bring more pressure on the committee to re-look and reverse decisions that the council has already made. This will inevitably bring inconsistency in decision which, in turn, will promote more unnecessary and unjustified early re-submissions.

“There seems no empirical evidence that the current policy is not working and no justification for altering a process that is robust and works well. However, because the current ‘must wait’ 12 months phrase takes away an element of discretion, slightly altered wording is recommended.”

Pendle Council’s executive is set to look at the report at its next meeting.