Taxi Liaison Group - 21/01/2016
At a MEETING of the TAXI LIAISON GROUP held at Dundee on 21st January, 2016.
Present:-
DUNDEE CITY COUNCIL OFFICER REPRESENTATIVES
Stuart GALLOWAY, Principal General Services Officer, Corporate Services Department (Chair)
Brian WOODCOCK, Senior Solicitor, Licensing, Corporate Services Department
Fraser CRICHTON, City Development Department
Debbie CURRAN, City Development Department
Craig SOMERS, Environmental Department
John BERRY, City Development Department
TAXI TRADE REPRESENTATIVES
Steve CASHLEY, Dundee 505050 Ltd
Erik THORESEN, Dundee Hackney Association
David YOUNG, Dundee Private Hire (203020) Ltd
George HARRIS, Tay Taxis 450450
Graeme STEPHEN, Dundee Taxi Association
Willie LEES, GMB Union
Chris ELDER, Unite the Union
POLICE SCOTLAND (TAYSIDE DIVISION) REPRESENTATIVES
Cammy FORBES (Constable)
ALSO IN ATTENDANCE
Councillor David BOWES
Councillor Tom FERGUSON
Margaret WINTON, NHS Tayside
Stuart GALLOWAY, in the Chair.
Apologies for absence were submitted on behalf of George Scullion, Dundee Taxis Ltd.
l MINUTE OF PREVIOUS MEETING
The minute of meeting of the Taxi Liaison Group held on 2nd October, 2015 was submitted and noted for information and record purposes.
II DUNDEE CITY COUNCIL
Items on agenda at request of Dundee City Council:-
(a) G CASINO/TAXI MARSHALS
Stuart Galloway reported on the operation of Taxi Marshals at the G Casino.
The Group agreed:-
(i) to note the area at the G Casino which was enforceable by the Taxi Marshals;
(ii) to note that to date around 100 taxi operators had been written to in relation to violations at the G Casino witnessed by the Taxi Marshals through not observing clearway signage in the interests of travelling public and pedestrians within that area and other violations and that to date 80 taxi operators had replied and that although there were taxi operators who had not replied it may be construed that they were being obstructive to enquires and as such would potentially be reported to, and subject to hearings, at the Licensing Committee as to their fitness to be the holders of a Taxi Operators Licence;
(iii) to note that taxi operators were given seven days to advise Stuart Galloway who their driver was on those occasions where a violation had been witnessed;
(iii) to note that should any taxi drivers or private hire drivers have any complaints in relation to Taxi Marshals they should e-mail or write to Stuart Galloway, Principal General Services Officer, Dundee City Council;
(iv) to note that the operation of Taxi Marshals at the G Casino was a pilot scheme and scheduled to end at the end of May, 2017;
(v) to note that Taxi Marshals were employed by SGL Security who also operated the security at the G Casino;
(vi) to note that Stuart Galloway held regular meetings with SGL Security to discuss progress of the pilot scheme;
(vii) to note that it was only the clearway area at the G Casino which was being enforced by the Taxi Marshals separate to any other enforcement which may be undertaken by Police Scotland; and
(viii) that a further report on the operation of the Taxi Marshals Pilot Scheme would be made to the next meeting of the Taxi Liaison Group.
(b) DEMAND SURVEY - VERBAL UPDATE
Stuart Galloway reported on the Demand Survey.
The Group agreed:-
(i) to note that the Demand Survey was in its final stages and that the company contracted to undertake the survey had written out to the trade seeking passenger details as part of the survey;
(ii) to note that the company employed to undertake the survey were expected to submit a report to Dundee City Council by the end of January, 2016 on their findings; and
(iii) to note that a final report on the Demand Survey was intended to be submitted to the meeting of the Licensing Committee to be held on 3rd March, 2016.
(c) TAXI DRIVER TRAINING - VERBAL UPDATE
Stuart Galloway gave an update on Taxi Driver training.
The Group agreed:-
(i) to note that taxi driver training was ongoing and that any driver who had not undertaken and completed their approved taxi driver training course by 31st May, 2017, at which time applications for renewal of licence were due, would find their application not being accepted;
(ii) to note that the Licensing Committee took taxi driver training very seriously in the interest of providing a better service for the travelling public and for promoting the taxi trade within Dundee in a positive light in relation to the new developments such as the Waterfront and attractions such as the V&A; and
(iii) to note that the requirement for applicants for renewal of taxi driver licences to submit original certification in relation to their completion of an approved taxi driver training course as part of their application for renewal may mean that the online renewal system may not be in operation over that period of time; and that discussions were ongoing with the Scottish Qualifications Authority (SQA) as to other means of verification of completion of an approved taxi driver training course with a view to maintaining the online application facility.
