Implementation of S167 lists of taxis - Previously A

The request was successful.

Dear Havant Borough Council,

I am writing this Freedom of Information Request in relation to your Council's compliance or otherwise with the Government's statutory guidance on implementation of S165-167 of the Equality Act, relating to taxi services for wheelchair users. All taxi licensing bodies are obliged under S167(6) to have "due regard" to the document "Access for wheelchair users to taxis and private hire vehicles: statutory guidance" at https://www.gov.uk/government/uploads/sy... . The questions I raise below should be interpreted as requests for recorded information under the Freedom of Information Act.

I have previously made two similar requests to you, one in April 2017 and one in November 2017. I am now requesting an update to assess the impact of implementing this legislation, 12 months after it was commenced. Please note: this request is not identical to my previous requests and in any case asks for updated information as of the time of sending the request. It is therefore not appropriate to respond simply "see previous answer" or "situation unchanged".

In response to my previous FOI request on similar matters in November 2017, you indicated that you had implemented a S167 list.

1) The Government guidance states: "Whilst LAs are under no specific legal obligation to maintain a list under section 167, the Government recommends strongly that they do so. Without such a list the requirements of section 165 of the Act do not apply, and drivers may continue to refuse the carriage of wheelchair users, fail to provide them with assistance, or to charge them extra."
Please can you indicate whether you still have a list of wheelchair accessible taxis under your powers set out in Section 167 of the Equality Act 2010, and/or a list of wheelchair accessible private hire vehicles?

2) If so, please provide information in response to the following questions 2a) to 2i):
2a) The statutory guidance states "The Government therefore recommends that a vehicle should only be included in the authority’s (S167) list if it would be possible for the user of a “reference wheelchair” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered wheelchair accessible for the purposes of the list?

2b) The statutory guidance states: "Before drivers can be subject to the duties under section 165 of the Act, the LA must first publish their list of designated vehicles, and clearly mark it as ‘designated for the purposes of section 165 of the Act’. LAs should ensure that their designated lists are made easily available to passengers, and that vehicle owners and drivers are made aware. Lists should set out the details of the make and model of the vehicle, together with specifying whether the vehicle is a taxi or private hire vehicle, and stating the name of operator."
Have you published your list? Is it marked "designated for the purposes of Section 165 of the Act"? Is the make and model of each vehicle listed? Is each vehicle identified as a taxi or a private hire vehicle? Is the name of the operator of each vehicle given in the list? Have you made owners and drivers of vehicles on the list aware that their vehicle has been listed?

2c) The guidance states: "it would also be helpful to include information about the size and weight of wheelchair that can be accommodated, and whether wheelchairs that are larger than a “reference wheelchair” can be accommodated."
Does your list include information on each vehicle as to the size and weight of wheelchair that can be accommodated, and whether wheelchairs larger than a "reference wheelchair" can be accommodated?

2d) The guidance states: "We encourage LAs to provide drivers of taxis and PHVs who are not exempt from the duties with clear guidance on their duties with respect to the carriage of passengers in wheelchairs, either as part of existing driver-facing guidance, or as supplementary communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?

2e) The guidance states: "We recommend that licensing authority rules for drivers are updated to make clear when a meter can and cannot be left running".
Have you updated such rules to make this clear?

2f) The guidance states: "Section 172 of the Act enables vehicle owners to appeal against the decision of a LA to include their vehicles on the designated list. That appeal should be made to the Magistrate’s Court, or in Scotland the sheriff, and must be made within 28 days of the vehicle in question being included on the LA’s published list."
Please tell me how many such applications have been made to the Magistrates Court, and how many have been successful.

2g) How many drivers has the authority prosecuted for discriminatory behaviour contrary to S165 of the Act? How many such prosecutions were successful? What were the sentences?

2h) How many drivers licensed by yourselves have been prosecuted by other people or bodies for failure to comply with S165 of the Act? How many such prosecutions were successful? What were the sentences?

2i) Where drivers have been prosecuted under S165 of the Act, thus affecting their standing as a "fit and proper person", what resultant disciplinary action have you taken in respect of their taxi or private hire vehicle drivers' licenses?

3) Since 2010 you have been obliged to process applications under Section 166 of the Equality Act for driver medical exemptions from the duty to transport and not discriminate against wheelchair users. The Guidance states; "the Act allows LAs to grant exemptions from the duties to individual drivers. These provisions are contained in section 166, and were commenced on 1st October 2010."

