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COMMUNITY AND CULTURE PANEL AGENDA

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COMMUNITY AND CULTURE PANEL AGENDA Powered By Docstoc
					COMMUNITY AND
CULTURE PANEL
AGENDA

Tuesday 18 November 2008
at 6.00pm




Committee Suite
King’s Court
Chapel Street
King’s Lynn
Norfolk
PE30 1EX
King’s Court, Chapel Street, King’s Lynn, Norfolk, PE30 1EX.
Telephone: 01553 616200
Fax: 01553 616758


10 November 2008




Dear Member

Community and Culture Panel

You are invited to attend a meeting of the above-mentioned Panel which will be held
on Tuesday 18 November 2008 starting at 6.00pm in the Committee Suite, King’s
Court, Chapel Street, King’s Lynn, to discuss the business shown below.


Yours sincerely


Chief Executive




                                   AGENDA


1.    Apologies for absence

      To receive any apologies for absence.

2.    Minutes

      To approve the minutes of the meeting held on 30 September 2008 (previously
      circulated – pages 415 - 423).




                                        1
3.   Declarations of Interest

     Please indicate whether the interest is a personal one only or one which is also
     prejudicial. A declaration of a personal interest should indicate the nature of
     the interest and the agenda item to which it relates. In the case of a personal
     interest, the member may speak and vote on the matter. If a prejudicial interest
     is declared, the member should withdraw from the room whilst the matter is
     discussed.

4.   Urgent Business Under Standing Order 7

     To consider any business which by reason of special circumstances the
     Chairman proposes to accept as urgent under Section 100(b) (4) (b) of the
     Local Government Act, 1972.

5.   Members Present Pursuant to Standing Order 34

     Members wishing to speak pursuant to Standing Order 34 should inform the
     Chairman of their intention to do so and on what items they wish to be heard
     before the meeting commences.

6.   Chairman's Correspondence (if any)


7.   Matters referred to the Panel from other Council Bodies and responses
     made to previous Panel recommendations/requests

     To receive comments and recommendations from other Council bodies, and
     any responses subsequent to recommendations, which this Panel has
     previously made. (NB some of the relevant Council bodies may meet after the
     dispatch of the agenda).

     At the Cabinet meeting on 4 November 2008, the following response was made
     to the Community and Culture Panel meeting held on 30 September 2008.

     Suite of Housing Draft Consultation Documents

           Draft Housing Strategy 2008/2011
           Draft Affordable Housing Policy/DPD
           Draft Private Sector Housing Strategy 2008/2011
           Draft HomeChoice Evaluation and Policy Review 2008

     Panel Response: “RESOLVED: That the Panel’s comments be included in
     the final report to Cabinet”.

     Cabinet Decision: “RESOLVED: That the Housing Strategy be withdrawn at
     this stage for further consideration”.




                                        2
      “RECOMMENDED: That the recommendations set out in sections two and
      three of the HomeChoice Policy review be agreed”.

8.    Green Space Strategy (Pages 5 - 25) (Time allocated 20 mins)

      The Panel are asked to note and comment on the report.

9.    Cabinet Forward Decision List for 2 December 2008

      The following items are on the Cabinet Forward Decision List for consideration
      on the 2 December 2008 and have been identified by the Chairman and Vice-
      Chairman for consideration by the Panel.

      (i)     Food Business Incentive Scheme (Pages 26 – 31) (Time allocated 20
              minutes)

              The Panel are asked to note and comment on the report prior to its
              submission to Cabinet on 2 December 2008.

      (ii)    Draft Private Sector Housing Investment Policy 2009 - 2012
              (Pages 32 - 54) (Time allocated 30 minutes)

              The Panel are asked to note and comment on the report prior to its
              submission to Cabinet on 2 December 2008.

      (iii)   Hackney Carriage & Private Hire – Licensing Procedures &
              Conditions Document (Pages 55 - 139) (Time allocated 20 minutes)

              The Panel are asked to note and comment on the report prior to the
              proposals being considered by Cabinet on 2 December 2008.

10.   Panel Work Programme and Cabinet Forward Decision List (Pages 140 - 143)

      To consider the attached Work Programme.
      N.B. In considering the draft Work Programme Members attention is drawn to
      the additionally attached Cabinet Forward Decisions List.

11.   Date of Next Meeting

      To note that the next scheduled meeting will be held on Tuesday 6 January
      2009.


      To: Councillors A Lovett (Chairman), Mrs L Bambridge (Vice-Chairman),
      Mrs A Clery-Fox, Mrs J Murphy, Mrs C Rye, D Rye, Mrs S Smeaton,
      C Walters and G Wareham.




                                         3
Portfolio Holders:

Councillor Mrs E Nockolds (Portfolio Holder for Sports, Arts and Open
Spaces)

Councillor D Harwood (Portfolio Holder for Community)

Chris Bamfield (Head of Leisure and Public Space)

Chief Executive

Heads of Service

Press

Appropriate Officers: The following persons are invited to attend in respect
of the item(s) shown against their name:

Item 8             -   Chris Bamfield, Head of Leisure and Public Space

Item 9 (i)         -   Vicky Hopps, Principal Officer, Environmental Health
                       and Housing
                       Ben Hunter, Environmental Health Manager

Item 9 (ii)    -       Dave Clack, Principal Officer - Housing Standards
                       Duncan Hall, Strategic Housing & Community Safety
                       Manager

Item 9 (iii)       -   Ben Hunter, Environment Health Manager




                                  4
                                                                         AGENDA ITEM 8


               POLICY REVIEW & DEVELOPMENT REPORT

Type of Report                                   Portfolio(s):-
(Review/Consultation/Monitoring):-
                                                 Councillor Mrs E Nockolds, Portfolio Holder
Consultation                                     for Sports, Arts and Open Space
Author Name: Chris Bamfield, Head of
                                     Consultations:-
Leisure and Public Space
Tel: 01553-616648                    Nicola Leader, Jacqui Bullen, Neil Gromett,
                                     Sarah Moore, Nathan Johnson
Email: chris.bamfield@West-Norfolk.gov.uk
OPEN



PR&D Panel:           COMMUNITY AND CULTURE PANEL
Date:                 18 NOVEMBER 2008
Subject:              GREEN SPACE STRATEGY


Summary

The report reviews consultation feedback on the Green Space Strategy and considers the
introduction of new Byelaws.

Recommendations

The Panel are asked to comment on the consultation and proposed Byelaws.


1.0    Introduction

       1.1    At its meeting on the 11 December 2007, the Panel considered the draft
              Green Space Strategy (the Strategy) and agreed that a consultation exercise
              be carried out. The consultation was delayed but completed at the end of
              June 2008. The feedback received is attached at Appendix A.

       1.2    The comments within in the feedback do not have any material effect on the
              Strategy and it is proposed not to make any amendments to the Strategy.

2.0    Byelaws

       2.1    The Strategy raises issues around securing the safety and cleanliness in the
              premises of green space that are integral to raising the quality and ensuring
              good public access. A report for Cabinet to review Byelaws, is currently being
              compiled for the December meeting.

       2.2    Model Byelaws

              The Government has set out Model Byelaws which can be adopted by Local
              Authorities. The Byelaws cover most issues that are a cause of concern, but
              an addition is proposed to cover the prohibition of Quad Bikes on Council


                                             5
                                                                  AGENDA ITEM 8

      land. Adding to the Model Byelaws does extend the timescale for adoption. It
      is likely that full adoption of the Byelaws may take up to 12 months.

2.3   Draft Byelaws using Model 2 are attached at (Appendix B).

2.4   A separate set of Model Byelaws is available (Appendix C) (Set 8) covering
      Byelaws for “Good Rule and Government”.

      It is proposed to adopt two issues in this set of Byelaws that cover “Vehicles
      on Road Margins and Verges” and “Urinating”.




                                    6
                                                                                                                                       APPENDIX A




    Original Body                  Feedback                                                Response

                                   Support the terms of the document but worried that      Funding will be dependant on priorities. This could mean
    Hunstanton Town Council        funding may be diverted from investment in              that resources are re-allocated from lower to higher
                                   existing green spaces. In particular the Town           priorities. Specific funding of schemes will be dependant
                                   Council mention perimeter fencing around                on the action plan.
                                   Hunstanton Recreation Ground.

                                   Support the overall aims but comment that               Given the prominence of the urban areas resources will be
    Watlington Parish Council      prominence is given to the 3 main urban areas to the    focused here. However, efforts are being made to assist
                                   detriment of smaller communities. Would welcome         rural areas and Watlington are likely to enter Anglia In
                                   joint initiatives with the Borough to conserve and      Bloom in 2009.
                                   enhance green areas.

                                   Welcome the strategy as a basis for determining         The strategy will be accompanied by an annual action plan
    Friends of Hardwick Cemetery   future policies and objectives. Comment that there is   with target dates.
7




                                   no detail or commitment to future action and target
                                   dates.

                                   Also comment that The Walks and Hardwick Road           Page 6 of the Strategy covers the scope which includes
                                   Cemetery deserve mention as important green             Parks and Cemeteries. It is not necessary to detail
                                   spaces.                                                 specifically all important spaces.

                                   Welcome the Strategy, unsure how the re-
    Downham Market and District    organisation of Norfolk under LGR could potentially
    Chamber of Trade               impact.