(d) ELECTRIC VEHICLES - VERBAL UPDATE
Fraser Crichton reported on the progress of electric vehicles operation in Dundee.
The Group agreed:-
(i) to note that Fraser Crichton was unable to give confirmation on the outcome of the bid submitted by Dundee City Council at this time and that an announcement was expected to be made within the next week;
(ii) to note that the final taxi bid was to be submitted on 27th February, 2016;
(iii) to note that the taxi bid survey was accessible at the Marchbanks depot by drivers attending that facility;
(i) to note that the body of both bids focussed on infrastructure for electric charging facilities;
(ii) to note that there was no change in the amount of money which was expected to be available by the government for successful bidders; and
(iii) to note the experiences of 203020 Electric in the provision and putting on service of electric vehicles which had evidence of minimum servicing and cost effectiveness providing a viable option for trade members and that as such the company were examining the feasibility of putting a wheelchair accessible electric vehicle on service and that currently the difference of cost between a fully fitted electric vehicle and a Peugeot Premier for example was at this moment in time 10,000 which may initially put off any potential taxi operator however this was balanced out by their cost effectiveness and low maintenance and minimum servicing and potential grant funding being available.
(e) NETHERGATE RANK - COMPLAINT PROCEDURE (INDISCRIMINATE PARKING)
Stuart Galloway reported on Nethergate Rank and complaint procedure.
The Group agreed:-
(i) to note that the complaint procedure in relation to indiscriminate parking by taxi drivers within the vicinity of the Nethergate Rank and in particular the bus bay outside the Bingo Hall would comprise a six month cycle within which any warning would stay on the offenders record for a period of six months and should a second complaint be received during that period of time, that matter would be referred to the Licensing Committee, to determine the fitness of the driver to be the holder of a Taxi Drivers Licence; and
(ii) to note that, should a second violation not be observed within the six month period then the cycle would commence again and the taxi driver would commence that cycle with a clean record.
(f) GUIDE DOGS - PROPOSED TACTILE MEDICAL CERTIFICATE
Stuart Galloway reported on the transportation of guide dogs within vehicles operated as taxis or private hire vehicles and the proposed tactile medical certificate which was tabled for the consideration of the Group.
The Group agreed:-
(i) to support the style and content of the medical certificate which was tabled and would be visible and displayed by any particular taxi driver or private hire driver who had a medical allergy which affected contact with, or transportation of, a dog within their vehicle;
(ii) to note the background to this particular issue coming to the Group and the written complaint which had been received from a blind passenger who had been refused transport within a vehicle by a licensed operator with a guide dog on the basis of that operator advising them they had a medical condition and a medical certificate which prohibited them from taking their fare which, in the end, it transpired that person did not have; and
(iii) to note anecdotal evidence provided by a member of the Group who had happened to have a blind passenger in their vehicle who had offered them payment at the end of their journey to allow for their car to be hoovered to take account of any hair which may have been shed by their guide dog and that this was a charge which appeared to have been demanded on previous occasions by other taxi drivers amounting to 1 on each occasion and to note that this was not a legal charge and was against fare scales and should any passenger with a guide dog find themselves in a position whereby the driver charged an additional fare in this manner they should report it to the Licensing Office for investigation.
(g) DISPLAY OF NOTICE RE HOW TO COMPLAIN
Stuart Galloway reported on the potential display of a notice advising travelling public how they may complain to the City Council in relation to service provided to them by the licensed driver.
The Group agreed:-
(i) to note the content of the complaint pro forma as tabled;
(ii) to note that this guidance may be incorporated within the fare scales notification or notification of who was driving the taxi/private hire car;
(iii) to note that the cost of the production of these pro forma notices was 100 for 1,000 printed;
(iv) to note that consideration was being given to the programming for the installation of this information within vehicles operated as taxis or private hire vehicles; and
(v) to note that John Berry of the City Development Department would take steps to ensure that information provided on the notice board at the rank at City Churches matched up with the content of the complaint pro forma tabled for introduction.
(h) TAY STREET RANK
Stuart Galloway reported on the above.