3a) How many exemptions have you granted under S166 of the Equality Act 2010?

3b) The guidance states: "We understand that some licensing authorities have already put in place procedures for accessing and exempting drivers, and as an absolute minimum, we think that the evidence provided should be in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process applications for driver exemption under S166?

3c) The guidance states: "The Government’s view is that decisions on exemptions will be fairer and more objective if medical assessments are undertaken by professionals who have been specifically trained and who are independent of the applicant. We would recommend that independent medical assessors are used where a long-term exemption is to be issued, and that LAs use assessors who hold appropriate professional qualifications and who are not open to bias because of a personal or commercial connection to the applicant"
Have you appointed independent medical assessors to determine applications for medical exemption under S166?

3d) Please provide a copy of your application form for driver exemption under S166.

3e) The guidance states: "Section 172 of the Act enables drivers to appeal against the decision of a LA not to issue an exemption certificate. That appeal should be made to the Magistrate’s Court, or a sheriff in Scotland, and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?

3f) How many appeals against refusal to issue S166 exemptions were successful?

4) The guidance states: "We would therefore recommend that LAs also publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchair into a seat within the vehicle. It should be made clear however that this list of vehicles has not been published for the purposes of section 165 of the Act and drivers of those vehicles are therefore not subject to the legal duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchairs into a seat within the vehicle?

Yours faithfully,

Doug Paulley

Customer Service Centre, Havant Borough Council

Dear Mr Paulley,

Thank you for your request for information about implementation of S167 lists of Taxis, which we received on Thursday 3rd May 2018. Your request is being dealt with under the terms of the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004.

As required by the legislation, we aim to answer your request within 20 working days from the date we received it. If for any reason we are unable to meet this deadline we will keep you fully informed of the reasons for this.

If you have any queries about this letter please do not hesitate to contact Customer Services on 023 9244 6019.
Yours Sincerely

Lucy Nancollis
Customer Services Officer
Havant Borough Council
Public Service Plaza
Civic Centre Road
Havant
Hampshire
PO9 2AX
Telephone: 023 92 446 019
Email: [Havant Borough Council request email]
Web: www.havant.gov.uk
Facebook: www.facebook.com/havantboroughcouncil
Twitter: www.twitter.com/havantborough
If you are requesting information under the Freedom of Information Act, Environmental Information Regulations or Data Protection Act then please re-direct your email to [Havant Borough Council request email]. Any statutory timeframe for a response for requests will not commence until the request is received by the Customer Services Team.
Information in this message is confidential and may be privileged. It is intended solely for the person to whom it is addressed. If you are not the intended recipient, please notify the sender and delete the message from your system immediately.

show quoted sections

HADC - Licensing Shared, Havant Borough Council

1 Attachment

Dear Mr Paulley,

 

In response to your freedom of information act request as below, please
find your request annotated with our responses in blue:

 

1) The Government guidance states: "Whilst LAs are under no specific legal
obligation to maintain a list under section 167, the Government recommends
strongly that they do so. Without such a list the requirements of section
165 of the Act do not apply, and drivers may continue to refuse the
carriage of wheelchair users, fail to provide them with assistance, or to
charge them extra."
Please can you indicate whether you still have a list of wheelchair
accessible taxis under your powers set out in Section 167 of the Equality
Act 2010, and/or a list of wheelchair accessible private hire vehicles?
Yes, it can be viewed at    
[1]https://www.havant.gov.uk/licensing-info...
A copy of the table is also attached.

2) If so, please provide information in response to the following
questions 2a) to 2i):
2a) The statutory guidance states "The Government therefore recommends
that a vehicle should only be included in the authority’s (S167) list if
it would be possible for the user of a “reference wheelchair” to enter,
leave and travel in the passenger compartment in safety and reasonable
comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered
wheelchair accessible for the purposes of the list?  Information not
available.