                                   West Norfolk is a great place to live and they would
                                   like to work with the Council to continue to improve.
                  APPENDIX B




Byelaws for Pleasure
Grounds, Public Walks
  and Open Spaces




          8
                                                                 APPENDIX B




                                ARRANGEMENT OF BYELAWS


                                               PART 1
                                              GENERAL


1. General Interpretation
2. Application
3. Opening times


                                    PART 2
              PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

4. Protection of structures and plants
5. Unauthorised erection of structures
6. Grazing
7. Protection of wildlife
8. Gates
9. Camping
10. Fires
11. Missiles
12. Interference with life-saving equipment


                                          PART 3
                                HORSES, CYCLES AND VEHICLES

13. Interpretation of Part 3
14. Horses
15. Cycling
16. Motor vehicles
17. Overnight parking


                                            PART 4
                                PLAY AREAS, GAMES AND SPORTS

18. Interpretation of Part 4
19. Children’s play areas
20. Children’s play apparatus
21. Skateboarding etc.
22. Ball games
24. Cricket
25. Archery
26. Field Sports
27. Golf




                                                9
                                                                              APPENDIX B

                                               PART 5
                                             WATERWAYS

29. Interpretation of Part 5
30. Bathing
31. Ice Skating
32. Model Boats
33. Boats
34. Fishing
35. Pollution of waterways
36. Blocking of watercourses


                                              PART 6
                                          MODEL AIRCRAFT

37. Interpretation of Part 6
38. General prohibition
39. Use permitted in certain grounds
40. Exemptions for certain types of model aircraft


                                          PART 7
                                 OTHER REGULATED ACTIVITIES

41. Trading
42. Excessive noise
43. Public shows and performances
44. Aircraft, hand-gliders and hot-air balloons
45. Kites
46. Metal detectors


                                              PART 8
                                          MISCELLANEOUS

47. Obstruction
48. Savings
50. Removal of offenders
51. Penalty
52. Revocation

                                              SCHEDULE 1

                                            List of Grounds

                                              SCHEDULE 2

                         Rules for Playing Ball Games in Designated Areas

                                              SCHEDULE 3

                        Grounds in which use of Model Aircraft is Permitted




                                                     10
                                                                                           APPENDIX B
Byelaws made under (Section 164 of the Public Health Act 1875/section 15 of the Open Spaces Act
1906/sections 12 and 15 of the Open Spaces Act 1906) by the Council of Chorley with respect to
pleasure grounds, public walks and open spaces.


                                                PART 1

                                              GENERAL

General Interpretation

1.    In these byelaws:

      “the Council” means the Borough Council of King's Lynn & West Norfolk;

      “the ground” means any of the grounds listed in the Schedule;

      “designated area” means an area in the ground which is set aside for a specified purpose, that
      area and its purpose to be indicated by notices placed in a conspicuous position;

      “invalid carriage” means a vehicle, whether mechanically propelled or not,

      (a) the unladen weight of which does not exceed 150 kilograms,

      (b) the width of which does not exceed 0.85 metres, and

      (c) which has been constructed or adapted for use for the carriage of a person suffering from a
          disability, and used solely by such a person.

Application

2.    These byelaws apply to all of the areas listed in Schedule 1.

Opening times

3.    1.   No person shall enter or remain in the ground except during opening hours.

      2.   “Opening hours” means the days and times during which the ground is open to the public
           indicated by a notice placed in a conspicuous position at the entrance to the ground.


                                                PART 2

                PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

Protection of structures and plants

4.    1.   No person shall without reasonable excuse remove from or displace within the ground:

           (a) any barrier, post, seat or implement, or any part of a structure or ornament provided for
               use in the laying out or maintenance of the ground; or

           (b) any stone, soil or turn or the whole or any part of any plant, shrub or tree.

       2. No person shall walk on or ride, drive or station a horse or any vehicle over:



                                                  11
                                                                                            APPENDIX B


              (a) any flower bed, shrub or plant;

              (b) any ground in the course of preparation as a flower bed or for the growth of any tree,
                  shrub or plant; or

              (c) any part of the ground set aside by the Council for the renovation of turf or for other
                  landscaping purposes and indicated by a notice conspicuously displayed.

Unauthorised erection of structures

5.      No person shall without the consent of the Council erect any barrier, post, ride or swing, building
        or any other structure.

Grazing

6.      No person shall without the consent of the Council turn out or permit any animal for which he is
        responsible to graze in the ground.

Protection of wildlife

7.      No person shall kill, injure, take or disturb any animal, or engage in hunting or shooting, or the
        setting of traps or nets or the laying of snares.

Gates

8.      1.    No person shall leave open any gate to which this byelaw applies and which he has
              opened or caused to be opened.

        2.    Byelaw 8(1) applies to any gate to which is attached, or near to which is displayed, a
              conspicuous notice stating that leaving the gate open is prohibited.

Camping

9.      No person shall without the consent of the Council erect a tent or use a vehicle, caravan or any
        other structure for the purpose of camping (except in a designated area for camping).

Fires

10.     1.    No person shall light a fire or place, throw or drop a lighted match or any other thing likely
              to cause a fire.

        2.    Byelaw 10(1) shall not apply to:

              (a) any event at which the Council has given permission that fires may be lit;

              (b) the use in a designated area for camping of a properly constructed camping stove or
                  barbecue in such a manner as to safeguard against damage to the ground or danger
                  to any person.




                                                    12
                                                                                         APPENDIX B

Missiles

11.   No person shall throw or use any device to propel or discharge in the ground any object which is
      liable to cause injury to any other person.


Interference with life-saving equipment

12.   No person shall except in case of emergency remove from or displace within the ground or
      otherwise tamper with any life-saving appliance provided by the Council.


                                                PART 3

                                 HORSES, CYCLES AND VEHICLES

Interpretation of Part 3

13.   In this Part:

      “designated route” means a route in or through the grounds which is set aside for a specified
      purpose, that route and its purpose of be indicated by notices placed in a conspicuous position;

      “motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less
      than four wheels and the weight of which does not exceed 410 kilograms;

      “motor vehicle” means a mechanically propelled vehicle other than a motor cycle or invalid
      carriage: (and includes quad bikes?)

      “trailer” means a vehicle drawn by a motor vehicle, and includes a caravan.

Horses

14.   1.    No persons shall rise a horse in the ground except in the exercise of a lawful right or
            privilege.

      2.    In any part of the ground where horse riding is permitted by virtue of a lawful right or
            privilege, no person shall ride a horse in such a manner as to cause danger to any other
            person.

Cycling

15.   No person shall without reasonable excuse ride a cycle in the ground except in any part of the
      ground where there is right of way for cycles or on a designated route for cycling.

Motor vehicles

16.   No person shall without reasonable excuse bring into or drive in the ground a motor cycle, motor
      vehicle or trailer except in any part of the ground where there is a right of way for that class of
      vehicle.

Overnight parking

17.   No person shall without the consent of the Council leave or cause or permit to be left any motor
      cycle, motor vehicle or trailer in the ground between the hours of 6pm and 6am.


                                                  13
                                                                                          APPENDIX B


                                                 PART 4

                                PLAY AREAS, GAMES AND SPORTS

Interpretation of Part 4

18.   In this Part:

      “ball games” means any game involving throwing, catching, kicking, batting, hitting or running
      with any ball or other object designed for throwing and catching, but does not include cricket;

      “golf course” means any area within the ground set aside for the purposes of playing golf and
      includes any pitch and putt area, golf practice area or putting course;

      “self-propelled vehicle” means a vehicle other than a cycle, invalid carriage or pram which is
      propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or
      by one or more persons pulling or pushing the vehicle.

Children’s play areas

19.   No person aged 14 years or over shall enter or remain in a designated area which is a children’s
      play area unless bona fide in charge of a child under the age of 14 years.

Children’s play apparatus

20.   No person aged 14 years or over shall use any apparatus stated to be for the exclusive use of
      persons under the age of 14 years by a notice conspicuously displayed on or near the apparatus.

Skateboarding Etc

21.   No person shall skate, slide or ride on rollers, skateboards or other self-propelled vehicles except
      in a designated area for such activities.

Ball games

22.   No person shall play ball games outside a designated area for playing ball games in such a
      manner:

      (a) as to exclude persons not playing ball games from use of that part;

      (b) as to cause danger or give reasonable grounds for annoyance to any other person in the
          ground; or

      (c) which is likely to cause damage to any tree, shrub or plant in the ground.

23.   It is an offence for any person using a designated area for playing ball games to break any of the
      rules set out in Schedule 2 and conspicuously displayed on a sign in the designated area when
      asked by any person to desist from breaking those rules.

Cricket

24.   No person shall throw or strike with a bat a cricket ball except in a designated area for playing
      cricket.



                                                   14
                                                                                           APPENDIX B

Archery

25.   No person shall engage in the sport of archery except in connection with an event organised by
      or held with the consent of the Council.

Field Sports

26.   No person shall throw or put any javelin, hammer, discus or shot except in connection with an
      event organised by or held with the consent of the Council (or on land set aside by the Council
      for the purpose).

27.   No person shall drive, chip or pitch a hard golf ball except on the golf course.

28.   1.    No person shall play golf on the golf course unless he holds a valid ticket issued by or on
            behalf of the Council entitling him to do so, which ticket shall be retained and shown on
            demand to any authorised officer or agent of the Council;

      2.    No person shall walk or run on or across the golf course unless:

            (a) taking part in the game of golf or accompanying a person so engaged; or

            (b) doing so in the exercise of a lawful right or privilege.

3.    No person shall offer his service for hire as an instructor on the golf course without the consent of
      the Council.