The Group noted that the City Development Department would be remitted to look at the feasibility of the operation of the current position of the rank at the bottom of Tay Street which it had been observed by businesses within the vicinity was infrequently used or not used and whether or not as a result this area may be returned to metered parking for the public since parking in the South Tay Street area was considered by businesses to be at a premium during the day and in the interests of the general public and the patrons of local businesses and report back to the Group on their findings.
(i) NHS TAYSIDE - SMOKING POLICY - SMOKE FREE GROUNDS
Margaret Winton, NHS Tayside, gave a verbal report on Smoking Policy operated within the grounds of NHS Tayside Hospitals, with particular reference to Ninewells Hospital. It was reported that with the nature of the operation of hospitals towards encouraging positive health care of patients who were admitted or being discharged that it was important to maintain their health and wellbeing as much as possible and to protect the propriety of the health care establishment. As such, the signage was on full display, indicating that the hospitals operated smoke free grounds policy in this respect. A new Health Bill would come into place during 2016 which would further underline this policy which would then mean that the smoke free grounds policy would be enforceable by law and that anyone observed not adhering to this policy may be subject to a fixed penalty notice. It was highlighted that hospital locations were facilitated by taxi ranks to allow for passengers to and from the hospital and assistance of drivers in observing the non-smoking policy over the duration of their period of work at the hospital would be welcomed in the interests of health and safety not only of the drivers but of the general public and, in particular, those people who may have health conditions which required medical support necessitating the need for their attendance at hospital. It was highlighted that NHS Tayside would be willing to speak with taxi drivers towards encouraging them to be smoke free whether that be through working towards stopping smoking or perhaps using the alternatives to cigarettes such as nicotine chewing gum when they happened to be at locations such as hospital ranks. It was further highlighted that 40% of people in deprived areas in Dundee were known to be smokers compared to 8% in more affluent areas in Dundee.
The Group agreed:-
(i) to note the content of the verbal presentation by Margaret Winton of NHS Tayside;
(ii) to note that emissions from vehicles at NHS establishments would fall within the general remit of Estates Manager for NHS Tayside and that should any member wish to discuss that further then they should make contact direct with NHS Tayside.
III POLICE SCOTLAND (TAYSIDE DIVISION)
Item on agenda at request of Police Scotland (Tayside Division):-
(a) IN RESPONSE TO A COMPLAINT ABOUT TAXI DRIVERS STANDING ON THE ROAD CHATTING IN PARTICULAR AT THE NETHERGATE AND RAILWAY STATION RANKS. IT IS JUST TO HIGHLIGHT TO THE TRADE REPS TO REMIND THEM AND ENCOURAGE DRIVERS TO STAND ON THE PAVEMENT IF THEY WANT TO SOCIALISE
Constable Cammy Forbes reported on the above.
The Group agreed to note the encouragement being provided by Police Scotland (Tayside Division) to remind their members and fellow drivers that in the interests of safety for both themselves and for other travelling public and for ease of safe vehicular access and movement in particular at the Nethergate and Railway Station ranks that they should refrain from standing in the road and use the pavement instead.
IV DUNDEE 505050 LIMITED
Item on agenda at request of Dundee 505050 Limited:-.
(a) UBER - CONCERN ABOUT THE EFFECT THAT UBER WOULD HAVE ON THE TAXI TRADE IN DUNDEE AND THE EFFECT ON CITIZENS WITH A VIEW TO ENSURING THERE WERE NO UNLICENSED PREMISES, DRIVERS OR VEHICLES BEING OPERATED
Steve Cashley reported on the above.
The Group agreed:-
(i) to note the view of Steve Cashley that a further survey be undertaken within Dundee with a view to capping the number of private hire vehicles within the city;
(ii) to note the legislative background to the operation of private hire vehicles in terms of licensing and that legislation had still to be put in place which would allow licensing authorities to establish a maximum number of private hire vehicles which may be operated within their city; and
(iii) to note the view of Dave Young of 203020 that effective and efficient service provided by taxi drivers within Dundee could limit possibility of any potential competitor finding a foothold within the city and reducing the business of any taxi operator as a result and that it was for licence holders within Dundee to raise their standards as a preventative measure to deter other service providers such as UBER.
V DUNDEE TAXI ASSOCIATION
Items on agenda at request of Dundee Taxi Association:-
(a) CAN WE HAVE AN UPDATE ON TAXI RANK AT RAILWAY STATION. IF BEING MOVED WHEN?