2b) The statutory guidance states: "Before drivers can be subject to the
duties under section 165 of the Act, the LA must first publish their list
of designated vehicles, and clearly mark it as ‘designated for the
purposes of section 165 of the Act’. LAs should ensure that their
designated lists are made easily available to passengers, and that vehicle
owners and drivers are made aware. Lists should set out the details of the
make and model of the vehicle, together with specifying whether the
vehicle is a taxi or private hire vehicle, and stating the name of
operator."
Have you published your list? Yes  Is it marked "designated for the
purposes of Section 165 of the Act"? No Is the make and model of each
vehicle listed?   Yes Is each vehicle identified as a taxi or a private
hire vehicle? Yes: veh= private hire and HC = hackney carriage  Is the
name of the operator of each vehicle given in the list? Yes Have you made
owners and drivers of vehicles on the list aware that their vehicle has
been listed?  Yes

2c) The guidance states: "it would also be helpful to include information
about the size and weight of wheelchair that can be accommodated, and
whether wheelchairs that are larger than a “reference wheelchair” can be
accommodated."
Does your list include information on each vehicle as to the size and
weight of wheelchair that can be accommodated, and whether wheelchairs
larger than a "reference wheelchair" can be accommodated?  No

2d) The guidance states: "We encourage LAs to provide drivers of taxis and
PHVs who are not exempt from the duties with clear guidance on their
duties with respect to the carriage of passengers in wheelchairs, either
as part of existing driver-facing guidance, or as supplementary
communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?
Information not available

2e) The guidance states: "We recommend that licensing authority rules for
drivers are updated to make clear when a meter can and cannot be left
running".
Have you updated such rules to make this clear? Information not available

2f) The guidance states: "Section 172 of the Act enables vehicle owners to
appeal against the decision of a LA to include their vehicles on the
designated list. That appeal should be made to the Magistrate’s Court, or
in Scotland the sheriff, and must be made within 28 days of the vehicle in
question being included on the LA’s published list."
Please tell me how many such applications have been made to the
Magistrates Court, and how many have been successful. Information not
available

2g) How many drivers has the authority prosecuted for discriminatory
behaviour contrary to S165 of the Act? None  How many such prosecutions
were successful?   N/A What were the sentences?  N/A

2h) How many drivers licensed by yourselves have been prosecuted by other
people or bodies for failure to comply with S165 of the Act? Information
not available  How many such prosecutions were successful?   Information
not available What were the sentences?  Information not available.

2i) Where drivers have been prosecuted under S165 of the Act, thus
affecting their standing as a "fit and proper person", what resultant
disciplinary action have you taken in respect of their taxi or private
hire vehicle drivers' licenses?  Information not available.

3) Since 2010 you have been obliged to process applications under Section
166 of the Equality Act for driver medical exemptions from the duty to
transport and not discriminate against wheelchair users. The Guidance
states; "the Act allows LAs to grant exemptions from the duties to
individual drivers. These provisions are contained in section 166, and
were commenced on 1st October 2010."

3a) How many exemptions have you granted under S166 of the Equality Act
2010?  None

3b) The guidance states: "We understand that some licensing authorities
have already put in place procedures for accessing and exempting drivers,
and as an absolute minimum, we think that the evidence provided should be
in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process
applications for driver exemption under S166?  Yes

3c) The guidance states: "The Government’s view is that decisions on
exemptions will be fairer and more objective if medical assessments are
undertaken by professionals who have been specifically trained and who are
independent of the applicant. We would recommend that independent medical
assessors are used where a long-term exemption is to be issued, and that
LAs use assessors who hold appropriate professional qualifications and who
are not open to bias because of a personal or commercial connection to the
applicant"
Have you appointed independent medical assessors to determine applications
for medical exemption under S166?  No

3d) Please provide a copy of your application form for driver exemption
under S166. Information not available.

3e) The guidance states: "Section 172 of the Act enables drivers to appeal
against the decision of a LA not to issue an exemption certificate. That
appeal should be made to the Magistrate’s Court, or a sheriff in Scotland,
and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?
None

3f) How many appeals against refusal to issue S166 exemptions were
successful? N/A

4) The guidance states: "We would therefore recommend that LAs also
publish a list of vehicles that are accessible to passengers in
wheelchairs who are able to transfer from their wheelchair into a seat
within the vehicle. It should be made clear however that this list of
vehicles has not been published for the purposes of section 165 of the Act
and drivers of those vehicles are therefore not subject to the legal
duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to
passengers in wheelchairs who are able to transfer from their wheelchairs
into a seat within the vehicle?  No

 

If you have any complaints in respect of your information request, please
write to the Complaints Monitoring Officer at the address below or
complete the on-line form that can be found at [2]www.havant.gov.uk. . If
your complaint is not resolved to your complete satisfaction, you have the
right to apply to the Information Commissioner for a decision.