                                                 PART 5

                                              WATERWAYS

Interpretation of Part 5

29.   In this Part:

      “boat” means any yacht, motor boat or similar craft but not a model or toy boat;

      “power driven” means driven by the combustion of petrol vapour or other combustible
      substances;

      “waterway” means any river, lake, pool, or other body of water, and includes any fountain.

Bathing

30.   No person shall without reasonable excuse bathe or swim in any waterway.

Ice Skating

31.   No person shall step onto or otherwise place their weight upon any frozen waterway.

Model Boats

32.   No person shall operate a power-driven model boat on any waterway without the consent of the
      Borough Council of King's Lynn & West Norfolk.



                                                    15
                                                                                           APPENDIX B

Boats

33.   No person shall sail or operate any boat, dinghy, canoe, sailboard, or inflatable on any waterway
      without the consent of the Council.

Fishing

34.   No person shall in any waterway cast a net or line for the purpose of catching fish or other
      animals except in a designated area for fishing.

35.   No person shall foul or pollute any waterway.

Blocking of watercourses

36.   No person shall cause or permit the flow of any drain or watercourse in the ground to be
      obstructed or diverted, or open, shut or otherwise move or operate any sluice or similar
      apparatus.


                                                 PART 6

                                           MODEL AIRCRAFT

Interpretation of Part 6

37.   In this Part:

      “model aircraft” means an aircraft which weighs not more than 7 kilograms without its fuel;

      “power driven” means driven by:

      (a) the combustion of petrol vapour or other combustible substances;

      (b) by jet propulsion or by means of a rocket, other than by means of a small reaction motor
          powered by a solid fuel pellet not exceeding 2.54 centimetres in length; or

      (c) by one or more electric motors or by compressed gas.

      “radio control” means control by a radio signal from a wireless transmitter or similar device.

General prohibition

38.   No person shall cause any power-driven model aircraft to:

      (a) take off or otherwise be released for flight, or control the flight of such an aircraft in the
          ground: or

      (b) land in the ground without reasonable excuse.

Use permitted in certain grounds

39.   Byelaw 38 does not apply to the grounds listed in Part 3 of Schedule 1/Column 1 of the table in
      Schedule 3 on the days and at the times indicated for each ground in Column 2 of that table.




                                                   16
                                                                                                 APPENDIX B


Exemptions for certain types of model aircraft

40.     Byelaw 38/39 does not apply to any model aircraft which:

        (a) gives a noise measurement of not more than 82 dB(A) when measured at a distance of 7
            metres from the aircraft in accordance with the Code of Practice issued under the Control of
            Noise (Code of Practice on Noise from Model Aircraft) Order 1981; and

        (b) where it is reasonably practicable to fit, is fitted with an effectual silencer or similar device.


                                                     PART 7

                                      OTHER REGULATED ACTIVITIES

Trading

41.     No person shall without the consent of the Council provide or offer to provide any service for
        which a charge is made.

Excessive noise

42.     1.     No person shall, after being requested to desist by any other person in the grounds:

        (a) by shouting or singing;

        (b) by playing on a musical instrument; or

        (c) by operating or permitting to be operated any radio, amplifier, tape recorder or similar device;

        make or permit to be made any noise which is so loud or so continuous or repeated as to give
        reasonable cause for annoyance to other persons in the ground.

        2.     Byelaw 42(1) does not apply to any person holding or taking part in any entertainment held
               with the consent of the Council.

Public shows and performances

43.     No person shall without the consent of the Council hold or take part in any public show or
        performance.

Aircraft, hand-gliders and hot-air balloons

44.     No person shall except in case of emergency or with the consent of the Council take off from or
        land in the ground in an aircraft, helicopter, hand-glider or hot-air balloon.

Kites

45.     No person shall fly any kite in such a manner as to cause danger or give reasonable grounds for
        annoyance to any other person.




                                                        17
                                                                                            APPENDIX B

Metal detectors

46.   No person shall without the consent of the Council use any device designed or adapted for
      detecting or locating any metal or mineral in the ground.

                                                 PART 8

                                           MISCELLANEOUS

Obstruction

47.   No person shall:

      (a) obstruct, disturb or annoy any officer of the Council in the proper execution of his duties;

      (b) obstruct or disturb any person carrying out an act which is necessarily to the proper execution
          of any contract with the Council; or

      (c) obstruct, disturb or annoy any other person in the proper use of the ground.

Savings

48.   It shall not be an offence under these byelaws for an officer of the Council or any person acting
      in accordance with a contract with the Council to do anything necessary to the proper execution
      of his duty.

49.   Nothing done in or under these byelaws shall in any respect prejudice or injuriously affect any
      public right of way through the ground, or the rights of any person acting lawfully by virtue of
      some estate, right or interest in, over or affecting the ground or any part of the ground.

Removal of offenders

50.   Any person offending against any of these byelaws may be removed from the ground by an
      officer of the Council or a constable.

Penalty

51.   Any person offending against any of these byelaws shall be liable on summary conviction to a
      fine not exceeding level 2 on the standard scale.

Revocation

52.   (a) The byelaws made by Borough Council of King's Lynn & West Norfolk.




                                                    18
                                                                                       APPENDIX B

                                             SCHEDULE 1

                                           LIST OF GROUNDS

The Grounds referred to in byelaw 2 are:

                    PARKS, PLAYING FIELDS AND RECREATION GROUNDS


                                     EQUIPPED PLAY AREAS

                                             SCHEDULE 2

                  RULES FOR PLAYING BALL GAMES IN DESIGNATED AREAS

Byelaw 23

Any person using a designated area for playing ball games must comply with the following rules:

1.   No person shall play any game other than those ball games for which the area has been set
     aside.

2.   No person shall obstruct any other person who is playing in accordance with these rules.

3.   Where exclusive use has been granted to a person or group of persons by the Council for a
     specified period, no other person shall play during that period.

4.   Subject to paragraph (5), where the area is already in use by any person their permission to play
     must be sought by any other person wishing to play.

5.   Except where they have been granted exclusive use by the Council for more than two hours, any
     person using the area shall vacate it if they have played continuously for two hours or more and
     know that nay other person wishes to use the area.

6.   No person shall play when a notice has been placed in a conspicuous position by the Council
     prohibiting play in that area of the ground.


                                             SCHEDULE 3

                GROUNDS IN WHICH USE OF MODEL AIRCRAFT IS PERMITTED

Byelaw 39

Days and times of use

Name or Description of ground Days and times at which use of model aircraft is permitted




                                                 19
                                                                      APPENDIX C

**COUNCILS SHOULD DOWNLOAD THIS SET FROM THE DCLG WEBSITE AND
                    ADAPT IT AS REQUIRED**

The guidance notes for Model Byelaws Set 8 should be consulted when using these
Model Byelaws


                     MODEL BYELAWS – SET 8




                             [Name of Council]
    BYELAWS FOR GOOD RULE AND GOVERNMENT
                      ARRANGEMENT OF BYELAWS

1. General interpretation
2. [Application]
3. [Application]
4. [Application]
5. Riding on road margins and verges
6. Vehicles on road margins and verges
7. Skateboarding etc [ - to prohibit skateboarding in designated areas]
8. Skateboarding etc [ - to prohibit dangerous or nuisance skateboarding on
   footpaths and roads]
9. Fairground attractions causing obstruction to traffic
10. Dangerous games near highways
11. Playing games on highways to the annoyance of local residents
12. Touting
13. Urinating, etc
14. Interference with road warning equipment
15. Interference with life saving equipment
16. Climbing upon and hanging from bridges
17. Penalty
18. Revocation


SCHEDULE [1]


SCHEDULE [2]




                                          20                   DCLG (JUNE 2006)
Byelaws made under section 235 of the Local Government Act 1972 by insert name
of Council for the good rule and government of the [Borough/District] of insert name
and for the prevention and suppression of nuisances.

General interpretation

1.     In these byelaws:

Select from the following list only terms to be used in the model byelaws which the
Council proposes to adopt:

       “carriageway” means a way constituting or comprised in a highway, being a
       way (other than a cycle track) over which the public have a right of way for the
       passage of vehicles;

       “the Council” means insert name of Council;

       “designated areas” means those areas designated in [byelaw 3/byelaw 4(3)]
       to these byelaws;

       “footway” means a way comprised in a highway which also comprises a
       carriageway, being a way over which the public have a right of way on foot
       only;

       “highway” means the whole or a part of a highway other than a ferry or
       waterway;

       “road margin or verge” means land which is—

              (a)    adjacent to the carriageway of a highway [or between two
              carriageways of a highway], other than the carriageway of a trunk road
              vested in the Secretary of State, and

              (b)    laid or sown with grass or planted with trees, shrubs or plants,
              and mown or otherwise maintained in an ornamental condition by the
              Council;

       “self-propelled vehicle” means a vehicle other than a cycle, wheelchair or
       pram which is propelled by the weight or force of one or more persons
       skating, sliding or riding on the vehicle or by one or more other persons
       pulling or pushing the vehicle;

       “trunk road” means a highway, or a proposed highway, which is a trunk road
       by virtue of section 10(1) or section 19 of the Highways Act 1980 or by virtue
       of an order or direction under section 10 of that Act.


Application

Councils should adopt ONE of model byelaws 2, 3 and 4

2.     These byelaws apply throughout the [Borough/District] of insert name.




                                         21                       DCLG (JUNE 2006)
3.     These byelaws apply to the areas of insert name of local authority area
       designated in [the Schedule] [Schedule 1] [and delineated by black hatching
       on the plan attached to these byelaws].

4.     (1)    These byelaws shall apply throughout the [Borough/District] of insert
              name except as set out in byelaws [4(2) to 4(4)].

