Executive Member for Community Protection21 December 2010

INDIVIDUAL EXECUTIVE DECISION MAKING MEETING

EXECUTIVE MEMBER FOR COMMUNITY PROTECTION (COUNCILLOR JULIA ROSTRON)

RECORD OF DECISION

An Individual Executive Decision-Making meeting was held on 21 December 2010.

PRESENT:

Brian Hubbard, John McPartland, Joan McTigue, Peter Purvis, Julia Rostron and Bernie Taylor

Members of Hackney Carriage Association and Middlesbrough Boro Cars Ltd representatives.

**OFFICIALS:

Andrew Humble, Judith Hedgley and Susie Joscelyne

DEVELOPMENT OF HACKNEY CARRIAGE RANKS

The Director of Environment and Adult Social Care submitted a report to consider the results of the informal consultation following requests for hackney carriage ranks at various locations.

The report stated that there were 348 hackney carriages and 446 private hire vehicles and 1050 drivers licensed by Middlesbrough Council (December, 2010).

Under the Local Government (Miscellaneous Provisions) Act 1976 the local authority may appoint ranks for hackney carriages on the public highway, or any private land with the consent of the land owner. It can also specify the number of hackney carriages permitted at the rank. As towns and cities develop the need for hackney carriage ranks varies requiring review of ranks in line with changing business and customer demands.

Before appointing any hackney carriage rank, or varying the number of spaces on ranks, the Local Authority must give notice to the Police and give public notice by way of an advertisement in at least one local newspaper. The Local Authority must take into consideration any objections or representations in respect of the proposal, which must be made within 28 days of the publication of the notice.

A council may not appoint any hackney carriage stand which would:

  • Unreasonably prevent access to any premises, or
  • Impede the use of any points (bus stops) for the taking up or setting down of passengers, or
  • Interfere unreasonably with access to any station or depot to any passenger road transport operator.

Once a length of highway is designated as a hackney carriage rank, it is an offence for other vehicles, including private hire vehicles and private cars to park on the rank without reasonable excuse. The designation must therefore be cognisant of the effect that this has on other road users.

The report stated that there was a Byelaw in place under the Section 68 of the Town Police Clauses Act 1847 which required Hackney Carriages when not hired to proceed to a hackney carriage rank. This Byelaw became effective in 1969 when there were fewer hackney carriage vehicles and less demand for ranks. There were currently 348 Hackney Carriages and there are spaces for some 150 vehicles. It was not feasible to provide a rank space for every hackney carriage vehicle and in all the locations where customer demand requires. In view of this, a pragmatic and proportionate approach is taken to the enforcement of this Byelaw. No action is usually taken over Hackneys not returning to ranks unless they are causing an obstruction or public safety problem. Overcrowding of existing, popular ranks occurs at peak times and may last several hours and again, enforcement action is taken where public safety and obstruction issues arise, and when officers are undertaking out of hours enforcement. It is accepted that when officers are not working out of hours, this overcrowding of the ranks continues.

This situation is not unique to Middlesbrough. Local authorities nationally do not provide rank spaces for all their hackney carriage fleet and similar issues arise. Many do not carry out the same level of enforcement activity as Middlesbrough.

The report outlined that a number of requests have been received for ranks to be appointed at various locations in Middlesbrough. Upon receipt of these requests, a period of informal consultation has been undertaken with a number of interested parties to assess the requirement for the rank and whether there are any pubic safety issues to be considered. informal consultation was carried out to ensure that only those ranks which are considered to be feasible, from a public safety perspective, and necessary, on the grounds that they are used by the public and the trade, are progressed to the formal public notice consultation stage.

There was also an ongoing review of the town centre ranking arrangements which were being addressed by recommendations in an independent report commissioned by the Council to undertake this work. These will be progressed in due course, as a package independent of the rank reviews proposed in this report.

Ranks have been requested by the H.C. Association in the following locations:

  • Near to the North Ormesby Working Men’s Club
  • Near to the Majestic Bingo Club, Longlands Road
  • Near to the Cargo Fleet Club, Cargo Fleet Lane
  • Near to the Fountain/Ormesby Club and Institute, High Street, Ormesby
  • Near to the Park Hotel, Linthorpe Road
  • Near to the Inn off The Park/Central Park, Linthorpe Road.
  • Near to Middlesbrough No 1 Amalgamated Club (Four Halls) Prescott Road, Priestfields.

These ranks have been requested by the Hackney Carriage Association which represents approximately 130 drivers and vehicle proprietors. For a number of years, informal short term ranks have operated in all of these locations at times of peak demand which is generally determined by the businesses operating in these locations. Recent complaints from one private hire operator that Hackneys should be prevented from parking except on an official rank has led to these requests.

The report also proposed a rank for Middlesbrough Leisure Park and the relocation of the rank on Ormesby Road to the southbound side of the road.

The report also outlined that ranks had been requested at the lay by at Crossfell Road and also near to the Majestic Bingo Club, Longlands Road. There had been concerns raised about the locations of these ranks due to safety reasons and obstruction.

The appendices to the report summarised the responses from the informal consultation which had been carried out on these rank proposals.

During the meeting representatives from Middlesbrough Boro Cars Ltd and the Hackney Carriage Association made representation and comments on the report.

After considering the report and comments within the meeting Councillor Rostron made the following recommendations.

ORDERED

  1. That the Executive Member approve the publication of statutory notices for hackney carriage ranks at the following locations on the condition that provision be made, where possible, for private hire vehicles to drop off and pick up in these locations.
  1. Near to the North Ormesby Working Men’s Club.
  2. Near to the Cargo Fleet Club, Cargo Fleet Lane.
  3. Near to the Fountain/Ormesby Club and Institute, High Street, Ormesby.
  4. Near to the Park Hotel, Linthorpe Road.
  5. Near to the Inn off The Park/Central Park, Linthorpe Road.
  6. Near to Middlesbrough No 1 Amalgamated Club (Four Halls) Prescott Road, Priestfields.
  7. At Middlesbrough Leisure Park, close to the underpass near France Street car park.
  8. Relocation of rank from Ormesby Road outside Kwiksave to the southbound side of the road, outside Pallister Park car park.
  1. That no further action will be taken in respect of rank near to the Majestic Bingo Club, Longlands Road

REASON

The decision was supported by the following reason:

  1. Under the Local Government (Miscellaneous Provisions) Act 1976 the local authority may appoint ranks for hackney carriages on the public highway, or any private land with the consent of the land owner. It can also specify the number of hackney carriages permitted at the stand. Consultation responses have been considered and ranks are proposed to be progressed in the locations which are supported by the hackney carriage trade and/or the public, and there are no road safety or public safety concerns.

During the meeting the Chair outlined that she wished to reflect on the rank at Crossfell Road, and therefore adjourned the meeting to consider the decision of this item.

The meeting would therefore resume on Tuesday 11 January 2011 at 11am, Mandela Room, Town Hall.

The decision will come into force after five working days following the day the decision was taken unless the decision becomes subject to the call-in procedure.

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