 

Regards,

 

Emma Grieve

 

Havant Borough Council, Public Service Plaza, Civic Centre Road, Havant,
PO9 2AX

Telephone: 023 92 446660 or 446592

Email:  [3][email address]

 

[4]www.havant.gov.uk

[5]www.facebook.com/havantboroughcouncil

[6]www.twitter.com/havantborough

 

 

show quoted sections

HADC - Licensing Shared, Havant Borough Council

1 Attachment

 

 

From: HADC - Licensing Shared
Sent: 31 May 2018 12:35
To: '[FOI #482312 email]'
<[FOI #482312 email]>
Cc: Hawley, Lisa <[email address]>; Lincoln, Cheryl
<[email address]>; Amey, Kim <[email address]>; HBC
Info Requests <[email address]>
Subject: RE: Hackney carriage and private hire licensing department

 

Dear Mr Paulley,

 

In response to your freedom of information act request as below, please
find your request annotated with our responses in blue:

 

1) The Government guidance states: "Whilst LAs are under no specific legal
obligation to maintain a list under section 167, the Government recommends
strongly that they do so. Without such a list the requirements of section
165 of the Act do not apply, and drivers may continue to refuse the
carriage of wheelchair users, fail to provide them with assistance, or to
charge them extra."
Please can you indicate whether you still have a list of wheelchair
accessible taxis under your powers set out in Section 167 of the Equality
Act 2010, and/or a list of wheelchair accessible private hire vehicles?
Yes, it can be viewed at    
[1]https://www.havant.gov.uk/licensing-info...
A copy of the table is also attached.

2) If so, please provide information in response to the following
questions 2a) to 2i):
2a) The statutory guidance states "The Government therefore recommends
that a vehicle should only be included in the authority’s (S167) list if
it would be possible for the user of a “reference wheelchair” to enter,
leave and travel in the passenger compartment in safety and reasonable
comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered
wheelchair accessible for the purposes of the list?  Information not
available.

2b) The statutory guidance states: "Before drivers can be subject to the
duties under section 165 of the Act, the LA must first publish their list
of designated vehicles, and clearly mark it as ‘designated for the
purposes of section 165 of the Act’. LAs should ensure that their
designated lists are made easily available to passengers, and that vehicle
owners and drivers are made aware. Lists should set out the details of the
make and model of the vehicle, together with specifying whether the
vehicle is a taxi or private hire vehicle, and stating the name of
operator."
Have you published your list? Yes  Is it marked "designated for the
purposes of Section 165 of the Act"? No Is the make and model of each
vehicle listed?   Yes Is each vehicle identified as a taxi or a private
hire vehicle? Yes: veh= private hire and HC = hackney carriage  Is the
name of the operator of each vehicle given in the list? Yes Have you made
owners and drivers of vehicles on the list aware that their vehicle has
been listed?  Yes

2c) The guidance states: "it would also be helpful to include information
about the size and weight of wheelchair that can be accommodated, and
whether wheelchairs that are larger than a “reference wheelchair” can be
accommodated."
Does your list include information on each vehicle as to the size and
weight of wheelchair that can be accommodated, and whether wheelchairs
larger than a "reference wheelchair" can be accommodated?  No

2d) The guidance states: "We encourage LAs to provide drivers of taxis and
PHVs who are not exempt from the duties with clear guidance on their
duties with respect to the carriage of passengers in wheelchairs, either
as part of existing driver-facing guidance, or as supplementary
communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?
Information not available

2e) The guidance states: "We recommend that licensing authority rules for
drivers are updated to make clear when a meter can and cannot be left
running".
Have you updated such rules to make this clear? Information not available

2f) The guidance states: "Section 172 of the Act enables vehicle owners to
appeal against the decision of a LA to include their vehicles on the
designated list. That appeal should be made to the Magistrate’s Court, or
in Scotland the sheriff, and must be made within 28 days of the vehicle in
question being included on the LA’s published list."
Please tell me how many such applications have been made to the
Magistrates Court, and how many have been successful. Information not
available

2g) How many drivers has the authority prosecuted for discriminatory
behaviour contrary to S165 of the Act? None  How many such prosecutions
were successful?   N/A What were the sentences?  N/A

2h) How many drivers licensed by yourselves have been prosecuted by other
people or bodies for failure to comply with S165 of the Act? Information
not available  How many such prosecutions were successful?   Information
not available What were the sentences?  Information not available.