       (2)    Byelaws 5 and 6 apply to any road margin or verge which is indicated
              to be a road margin or verge to which these byelaws apply by means
              of a notice conspicuously displayed on or near the said road margin or
              verge.

       (3)    Byelaw 7 applies to the areas of insert name of local authority area
              designated in [the Schedule] [Schedule 1] [and shown hatched in
              black on the plan attached to these byelaws].

       (4)    Byelaw 16 applies to the bridges listed in Schedule [2].

Riding on road margins and verges

5.     No person shall without lawful authority ride or lead any horse, or cause any
       horse to be ridden or led upon any road margin or verge to which this byelaw
       applies.

Vehicles on road margins and verges

6.     (1)    No person shall without lawful authority drive, park or leave a vehicle
              or cause such a vehicle to be driven or placed upon any road margin
              or verge to which this byelaw applies.

       (2)    This byelaw does not apply to a heavy commercial vehicle as defined
              by section 20 of the Road Traffic Act 1988.

Skateboarding etc

To prohibit skateboarding in designated areas [with savings for rights of private
landowners]

7.     No person shall skate, slid or ride on rollers, skateboards or other self-
       propelled vehicles in the designated areas [except where authorised to do so
       by the owner of the land].

To prohibit dangerous or nuisance skateboarding on footways and carriageways
[insert words in square brackets if also adopting model byelaw 7]

8.     [Outside the designated areas,] no person shall skate, slide or ride on rollers,
       skateboards or other self-propelled vehicles on any footway or carriageway in
       such a manner as to cause danger or give reasonable grounds for annoyance
       to other persons using the footway or carriageway.

Fairground attractions causing obstruction to traffic

9.     (1)    No person shall operate a fairground attraction—

              (a)     in any public place; or


                                          22                      DCLG (JUNE 2006)
                (b)     on any land adjoining a street or public place,

                so as to cause obstruction or danger to the traffic in that street or
                public place.

      (2)       “Fairground attraction” means a shooting gallery, swing-board,
                roundabout, or other structure which is installed, erected or operated
                for the entertainment of the public.

Dangerous games near highways

10.   No person shall play football or any other game on land adjacent to a highway
      in a manner likely:

      (a)       to cause obstruction to traffic; or

      (b)       to cause danger or give reasonable grounds for annoyance to any
                person on the highway.

Playing games on highways to the annoyance of local residents

11.   No person shall play football or any other game on a highway or on land
      adjacent to a highway in such a manner as to give reasonable grounds for
      annoyance to any person living nearby.

Touting

12.   No person shall in any street or public place—

      (a)       advertise or solicit custom for any service; or

      (b)       seek to gather information for use in the supply of goods or
                services,

      in such a manner as to cause obstruction or give reasonable grounds
      for annoyance to any person in that street or public place.

Urinating etc

13.   No person shall urinate or defecate in any street or public place.

Interference with road warning equipment

14.   No person shall without lawful authority move or tamper with any lamp,
      reflector or other equipment used for giving warning of, or lighting, any
      obstruction, excavation or other danger in any road.

Interference with life saving equipment

15.   Except in case of emergency, no person shall remove, displace or otherwise
      interfere with any life saving equipment placed by the Council or any other
      competent authority in any street or public place.




                                            23                       DCLG (JUNE 2006)
Climbing upon and hanging from bridges

16.   (1)    No person shall without reasonable excuse—

             (a)    climb upon or hang from any bridge to which this byelaw
                    applies; or

             (b)    aid, abet, counsel or procure such an act by another.

      (2)    “Bridge” includes any abutment, embankment, retaining wall or other
             work supporting or protecting the bridge.

Penalty

17.   Any person offending against these byelaws shall be liable on summary
      conviction to a fine not exceeding level 2 on the standard scale.

Revocation

18.   The byelaws relating to state subject matter which were made by insert name
      on insert date and were confirmed by insert name of confirming authority on
      insert date of confirmation are revoked.




                                       24                      DCLG (JUNE 2006)
                                   SCHEDULE [1]

The designated areas are:




                                    SCHEDULE 2

The bridges referred to in byelaw 16 are as follows:




                                         25            DCLG (JUNE 2006)
                                                                   AGENDA ITEM 9(i)


              POLICY REVIEW & DEVELOPMENT REPORT

Type of Report                                Portfolio:-
                                              Councillor D Harwood, Portfolio Holder for
(Review/Consultation/Monitoring):-
                                              Community
Review
Author Name: Vicki Hopps, Principal Officer Consultations:-    Andy Piper, Head of
– Food & Health & Safety                    Environmental Health and Housing
                                              Ben Hunter,      Environmental     Health
                                              Manager
Tel: 01553-616307

Email: vicki.hopps@West-Norfolk.gov.uk
OPEN



PR&D Panel:         COMMUNITY AND CULTURE PANEL
Date:               18 NOVEMBER 2008
Subject:            FOOD BUSINESS INCENTIVE SCHEME


 Summary

 The Council has a statutory duty to have in place a programme to assess
 compliance with food safety legislation by all food businesses operating within the
 borough. This can be done in number of different ways from full inspections and
 audits to monitoring and sampling visits. At the end of each full inspection or audit
 visit a risk rating is given to the premises based on several factors and this
 determines the frequency of further inspections.

 This report proposes the adoption of a five star incentive scheme for food catering
 business, i.e. those preparing food. This means that after each risk based
 inspection the business would be awarded a star rating of zero to five stars. Retail
 premises such as supermarkets and convenience stores would not be routinely
 included in the scheme.

 In addition the proposal includes the publication of the food hygiene score and star
 rating for the food business which would go onto a dedicated website to allow
 access to members of the public and others. They would also be given a certificate
 displaying the number of stars awarded.

 Recommendation

 The Panel Members are invited to comment on the report prior to its submission to
 Cabinet on 2 December 2008.




                                         26
                                                                AGENDA ITEM 9(i)



1.0 Background

   1.1 The Food Standards Agency has sponsored a number of local authorities
       across the UK to participate in a variety of pilot food safety incentive
       schemes or “Scores on the Doors” as it more widely known. Under these
       schemes, a score is given by the local authority to the business based on
       an assessment of the level of compliance with food hygiene legislation and
       in most cases this is directly related to a risk-rating scheme in the Food
       Law Codes of Practice which local authorities work to.

   1.2 The risk-rating scheme is used to determine the frequency of inspections
       that should take place and is based on the assessment of a number of
       criteria:

           the potential hazard; (which includes type of food, method of processing
           and the numbers of consumers at risk)
           the level of (current) compliance with food hygiene legislation by the
           business;
           the confidence in management and in control systems.

        None of the above criteria are weighted, the total of the scores against
        each criteria give the risk rating and frequency of inspection.

   1.3 This risk-rating scheme is generally also used to derive the score that tells
       consumers how good the hygiene standards of the establishment are. The
       aim is for the score to be displayed on the premises at the point of sale via
       a certificate which can be displayed at the entrance to the premises
       supported by website information.

   1.4 Over 205 local authorities currently operate such a scheme with 85% of
       these opting for a five tier scheme.

   1.5 Irrespective of for Local Government Review it would seem sensible that
       the 7 district authorities should operate the same food safety incentive
       scheme. This will demonstrate consistency across the county and be more
       transparent for food business operators and consumers alike so that they
       can be confident that a five star premises in West Norfolk is at the same
       standard as a five star premises in North Norfolk, Norwich or Great
       Yarmouth. Currently only Norwich City Council and Great Yarmouth
       operate a scheme both opting for a five star system.

   1.6 The BCKLWN scheme will build upon the success of the Safer Food Better
       Business (SFBB) Project which the Food Team have been involved in with
       other partner authorities in Norfolk, giving sustainability to maintaining and
       improving food hygiene standards across the borough. SFBB is a written
       system for persons in charge of a food business to record what they are
       doing to ensure good standards of hygiene and safety, such as
       temperature records for fridges and cooking temperatures of food.



                                        27
                                                                  AGENDA ITEM 9(i)

   1.7 Evidence from those authorities operating food safety incentive schemes
       has shown that hygiene standards in food businesses have improved
       greatly with food business operators keen to achieve a higher star rating.

   1.8 As a result of this the amount of time spent at these five star premises
       reduces so that officers can focus their resource on those premises that are
       persistent poor performers or consistently fail to meet the minimum
       legislative requirements. In other words targeting premises in greatest
       need of improvement.

   1.9 Currently anyone requesting information regarding food businesses within
       the Borough has to apply in writing through the Freedom of Information
       procedure. Adopting the proposed scheme and publicising information
       about food establishments on the website will allow immediate access to
       this information for those who require it.

2.0 Consultation with Businesses

   2.1 It is proposed to introduce the scheme from 1st April 2009 to enable
       businesses to be adequately informed about how the scheme will work in
       practice and contribute their views on the proposed scheme.

   2.2 A consultation was undertaken of the 993 catering businesses registered
       with the Borough Council using a questionnaire (see Appendix 1) which
       they were requested to return in a prepaid envelope.

   2.3 173 (18%) were returned and of those 78% agreed with the idea of the
       proposed food business incentive scheme. 13% disagreed and 5 % neither
       agreed nor disagreed.