Graeme Stephen reported on the above.
The Group agreed to note that John Berry of the City Development Department had spoken with Gerry Conway, City Development Department on this matter and the rank would be moved early March and that the position of the first taxi on rank would now be at the entrance to the Railway Station rather than the end of the rank being at the entrance of the Railway Station.
(b) IS IT POSSIBLE TO HAVE A SMALL BOX JUNCTION AT HILLTOWN RANK OR KEEP CLEAR?
Graeme Stephen reported on the above.
The Group agreed to note that John Berry, City Development Department would examine this matter in consultation with the Road Traffic Team of the City Development Department following the representation of Graeme Stephen advising that it had proven difficult for taxi drivers to exit from this rank and enter the flow of traffic.
(c) NOW IT'S BEEN AGREED BUS STOP ON CAIRD AVENUE IS NO LONGER REQUIRED COULD WE HAVE THE RANK PAINTED FURTHER BACK?
Graeme Stephen reported on the above.
The Group agreed to note that John Berry of the City Development Department was progressing this matter.
(d) AS AGREED A FEW MEETINGS AGO THAT METER TESTING IS NOT DONE ON SECOND AND THIRD TESTS CAN WE PLEASE SEE A SMALL REDUCTION IN TEST FEE?
Graeme Stephen reported on the above.
The Group agreed to note that as advised by Fraser Crichton there would be no rebate provided and that a report on the actual costings in relation to testing of licenced vehicles would be provided at the next meeting of the Taxi Liaison Group by Fraser Crichton.
(e) ANY UPDATE ON CCTV?
Graeme Stephen reported on the above.
The Group agreed:-
(i) to note that as advised by Stuart Galloway, there was no further update to be made and the Corporate Procurement Section response was awaited; and
(ii) to note that following investigation it was considered that the use of the CCTV system as previously reported within the Fife area did not appear to meet the specifications of any potential CCTV system required for operation within Dundee.
(f) CAN WE HAVE A LOOK AT TIME DRIVERS ARE WAITING AT TESTING STATION. SOME DRIVERS SAYING WAITING 1? TO 2? EVEN 3 HOURS?
Graeme Stephen reported on the above.
The Group agreed:-
(i) to note that there was no record of complaints received at the service station on time delays;
(ii) that should anyone have any complaint on time delays they should submit them to Fraser Crichton; and
(iii) that if any time delay had been observed this was more likely due to operators attending for service later than their appointment which had a knock on effect on the timeous testing of vehicles thereafter.
(g) CAN WE PLEASE HAVE AN INDICATION ON WHAT THE COUNCIL'S POLICY IS TO BE ON COMPANY LICENCES AND AN IDEA OF TIMESCALE FOR INTRODUCING IT?
Stuart Galloway reported on the policy and company licences.
The Group agreed:-
(i) to note that the introduction of a policy on company licences may be recommended to a future meeting of the Licensing Committee for consideration on condition that this involved putting in service an electric vehicle in accordance with any specifications and requirements of the Committee in this regard, accompanied by the surrender of any existing licence;
(ii) to note that a report on the introduction of company licences in this respect would hopefully be submitted to the meeting of the Licensing Committee on 3rd March, 2016;
(iii) to note what was meant in law by the term day to day manager and how this affected company licences; and
(iv) to note that on those instances where a day to day manager had been appointed other than the licence holder this was submitted to a meeting of the Licensing Committee for determination and in general it normally involved deteriorating health issues of the licence holder and that this required a variation to the licence application to allow for the putting in place of a day to day manager.
VI GMB
Items on the agenda at the request of GMB:-
(a) WHITE PLATES
(i) White plates should be capped as soon as possible.
The Group agreed to note that this item had been covered under Item IV(a) of this minute.
(ii) The working practice of some private hire are against the terms and conditions of their licence, and a lot of the time are breaking the law.
Willie Lees reported on the above.
The Group agreed:-
(i) to note that there was no requirement for private hire vehicles (white plates) to return to base after completion of each and every journey allocated to them; and
(ii) to note that if anyone observed a private hire vehicle breaching the terms of its licence, this should be reported straightaway to Police Scotland or the Licensing Office.
(b) MARSHALS
(i) What is their job description, ie helping fares, taxis or both?
(ii) They should be trained in SVQ so they know the terms and conditions of taxi laws.