2i) Where drivers have been prosecuted under S165 of the Act, thus
affecting their standing as a "fit and proper person", what resultant
disciplinary action have you taken in respect of their taxi or private
hire vehicle drivers' licenses?  Information not available.

3) Since 2010 you have been obliged to process applications under Section
166 of the Equality Act for driver medical exemptions from the duty to
transport and not discriminate against wheelchair users. The Guidance
states; "the Act allows LAs to grant exemptions from the duties to
individual drivers. These provisions are contained in section 166, and
were commenced on 1st October 2010."

3a) How many exemptions have you granted under S166 of the Equality Act
2010?  None

3b) The guidance states: "We understand that some licensing authorities
have already put in place procedures for accessing and exempting drivers,
and as an absolute minimum, we think that the evidence provided should be
in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process
applications for driver exemption under S166?  Yes

3c) The guidance states: "The Government’s view is that decisions on
exemptions will be fairer and more objective if medical assessments are
undertaken by professionals who have been specifically trained and who are
independent of the applicant. We would recommend that independent medical
assessors are used where a long-term exemption is to be issued, and that
LAs use assessors who hold appropriate professional qualifications and who
are not open to bias because of a personal or commercial connection to the
applicant"
Have you appointed independent medical assessors to determine applications
for medical exemption under S166?  No

3d) Please provide a copy of your application form for driver exemption
under S166. Information not available.

3e) The guidance states: "Section 172 of the Act enables drivers to appeal
against the decision of a LA not to issue an exemption certificate. That
appeal should be made to the Magistrate’s Court, or a sheriff in Scotland,
and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?
None

3f) How many appeals against refusal to issue S166 exemptions were
successful? N/A

4) The guidance states: "We would therefore recommend that LAs also
publish a list of vehicles that are accessible to passengers in
wheelchairs who are able to transfer from their wheelchair into a seat
within the vehicle. It should be made clear however that this list of
vehicles has not been published for the purposes of section 165 of the Act
and drivers of those vehicles are therefore not subject to the legal
duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to
passengers in wheelchairs who are able to transfer from their wheelchairs
into a seat within the vehicle?  No

 

If you have any complaints in respect of your information request, please
write to the Complaints Monitoring Officer at the address below or
complete the on-line form that can be found at [2]www.havant.gov.uk. . If
your complaint is not resolved to your complete satisfaction, you have the
right to apply to the Information Commissioner for a decision.

 

Regards,

 

Emma Grieve

 

Havant Borough Council, Public Service Plaza, Civic Centre Road, Havant,
PO9 2AX

Telephone: 023 92 446660 or 446592

Email:  [3][email address]

 

[4]www.havant.gov.uk

[5]www.facebook.com/havantboroughcouncil

[6]www.twitter.com/havantborough

 

 

show quoted sections

Dear Havant Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Havant Borough Council's handling of my FOI request 'Implementation of S167 lists of taxis - Previously A'.

Some of the "information not available" responses don't make sense.

I asked:

"2a) The statutory guidance states "The Government therefore recommends that a vehicle should only be included in the authority’s (S167) list if it would be possible for the user of a “reference wheelchair” to enter,
leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair." Is this the definition you have used for a taxi or PHV to be considered wheelchair accessible for the purposes of the list?"

You responded:
"Information not available."

So you have a list of wheelchair accessible taxis, but you haven't decided what a wheelchair accessible taxi is? I don't get that. Please check.

Again:

"2d) The guidance states: "We encourage LAs to provide drivers of taxis and PHVs who are not exempt from the duties with clear guidance on their duties with respect to the carriage of passengers in wheelchairs, either as part of existing driver-facing guidance, or as supplementary communication." Have you provided non-exempt taxi/PHV drivers with such guidance?"

You responded:
"Information not available"

Either you have supplied said guidance or you haven't. Either way this would be recorded information held by the Authority.

Again:

"2e) The guidance states: "We recommend that licensing authority rules for drivers are updated to make clear when a meter can and cannot be left running". Have you updated such rules to make this clear?"

You responded:
"Information not available"

Either you updated licensing authority rules for drivers, or you didn't. Either way this should be recorded information held by the Authority.