   2.4 Some of the reasons given for agreeing with the scheme were:

        a. “Since it has been adopted elsewhere by other authorities it would seem
           appropriate to adopt this scheme accordingly”
        b. “Good for the future improvement in food quality and hygiene”
        c. “The star rating is a very good idea and will give confidence to the public”
        d. “It will show the rogue traders for who they are”
        e. “A good idea – it would create better standards of food premises”

   2.5 Reservations to the scheme were around the following areas:

          Public – Understanding the system and differentiating it from the other
          star award schemes.
          The trade – worried about additional burdens on business
          The Environmental Health Department – It is only a snap shot of the
          business at the time of the inspection.



                                         28
                                                                 AGENDA ITEM 9(i)

3.0 Policy Implications

   3.1 The Food Safety Incentive Scheme is in accordance with the Corporate
       Enforcement Policy and is a good means of demonstrating accountability to
       citizens and the Government for its actions and decisions. Operation of the
       scheme will allow food enforcement to be transparent to scrutiny by the
       public and other stakeholders.

4.0 Financial Implications

   4.1 The cost of the IT system for setting up the scheme would be £3000 for the
       initial year which will be met from the ICT development programme and
       then £3000 per year for maintaining the system which will be met from
       within current revenue budgets.

   4.2 The cost of printing certificates is negligible and can be absorbed within
       current budgets.

   4.3 A reinspection charge would produce an income which could cover the cost
       of maintaining the website system but it is too early to predict the take up of
       this.

5.0 Staffing Implications

   5.1   None

6.0 Risk Assessment

   6.1 As stated in the Corporate Objectives we have a duty to communicate
       effectively with everyone we work with and our decision making must be
       transparent and understandable. Implementing a food hygiene award
       scheme and publicising the results would demonstrate this objective.

7.0 Statutory Considerations

   7.1 The Council has a duty to comply with the mandatory Food Law Code of
       Practice (England) – June 2008. This states that all Food Authorities
       should document, maintain and implement a Food Hygiene Interventions
       Programme that includes all establishments for which the Food Authority
       has food hygiene law enforcement responsibility.

   7.2 In other words The Council has a statutory duty to have in place a
       programme to assess compliance with food safety legislation of all food
       businesses operating within the borough.

Background Information

Food Law Code of Practice (England) – June 2008 – Food Standards Agency




                                         29
                                                              AGENDA ITEM 9(i)

Borough Council of King’s Lynn and West Norfolk – Standard Procedure for the
Operation of the Food Business Incentive Scheme.

An assessment of the effectiveness of a five-star ‘Scores on the Doors’ scheme for
improving food hygiene compliance amongst Norwich catering businesses – Journal
of Environmental Health Research: Volume 7 Issue 1




                                       30
                                      Environmental Health & Housing
                                      Borough Council of Kings Lynn & West Norfolk, King’s Court,
                                      Chapel Street, King’s Lynn, Norfolk, PE30 1EX
                                      Tel: (01553 616200) Minicom: (01553) 616705 Fax: (01553) 775142

‘Scores on the Doors’ Food Business Incentive Scheme Consultation
All restaurants and food businesses are inspected by Environmental Health Departments to check whether they are
meeting basic standards of hygiene. Each inspection requires the inspector to create a risk rating score that relates
directly to the standard of food hygiene, the structure of the premises and the food safety management. It would be
possible to convert this score into a star-rating scheme (zero stars to five stars) with a 5 star rating relating to the
highest standard.

It is proposed that the star rating given to premises would be made available to the public on the internet and that
each business would be given a certificate with the business name, star rating and date of issue to display on their
premises.

Please score each of the following factors by placing one tick (   ) per question in the box that indicates your level of
agreement and return the completed form in the SAE provided.

                                                                                                                     Don’t
                                                                                        Yes           No
                                                                                                                     Know
1     Do you agree with the idea of the food business incentive scheme as
      proposed?
2     Would you display the food hygiene inspection star rating?

      If you answered YES to question 2, where you would like to display the rating
      On the main public entrance door/window of the food premises as a
      sticker
      Inside the food business visible to public as a certificate

      Other [please state]

3     Do you think a good star rating would improve your trade?
4     Would you work harder to improve your hygiene standards in order
      to increase/maintain your star rating?
5     Do you think that there are any negative aspects in providing this
      information to the public?
6     If you answered YES to question 5, what
      do you think these would be



7     Do you think it is a good idea that scoring 20 or above in any
      category should be rated 0 stars overall to reflect the poor or very
      bad standards at the premises?
8     Would you like to see the star rating from your last inspection on the
      Councils website, www.west-norfolk.gov.uk?
9     Would you consider paying for a re-inspection after 3 months if
      you’ve made improvements to your business to increase your star
      rating?
10    Any other comments you wish to make
      about the proposed scheme?

Continue overleaf with any comments if necessary                                                     September 2008/«Ref»


                                                         31
                                                                   AGENDA ITEM 9 (ii)


               POLICY REVIEW & DEVELOPMENT REPORT

Type of Report                                 Portfolio(s):-
                                               Councillor D Harwood, Portfolio Holder for
(Review/Consultation/Monitoring):-
                                               Community
Review
Author Name: Dave Clack, Principal Officer
                                           Consultations:-
Housing Standards
Tel: 01553-616446

Email: Dave.Clack@West-Norfolk.gov.uk
OPEN


PR&D Panel: COMMUNITY AND CULTURE PANEL
Date:       18 NOVEMBER 2008
Subject:    PRIVATE SECTOR HOUSING INVESTEMENT POLICY 2009 - 2012


Summary

The Panel are invited to consider the broad principles contained in the Draft Private
Sector Housing Investment Policy contained at appendix 1, in order to permit the
draft policy to be taken forward for formal consultation.

Recommendations

The Panel are invited to note and comment on the Draft Private Sector Housing
Investment Policy, particularly, the changes to the broad principles outlined in this
report, prior to its submission to Cabinet on 2 December 2008.


1      Introduction

1.1    The attached draft of the Private Sector Housing Investment Policy is a
       revision of the Private Sector Housing Policy 2003 that spells out our policy in
       relation to discretionary Grant and Loan assistance under the Regulatory
       Reform (Housing Assistance) (England & Wales) Order 2002 (The Order). It is
       felt that this policy no longer meets the needs of the authority in enabling
       assistance to be directed at those most in need.

1.2    The new policy therefore has some significant changes in its broad principles,
       in terms of the availability of Grants for Landlords and in terms of the
       introduction of other forms of assistance with the aim that more of the financial
       assistance given becomes both recyclable and maintains its value. This would
       ensure that the authority is better able to continue to help vulnerable
       households into the future.




                                          32
                                                                AGENDA ITEM 9 (ii)

1.3   The Policy is in a draft state and though it refers to Appendix 2 & Appendix 3,
      these will form the conditions of grant and loan assistance and will need to be
      added once the general principles have been agreed.

2     Policy Implications

2.1   The broad principles of the revised policy that differ from the existing PSH
      Policy 2003 are as follows:

            The removal of the Empty Property Grant and Fire Safety Grant, both
            for Landlords. It is no longer felt appropriate in the light of the demands
            on funding and of the needs of vulnerable households in the area, to
            support landlords where other incentives or enforcement are available.

            The reduction of the maximum grant (other than for DFG) from £5,000
            to £2,000. In order to reduce the level of spend that is not recoverable
            by the authority.

            The addition of interest, at bank of England base rates, to the
            discretionary loans offered by the authority. In order to maintain the
            returning value of the finance offered so as to ensure that we are better
            able to continue to support vulnerable households.

            The introduction of an Equity release scheme for loans over £15,000,
            should the Norfolk & Waveny bid for funding be successful. In order to
            maintain the returning value of the finance offered, so as to ensure that
            we are better able to continue to support vulnerable households.

            The introduction of an Emergency Repair Grant to assist some vital
            smaller repairs to be carried out in a more streamlined manner. This
            would enable temporary repairs to be carried out to prevent
            deterioration to a property before a full application can be processed.

            The adoption of the discretionary power to place a charge on a
            property after completion of certain DFG’s. This charge would be time
            limited so as to expire after 10 years. This would enable some of the
            finance from the DFG’s to be recycled, particularly where in the period
            after completion of a grant the clients move to another address.




                                         33
                                                               APPENDIX 1




CONSULTATION DRAFT




Draft Private Sector Housing
Investment Policy 2009 – 2012




If you need a translation of this document in another language, larger print,
Braille, audio or electronic version please contact The Borough Council of
King’s Lynn and West Norfolk




                                     34
                                                                 APPENDIX 1
           st
Updated 31      October 2008

Dave Clack, David Hanson, Duncan Hall

Whilst this draft is subject to consultation and therefore may be subject to
change, sections in italics are provided in the draft for information purposes
and are not intended to appear in the final document.

1.0 Introduction

     1.1 This policy is required in order to meet the requirements of the
         Regulatory Reform (Housing Assistance) (England & Wales) Order
         2002 (The Order). Article 3 of this Order specifies that Local
         Authorities may provide, directly or indirectly, assistance to any
         person for various purposes including those of enabling him to
         adapt or improve living accommodation or to repair living
         accommodation.

     1.2 Article 4 of the Order provides that before exercising the power
         conferred by article 3 the Local Housing Authority have adopted a
         policy for the provision of such assistance, publicised the policy and
         made the policy available in certain specified ways.

     1.3 The present Private Sector Housing Policy 2003 met the
         requirements of the Order in taking forward a raft of Grants & other
         assistance available for Landlords and owner occupiers across the
         borough. With the policy falling due for review and changing needs
         and priorities the Action Plan under the Private Sector Housing
         Strategy (currently under development and in final draft) identifies
         the need for the policy to be reviewed.