Willie Lees reported on (i) and (ii) above.
The Group agreed to note that these matters had been covered at Article II(a) of the minute of this meeting.
(c) SVQ NO AMNESTY - MUST BE DONE BY BADGE RENEWAL
Willie Lees reported on the above.
The Group agreed to note that this matter had been covered at Article II(c) of the minute of this meeting.
(d) UNFAIRNESS OF COST AND RUNNING COST OF WAV TAXI AGAINST SALOON MINI CAB
Willie Lees reported on the above.
The Group agreed:-
(i) to note that there was a list of vehicles which had been approved by the Licensing Committee for use as wheelchair accessible vehicles and that no list existed for saloon vehicles which may be put in service other than being subject to being tested at the vehicle testing section as to their suitability for placing in service and whether or not they met the specifications for operation as a taxi; and
(ii) to note that the Licensing Committee had previously determined the 60/40 makeup of the vehicle fleet within Dundee to be operated as taxis following consideration of a report to the Committee on the outcome of a survey and that this issue would not be re-opened.
VII UNITE THE UNION
Items on agenda at request of Unite the Union:-
(a) DRIVERS COMPLAINTS FROM MEMBERS OF THE PUBLIC
Unite Union taxi branch have discussed issues regarding the public making complaints against a taxi driver we feel that the complaints procedure is inadequate as it currently stands the complaint should go to the cabs office to be investigated properly then if there is enough evidence that a misdemeanour has occurred then the Council should be notified and it should be up to the cab officers to decide if the complaint is valid. This would cut down on drivers and reps and councillors wasting their time and also costs, ie if someone has a personal grudge against a driver all they have to do is make a false accusation to the Council and that driver could lose his livelihood.
Chris Elder reported on the above.
The Group agreed:-
(i) to note that complaints were to be submitted through Police Scotland (Tayside Division) (Cabs Enforcement Unit); and
(ii) to note the observations of the Police that following investigation there were many complaints that were not submitted to the Licensing Committee.
(b) PRIVATE HIRE STICKER
We have private hire sticker on both front doors private hire pre booked only could you add not insured for public hire this would help the public identify the difference between hackney and private hire.
Chris Elder reported on the above.
The Group agreed to note that Stuart Galloway would look at the design of stickers following complaint that it was claimed that there were a number of private hire vehicle operators who did not have their stickers on display advising that their vehicle may be pre-booked only and not hailed in the street in the same manner that a taxi may be.
(c) TRADES LANE TAXI RANK PROPOSE TO EXTEND AS FAR BACK AS WHERE IT MEETS THE ONE WAY AS THEIR IS ONLY DOUBLE YELLOW LINES BEHIND THE EXISTING BUS STATION RANK
Chris Elder reported on the above.
The Group noted that the City Development Department would be remitted to look at the feasibility of this proposal and report back to the Group on their findings.
(d) WHEN IS THE COUNCIL INTENDING TO MAINTAIN THE IMPLEMENTATION OF THE 60/40 SPLIT AS QUITE A LOT OF SALOON LICENCES HAVE BEEN RETURNED?
The Group agreed to note that this matter had been covered at Article VI(d) of the minute of this meeting.
(e) WHEN WILL THE CUT OFF BE FOR NEW DRIVERS RECEIVING A LICENCE WITHOUT THEIR SVQ OR EQUIVALENT CERTIFICATE?
Chris Elder reported on the above.
The Group agreed to note this matter had been covered at Article II(c) of the minute of this meeting and that further to that Stuart Galloway would check whether or not the Council had Scottish Qualification Authority approved centres which may be used by the trade for taxi driver training courses.
(f) NO MORE PRIVATE HIRE LICENCES TO BE ISSUED AND ANY APPLIED FOR SHOULD BE DEFERRED UNTIL THEY CAN PROVE MORE IS REQUIRED
Chris Elder reported on the above.
The Group agreed to note that this matter had been covered at Article IV(a) of the minute of this meeting.
(g) ANY DRIVER PULLED UP FOR A MISDEMEANOUR AFTER BEING HEARD SHOULD BE A TIME LIMIT, IE SIX MONTHS
The Group agreed to note that this matter had been covered at Article II(e) of the minute of this meeting.
VIII DATE OF NEXT MEETING
The Group noted that the next meeting of the Group would be established in due course.
Stuart GALLOWAY, Chair.