"2f) The guidance states: "Section 172 of the Act enables vehicle owners to appeal against the decision of a LA to include their vehicles on the designated list. That appeal should be made to the Magistrate’s Court, or in Scotland the sheriff, and must be made within 28 days of the vehicle in question being included on the LA’s published list." Please tell me how many such applications have been made to the Magistrates Court, and how many have been successful."

You responded:

"Information not available."

It is not credible that you do not have this information. If an application was made to the Magistrates Court to appeal the Council's inclusion of a vehicle on the designated list, the Magistrates Court would inform the Council. Do you actually mean: "we've had no such referrals" or what?

Yours faithfully,

Doug Paulley

Customer Service Centre, Havant Borough Council

Dear Mr Paulley

Thank you for your request for information about Licensing which we received on Thursday 7th June 2018.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004.

As required by the legislation, we aim to answer your request within 20 working days from the date we received it. If for any reason we are unable to meet this deadline we will keep you fully informed of the reasons for this.

If you have any queries about this letter please do not hesitate to contact Customer Services on 023 9244 6019.

Kim Vassallo

Customer Service Officer
Havant Borough Council
Public Service Plaza
Civic Centre Road
Havant
PO9 2AX

Tel 02392446019

e-mail [email address]

show quoted sections

HADC - Licensing Shared, Havant Borough Council

Dear Mr Paulley,

 

 

Further to your response dated 6 June 2018, I would clarify the following
answers with responses in blue as below:

 

 

"2a) The statutory guidance states "The Government therefore recommends
that a vehicle should only be included in the authority’s (S167) list if
it would be possible for the user of a “reference wheelchair” to enter,
leave and travel in the passenger compartment in safety and reasonable
comfort whilst seated in their wheelchair." Is this the definition you
have used for a taxi or PHV to be considered wheelchair accessible for the
purposes of the list?"

You responded:
"Information not available."

So you have a list of wheelchair accessible taxis, but you haven't decided
what a wheelchair accessible taxi is? I don't get that. Please check.

 

I understand that is the definition that was used.

Again:

"2d) The guidance states: "We encourage LAs to provide drivers of taxis
and PHVs who are not exempt from the duties with clear guidance on their
duties with respect to the carriage of passengers in wheelchairs, either
as part of existing driver-facing guidance, or as supplementary
communication." Have you provided non-exempt taxi/PHV drivers with such
guidance?"

You responded:
"Information not available"

Either you have supplied said guidance or you haven't. Either way this
would be recorded information held by the Authority.

No

Again:

"2e) The guidance states: "We recommend that licensing authority rules for
drivers are updated to make clear when a meter can and cannot be left
running". Have you updated such rules to make this clear?"

You responded:
"Information not available"

 

Either you updated licensing authority rules for drivers, or you didn't.
Either way this should be recorded information held by the Authority.

No

 

"2f) The guidance states: "Section 172 of the Act enables vehicle owners
to appeal against the decision of a LA to include their vehicles on the
designated list. That appeal should be made to the Magistrate’s Court, or
in Scotland the sheriff, and must be made within 28 days of the vehicle in
question being included on the LA’s published list." Please tell me how
many such applications have been made to the Magistrates Court, and how
many have been successful."

You responded:

"Information not available."

It is not credible that you do not have this information. If an
application was made to the Magistrates Court to appeal the Council's
inclusion of a vehicle on the designated list, the Magistrates Court would
inform the Council. Do you actually mean: "we've had no such referrals" or
what?

None

 

Regards,

 

Emma Grieve

 

Havant Borough Council, Public Service Plaza, Civic Centre Road, Havant,
PO9 2AX

Telephone: 023 92 446660 or 446592

Email:  [1][email address]

 

[2]www.havant.gov.uk

[3]www.facebook.com/havantboroughcouncil

[4]www.twitter.com/havantborough

 

------------------------------------------------------------------------

From: Vassallo, Kim
Sent: 07 June 2018 09:18
To: HADC - Licensing Shared
Cc: HBC Info Requests
Subject: FW: Internal review of Freedom of Information request -
Implementation of S167 lists of taxis - Previously A

 

Hi
 
Please see below an FOI request which has been logged on CRM
CAS-261048-Q0Y9F2
Could you send a copy of the response to [5][email address]
 
Regards

Kim Vassallo

Customer Service Officer
Havant Borough Council
Public Service Plaza
Civic Centre Road
Havant
PO9 2AX

Tel 02392446019

e-mail [6][email address]

------------------------------------------------------------------------

show quoted sections