     1.4 This Policy also meets the requirements of both Key Priority 3 of the
         Housing Strategy 2008 – 2011 and also one of the objectives in
         chapter 4 of the (presently DRAFT) Private Sector Housing Strategy
         2008-2011.

     1.5 This policy needs to be seen in the context of these strategies, the
         resulting action plans and their objectives.

     1.6 In addition this policy deals with our duties under the national
         Disabled Facilities Grants (DFG) Programme, much of which is
         mandatory and therefore the section of the policy dealing with these
         issues does not need to be adopted and is included for
         completeness. Only one area of assistance under the DFG
         programme is discretionary and that is the imposing of a charge on
         the property under certain circumstances, this adoption of this
         discretion is included in this policy.




                                      35
                                                                  APPENDIX 1

2.0 Policy Aims

    2.1 In order to bring together in one policy all the relevant forms of grant
        and other assistance this policy deals with the Council’s approach
        to delivering both mandatory and discretionary Grants and Loans to
        assist vulnerable occupiers to remain in their own home and to
        enable vulnerable owner occupiers to maintain their property to the
        Decent Homes Standard. This function is broadly divided into two
        areas, that of Disabled Facilities Grants (DFGs) and then other
        Grants and forms of assistance.

    2.2 We have a mandatory duty to provide DFGs under the national
        Disabled Facilities Grant Programme. This new policy reflects the
        “Package of changes to modernise the programme” published by
        the Government in February 2008. The Council aims to ensure an
        effective delivery of the DFG programme, with a consistency of
        service across all tenures.

    2.3 Secondly the policy also deals with the discretionary range of
        support made under the Order, to assist the most vulnerable
        households to live in private sector housing of a decent standard.
        The policy aims to ensure those vulnerable households in greatest
        need in the borough are protected from undue risks to their health &
        safety, have a decent home and feel safe and secure.

3.0 National Policy Context

    3.1 The national policy context is given in more detail in the Private
        Sector Housing Strategy. In summary it is drawn from:

         Lifetime Homes, Lifetime Neighbourhoods: A National strategy for
         Housing in an Ageing Society.

         Disabled Facilities Grant – The package of changes to modernise
         the programme (CLG). See more detail below.

         Regulatory Reform (Housing Assistance) (England & Wales) Order
         2002. Loans (see page 61 Lifetime Homes).

         ODPM Circular 05/2003.

         Housing Act 2004 – Housing Health and Safety Rating System.

         A Decent Home: Definition and guidance for implementation (DCLG
         June 2006).




                                      36
                                                                 APPENDIX 1

     3.2 Audit Commission Key Lines of Enquiry

          In addition the Audit Commission provides clear guidance on their
          Key Lines of Enquiry (KLOEs) used by the Audit Commission
          Housing Inspectorate when looking at private sector housing. Full
          guidance is available from the Audit Commission website at:
          http://www.audit-commission.gov.uk/housing/housingkloe

     3.3 KLOE documents are designed to provide inspectors, inspected
         bodies and others with a framework through which to view and
         assess services.
     3.4 The guidance identifies the key questions under the following
         headings:
            Access, customer care & user focus
            Diversity
            Private sector stock condition and housing need data
            The strategic approach to private sector housing
            The impact of the strategic approach - how effectively is the
            council tackling poor housing conditions in the private sector
            Value for money.

     3.5 DFGs & the package of changes to modernise the programme
         (CLG)

          This policy reflects the package of changes published by the
          government earlier in 2008.

          These changes include:
             Raising the maximum grant limit
             Amending the mean test
             Including access to garden
             Relaxing the ring-fence around the DFG
             Incorporation of Local Area Agreements
             Levying limited property charges


How does the Council fund assistance under this policy? And why
change?

There are clear indications about the changing profile of the population and
with an increasingly older population our policy aims to look at ways of making
the resources go further. There will only be more increasing demands so we
must act to redefine those that we can assist. This should ensure that we
concentrate our efforts on the most vulnerable clients and that it is better to
have equality of service and a sensible response time and try to minimise
waiting lists that leave those in need waiting.




                                      37
                                                                  APPENDIX 1
4.0 Policy Principles and Objectives

    4.1 The Council will ensure that the available resources are focussed
        on meeting the needs of the most vulnerable. This will mean a
        change in approach. This will be consistent with HECA strategy and
        Fuel Poverty Strategy, as well as several objectives of the Local
        Area Agreement.

    4.2 This focus needs to be seen in the context of greater demands on
        the DFG resources, and increasing pressures on some of the most
        vulnerable households relating to the costs of maintaining and
        heating a home.

5.0 Objectives

    The objectives of the policy are set out below:

    1)   To enable disabled people and people with mobility issues to
         live independently in their own homes

    2)   To tackle housing conditions that represent a hazard to the
         health of the occupier, focusing on the needs of the vulnerable
         households.

    3)   To support the provision of measures that will help vulnerable
         households feel safe and secure in their own homes, and
         contribute towards maintaining independent living.


    5.1 Objective 1 above relates to the mandatory duty to carry out works
        under the Disabled Facilities Grant Programme.

    5.2 Objective 2 above relates to Hazards identified as being under
        Category 1 or 2 using the Housing Health & Safety Rating System
        (HHSRS) under the Housing Act 2004. The council has a relevant
        HHSRS enforcement policy in place and all decisions in this regard
        will be taken in accordance with this policy.

    5.3 Objective 3 above relates to other defects or deficiencies identified
        as making the property fall below the Decent Homes Standard or
        other works eligible for assistance under other elements of this
        policy.

    5.4 A degree of flexibility is required to meet changing needs but these
        will be taken in priority order according to our statutory duties, which
        will mean:

            Priority 1: Statutory DFG must be the first call on available
            funding
            Priority 2: Addressing Category 1 and Category 2 hazards



                                      38
                                                               APPENDIX 1
            Priority 3: Other forms of assistance to meet Decent Homes,
            Safe and Secure and other identified forms of assistance.

    5.5 These priorities will ensure available resources are targeted to meet
        the needs of the most vulnerable.

6.0 Resourcing Principles

    6.1 In determining funding assistance, other than where it is mandatory
        in the case of DFG, assistance will generally not be offered when
        there is a feasible alternative funding solution. For example where
        there is a dedicated government grant or non mandatory top ups
        are available through another agency or where private finance is
        available.

    6.2 The policy will not be applied in a way that can enable an
        accumulation of assistance from different strands of the policy other
        than the emergency repair grant which will not affect eligibility for
        other forms of assistance.

    6.3 In terms of managing the Council’s available resources Funding will
        always be on the basis of priority for the most vulnerable, and
        priority for a DFG to aid an adaptation or a repair where the health
        of the occupant is at risk

7.0 Research and Consultation

    7.1 The policy has been informed by recent research:

         Strategic Housing Market Assessment (SHMA) /census / Data
         about West Norfolk (DAWN) an ageing society demands on
         resources for adaptation.

    7.2 In addition consultation carried out at the Housing Strategy
        Consultation day in July 2008, on the general principles underlying
        some of the changes in this area of policy has helped to inform the
        proposed changes.

8.0 Landlord Grants and Home Improvement Assistance

    8.1 Financial support will no longer be available to the landlords of
        private sector accommodation. Previously under the Private Sector
        Housing Policy 2003 grants were available for the provision of fire
        safety equipment in Houses in Multiple Occupation and for works to
        bring empty properties back into use. These grants will be
        withdrawn. The approach to maintaining effective standards in
        private sector housing will be one of effective engagement with
        landlords on rights and responsibilities, advice for landlords and
        tenants. Where this approach does not succeed and it is considered
        necessary we will carry out effective enforcement in accordance
        with a range of enforcement policies.


                                    39
                                                                 APPENDIX 1

    8.2 Financial support will no longer be available to owner occupiers of
        overcrowded properties. Previously under the Private Sector
        Housing Policy 2003 grants were available to permit such
        properties to be extended to meet the needs of the occupiers.
        Where action is necessary we will encourage owners to buy or rent
        a more suitable property. If this fails and the property is subject to
        statutory overcrowding we will consider enforcement action.

9.0 Innovation Schemes / Area based initiatives

    9.1 In implementing this policy, a pro-active approach will be taken to
        ensure that resources are targeted where they are most needed,
        and that the available resources are committed.

    9.2 Using evidence of need, and utilising available capital resources,
        and ad-hoc funding opportunities schemes and initiatives will be
        developed to help direct support to those in greatest need, in line
        with the aims and objectives of this policy. Where necessary there
        will be planned promotion and publicity of any such schemes.

    9.3 From time to time funds will be available that can be used to
        support project based work. In determining the scope of any project,
        or any bid for resources meeting the aims and objectives of this
        policy will be an overriding factor.

10.0 The Role of Care & Repair West Norfolk

    10.1 Applicants will be directed to the Council’s Home Improvement
         Agency, Care and Repair West Norfolk, who will administer the
         grants, and financial support. Care & Repair will undertake work on
         organising works connected with adaptations and repairs, but
         beyond this will look at help with much wider issues that could
         impact on someone’s ability to live independently.

11.0 Forms of discretionary assistance.

    11.1 In order to meet with expectations placed on local Government in
         relation to the ability to effectively recycle grant money and
         therefore assist more vulnerable households in the longer term we
         aim to reduce the availability of non repayable grant aid and
         increase the use of loan funding. In principal this loan funding does
         not adversely affect the client and their day to day situation it does
         result in a charge being placed on the property which is recoverable
         on the sale or other disposal of the property.

12.0 Grant Aid

    12.1 Any discretionary non repayable grant aid will be set at a £2,000
         maximum level, below which the administration of any charge would
         be disproportionate to the recoverable grant.


                                     40
                                                                 APPENDIX 1

13.0 Loan Assistance

    13.1 Over the £2,000 limit for Grant aid, assistance will be available by
         way of loan assistance up to a maximum of £30,000 (or £15,000 if
         Equity release is introduced for larger loans). This is a repayable
         charge placed on the property, subject to conditions around
         disposal when the charge becomes repayable. Under the Private
         Sector Housing Policy 2003 these loans were interest free, unless a
         relevant disposal took place within five years of the completion of
         the works, when an additional 15% would be added to the loan
         amount.

    13.2 Given that the charge may well remain on the property
         undischarged for many years and that the effective amount of the
         charge reduces over this period, under consideration is the ability of
         the loan to be linked to interest rates or cost of living rises each
         year. This would ensure that the amount recovered would be more
         effective in assisting further clients at the time of recovery.

    13.3 In accordance with the above it is proposed that Loan assistance is
         offered subject to either a 15% charge if a relevant disposal takes
         place within the first five years or to the addition of an interest
         calculated on average Bank of England Base Rate for the life of the
         loan, whichever is the greater. This charge would be calculated at
         the time of the relevant disposal of the property and would be
         compound interest based on average Bank of England Base Rate
         for each full year of the life of the loan.

    13.4 This loan would be available for loans of between £2,000 and the
         maximum of £30,000. (or £15,000 if Equity release is introduced for
         larger loans).

14.0 Equity Release

    14.1 In order to further maximise the recycling of financial assistance we
         are looking at the possibility of commencing an Equity Release
         scheme, for larger loans. This ties the value of the return into the
         increasing value of the property. In other words the value of the
         share of property owned by the local authority increases in
         proportion to the market value of the property.

    14.2 The Governments new strategy ‘Lifetime Homes, Lifetime
         Neighbourhoods – a national strategy for Housing in an Ageing
         Society’ states “it is clear that equity release will become an
         increasing important option for a growing minority of older people”.

    14.3 Many older people face additional barriers to improving or adapting
         their homes. For a proportion of these people who may be “asset
         rich by income poor” equity release may be an option through a




                                     41
                                                            APPENDIX 1
     loan scheme or through moving on to a smaller property which is
     easier to maintain and cheaper to keep warm.

14.4 Central government has given guidance to regional assemblies on
     how publicly funded equity release loan schemes could operate on
     a regional or sub-regional basis. The guidance is supported by a
     Communities and Local Government report titled ‘Loan Finance to
     improve housing conditions for vulnerable owner occupiers’.

14.5 The Borough Council are presently part of a Norfolk & Waveny bid
     to EERA for additional funding to extend the already successful
     Equity Loan Scheme operating in Great Yarmouth. Provisional
     approval of this bid has been given by EERA but this is subject to
     ministerial approval and other conditions. Should the bid be
     successful larger loans would be offered as an equity release
     product rather than a charge on the property. The effective
     minimum for this type of assistance would be £15,000. Should the
     bid be unsuccessful officers will seek to investigate and if possible
     implement a suitable scheme based on the existing Yarmouth
     model. The maximum level of assistance available under an equity
     release scheme would be £30,000. However this is limited to 35%
     of the available equity in the property.

14.6 In cases where the amount of loan required can not be met by
     Equity Release owing to there being limited equity in the property,
     the loan would be provided by the interest free or simple interest
     loan described above.




                                 42
                                                                 APPENDIX 1

Forms of assistance available.

15.0 Home Renovation Assistance

      15.1   Purpose:

             The purpose of this financial support is primarily to fund works
             that help to alleviate the most significant hazards within
             domestic dwellings that have the potential to impact on the
             health of the most vulnerable residents. Hazards are identified
             with reference to the Housing Health and Safety Rating System
             (Housing Act 2004) and to the Decent Homes Standard.

      15.2   Eligibility:

             Owner-Occupiers who have owned and occupied their property
             for more than three years and are in Government Defined
             Vulnerable, subject to means test where the relevant benefit is
             not means tested. (For a definition of Government Defined
             Vulnerable and the conditions relating to means testing see
             appendix 1)

      15.3   Qualifying Works:

             i)   Measures that contribute to the property meeting the
                  ‘Decent Homes Standard’

                  A decent home is one that meets the following four criteria:

                  a)    It meets the current statutory minimum standard
                        for housing

                        It is free from category 1 hazards under HHSRS.

                  b)    It is in a reasonable state of repair

                        Dwellings which fail to meet this criterion are those
                        where either:

                        One or more of the key building components are old
                        and, because of their condition, need replacing or
                        major repair; or

                        Two or more of the other building components are old
                        and, because of their condition, need replacing or
                        major repair.




                                      43
                                                             APPENDIX 1

              c)   It has reasonably modern facilities and services

                   Dwellings which fail to meet this criterion are those
                   which lack three or more of the following:

                      a reasonably modern kitchen (20 years old or
                      less);
                      a kitchen with adequate space and layout;
                      a reasonably modern bathroom (30 years old or
                      less);
                      an appropriately located bathroom and WC;
                      adequate insulation against external noise (where
                      external noise is a problem); and
                      adequate size and layout of common areas for
                      blocks of flats.

                   A home lacking two or fewer of the above is still
                   classed as decent, therefore it is not necessary to
                   modernise kitchens and bathrooms if a home meets
                   the remaining criteria.

              d)   It provides a reasonable degree of thermal
                   comfort

                   This criterion requires dwellings to have both effective
                   insulation and efficient heating.

                   For a full explanation of the Decent Homes Standard
                   a copy of the DCLG booklet: ‘A Decent Home:
                   Definition and guidance for implementation’ can be
                   downloaded        free       or    ordered     from:
                   http://www.communities.gov.uk/publications/housing/d
                   ecenthome

       ii)    Measures that reduce identified hazards to a reasonable
              level

       iii)   Measures that assist in improving heating and energy
              efficiency in the homes of vulnerable people

15.4   The type and level of financial support:

       £0 - £2,000 Measures funded by way of a Grant (subject to
       conditions)
       £2,000 - £30,000 (or £15,000 if Equity release is introduced)
       Measures funded by way of a Loan (subject to conditions)
       £15,000 - £30,000 measures funded by way of Equity Release
       (subject to conditions)
       Maximum Loan - £30,000


                                 44
                                                               APPENDIX 1

16.0 Safe and Secure Grants

       16.1   Purpose:

              To help fund measures that overcomes the fear of crime felt by
              eligible households

       16.2   Eligibility:

              Owner-Occupiers who are Government defined vulnerable
              households.

       16.3   Qualifying works:

              Works such as but not exclusively:

                   Window locks
                   Door locks
                   Security bolts
                   Eye viewers
                   Kick panels
                   Smoke alarms
                   Security lighting

       16.4   The type and level of financial support:

              Measures funded by way of a Grant (subject to conditions)
              Maximum grant level for any one measure £500.

17.0   Careline Grants       (formerly Help at Hand)

       17.1   Purpose of grant

              To help vulnerable households live safely and independently in
              their own homes.

       17.2   Eligibility:

              Government defined vulnerable households. For works of
              assistive technology these will be clients not eligible for
              assistance from Social Services where there is an identified
              need for the works.

       17.3   Qualifying works:

              These grants are used to assist in the costs of equipment and
              installation for the provision of works such as, but not
              exclusively:




                                       45
                                                                 APPENDIX 1
                 Careline Alarms (including such necessary works as
                 electrical or telephone sockets & BT landlines)
                 Assistive technologies – including extreme temperature
                 sensors and smoke detectors.
                 Alarm links to key safes.
                 Bogus caller buttons.

       17.4   The type and level of financial support:

              Measures funded by way of a Grant (subject to conditions)

              Maximum grant level £500

18.0   Emergency Repair Grants

       18.1   Purpose of grant:

              To help vulnerable households with emergency repairs to
              alleviate the most significant hazards, where the work would be
              eligible for Home Renovation Assistance above.

       18.2   Eligibility:

              Owner-Occupiers who have owned and occupied their property
              for more than three years and are Government defined
              vulnerable households.

       18.3   Qualifying works:

              Emergency works and temporary repairs to alleviate the most
              significant hazards, where the work would be eligible for Home
              Renovation Assistance above and where such a repair will
              prevent further deterioration of the property or alleviate a
              significant hazard prior to the case being processed for HRA, or
              where the repair would alleviate the need for such an application
              to be made, for example:

                 Temporary repairs to a roof to prevent water ingress
                 Temporary repairs to windows/doors to make them weather
                 tight
                 Installation of an RCD to make older wiring safe prior to full
                 re-wiring
                 Repair to boiler or installation of an immersion heater so as
                 to provide some heating or hot water prior to the completion
                 of heating system works by another agency, but the wait for
                 such works is excessive under the circumstances.




                                      46
                                                                     APPENDIX 1

       18.4   The type and level of financial support:

              Measures funded by way of a Grant (subject to conditions)

              Maximum grant level £250.

              In terms of prioritising the demands on assistance under 1-4
              above.

              Priority 1 / first call: Addressing cat 1 & cat 2 hazards
              Priority 2 / 2nd call: Decent Homes measures

              Priority 3/ 3rd call: ‘Warm front’ top up grants and ‘home security
              grant’

19.0   Disabled Facilities Grant

In 2004 the government launched a review of the DFG programme. In early
2008 a package of changes to the programme were announced. One of the
reasons fro reviewing the programme was the need to be better prepared to
meet the rising demand.

Both locally borne out by research, and nationally we are an ageing society.
An increasing proportion of the population are older people who are the main
beneficiaries of the programme. It is inevitable that as the population grows
older the number of people living with disabilities and chronic health
conditions will increase.

Locally greater pressures may come from in-migration of older households
(SHMA research). Need to bear this in mind when planning. The area is seen
as a destination for retiring or semi-retiring households.

Nationally demand for DFG has increased constantly. Pressures on the
resources locally at this Council have increased, and as with the national
picture it is clear people with disabilities have waited too long for this
assistance.

Whilst this new policy incorporates some of the key changes to the
programme, it is important to note that the DFG remains a mandatory
entitlement. The grant is subject to an assessment of need and a test of
financial resources.

Some of the drivers for changing the programme are to make the most of the
DFG resource, create greater flexibility over how it is managed, and reduce
the level of bureaucracy involved in the process.

19.1   Purpose of grant:

       Enable disabled people and people with mobility issues to live
       independently in their own homes


                                        47
                                                                   APPENDIX 1

19.2   Eligibility:

       The DFG is available to home-owners, private and social rented
       tenants to help pay for adaptations to their homes so they can live as
       comfortably and independently as possible.

19.3   Qualifying works:

       The Housing Grants Construction and Regeneration Act 1996 lays
       down the legal framework for the DFG, and sets out the qualifying
       work.

       In general the grant can be used to fund a range of measures providing
       access to the property and the basic facilities within it. Commonly it will
       provide the following:-

          Bathroom adaptation including level access showers
          Stair lifts
          Kitchen modifications
          Provision of ramps
          Extensions to provide access to any of the above

       Other qualifying works are specified in the Housing Grants
       Construction and Regeneration Act 1996 and any subsequent
       amendments..

19.4   The type and level of financial support:

       Measures funded by way of a Grant (subject to conditions)

       Maximum Grant Limit is presently £30,000 (previously £25,000). This
       may be subject to change during the life of the policy, where this
       occurs the legal grant maxima will be applied. Where the costs of
       adaptation works are in excess of this limit any eligible applicant will be
       referred to Norfolk County Council Social Services. The County
       Council’s current policy is to fund by way of a ‘top up’ grant any gap in
       the funding to cover the costs in full. Funding could be available under
       the Additional Adaptations Assistance section of this policy (see below)
       in the event the County Council are not able to offer this funding.

19.5   Means Test

       Applicants for DFG assistance are subject to a statutory means test, for
       full details of this see appendix 4.
       The means test is not applied in the case of applications relating to
       disabled children.




                                       48
                                                                APPENDIX 1

19.6   Property Charges

       Commonly for any DFG that exceeds £5,000 a charge will be placed
       upon the adapted property. The charge will be for the value of the
       works over £5,000 to a maximum charge of £10,000. The charge will
       remain on the property for a maximum of ten years.

       The decision to waive a charge or not to place a charge can be made
       by officers in consultation with PFH Community where a charge may
       cause severe hardship or due to the sensitivities of a case would be
       inappropriate. Such circumstances are likely to be uncommon and
       therefore the waiver should not be viewed as ‘optional’.


20.0 Additional Adaptation Assistance (replaces non-mandatory DFG)

       20.1   Purpose:

              To provide assistance to help fund measures associated with
              adapting the home of a disabled person, where the nature of the
              work falls outside work funded by the DFG programme or if
              works associated with an adaptation under the DFG programme
              exceed the funding limit of £30,000.

       20.2   Eligibility:

              Have to meet Social services criteria for adaptation assistance,
              thereby being eligible for a DFG under social services criteria
              and be a Government defined vulnerable household

       20.3   Qualifying Works:

              Where works qualifying under the DFG programme exceed the
              maximum statutory DFG limit (£30,000) where the client has no
              access to private sources of funding.

              Where the total cost of an adaptation to an existing property
              significantly exceeds the cost of moving house to a suitably
              adapted or more easily adapted property and the associated
              cost of the adaptation.     In these circumstances financial
              assistance could be considered to contribute towards
              reasonable removal costs, professional fees (solicitors and
              estate agents) stamp duty, Home Improvement Agency fess (for
              housing options advice where appropriate)

              The costs associated with the provision of a shed for the
              purpose of housing a mobility scooter, and works to create
              appropriate, but reasonable access arrangements to it.




                                      49
                                                       APPENDIX 1
       The cost of adaptations to help a disabled person work from
       home.

       The provision of equipment as an alternative to an adaptation
       where this is more cost effective.

20.4   The type and level of financial support:

       £0 - £2,000 Measures funded by way of a Grant (subject to
       conditions)

       £2,000 - £30,000 (or £15,000 if Equity release is introduced)
       Measures funded by way of a Loan (subject to conditions)

       £15,000 - £30,000 measures funded by way of Equity Release
       (subject to conditions)

       Maximum Loan - £30,000




                              50
                                                                   APPENDIX 1

Appeals and Exceptional Cases
Any person aggrieved by the way this policy is administered in an individual
case has the right of appeal to the Head of Housing and Environmental Health
in the first instance.
An appeal should be in writing and sent to:
Head of Housing and Environmental Health
Borough Council of King’s Lynn and West Norfolk
King’s Court
Chapel Street
King’s Lynn
Norfolk
PE30 1EX
The appeal must set out the grounds on which the appeal is based. An appeal
will not be considered simply on the grounds that the appellant does not agree
with the policy, although any complaint about the general policy will be dealt
with by a written response. Further complaints can be addressed through the
corporate complaints procedure.
An appeal will therefore only be considered on the grounds that either the
adopted policy has not been applied correctly; or that the potential application
for assistance is so exceptional that it justifies consideration by the Council
outside the normal policy.
The Head of Housing and Environmental Health will give a full written
response to all appeals. It is not possible to set out the detailed criteria that
may comprise exceptional circumstances or the type or amount of assistance
that the Council may offer. Each appeal will be treated on the individual
circumstances of the case and will be judged against the particular financial
circumstances of the applicant, the strategic objectives of the Council, other
options available to the applicant, the resources available to the Council and
the long term public benefit.
Where a case for assistance is so exceptional that it justifies consideration by
the Council outside the normal policy, this may be approved under delegated
powers to the Executive Member.
Any complaint about the outcome of an appeal can be addressed through the
corporate complaints procedure. Details will be included in the decision letter
for all appeals.

Grant Conditions

See Appendix 2 for Discretionary Grant Conditions (To follow)

Loan Conditions

See Appendix 3 for Loan Conditions (To follow)




                                       51
     APPENDIX 1




52
                                                                   APPENDIX 1
Appendix 1

Government Defined Vulnerable.

Households on one of the following means tested Benefits:

Income Support
Income Based Job-Seekers Allowance
Child Tax Credit (with a household income of less than £15,460)
Working Tax Credit (with a disability element and household income of less
than £15,460)
Pension Credit
Council Tax Benefit

Together with the following non means tested benefits:

Disability Living Allowance
Attendance Allowance
Industrial Injuries Disablement Benefit
War Disablement Benefit

Applicants on any one of these non means tested benefits will be subject to a
means test in accordance with the current DFG requirements. Where an
applicant is found to have a contribution the amount of loan payable will be
reduced accordingly.

During the life of this policy should the Government revise or rename any
benefits or alter those in the definition of Vulnerable our policy will change in
accordance with their alterations.




                                       53
                                                                  APPENDIX 1
Appendix 4

Means Test

The Means Test is set out in the Housing Grants, Construction and
Regeneration Act 1996, and The Housing Renewal Grants Regulations 1996.
Changes to the means test were incorporated into the package of changes to
the DFG programme detailed above. The changes are summarised below:

People claiming Council Tax Benefit, Housing Benefit and tax credits for those
on low incomes will be fast tracked through the means test process as they
will not be required to provide any further financial information in addition to
these benefits. In addition the means test will be changed so that Working Tax
Credit and Child Tax Credit are not counted as income.

These changes came into force on 22nd May 2008 through Statutory
Instruments The Housing Renewal Grants (Amendment) (England)
Regulations 2008 No. 1190.




                                      54
                                                                 AGENDA ITEM 9 (iii)


               POLICY REVIEW & DEVELOPMENT REPORT

Type of Report                                 Portfolio(s):-
(Review/Consultation/Monitoring):-


Author Name:         Mr J Gilbraith            Consultations:-
Tel: 01553-616786                              Hackney Carriage & private Hire Trade

Email: john.gilbraith@West-Norfolk.gov.uk
OPEN



PR&D Panel:          COMMUNITY AND CULTURE
Date:                18 NOVEMBER 2008
Subject:             HACKNEY CARRIAGE AND                PRIVATE    HIRE    LICENSING
                     PROCEDURES & CONDITIONS



Summary
Hackney Carriage and Private Hire Licensing procedures and conditions are
currently contained within four booklets; ‘Conditions’, ‘Hackney Carriage Bylaws’,
‘Application Procedures’ and ‘Guidance on Relevance of Convictions’. These have
been reviewed and reduced into one document making the procedures clearer for
both the trade and enforcement officers.

Recommendations
That Council adopt the revised procedures and conditions



1.0   Introduction

1.1   The Borough Council of Kings Lynn and West Norfolk has adopted the
      provisions of the Local Government (Miscellaneous Provisions) Act 1976 that
      relate to the licensing of hackney carriages and private hire vehicles, Hackney
      Carriage and Private Hire drivers, and Private Hire Operators. The Act permits
      Local Authorities to attach conditions to the licences issued to vehicles,
      drivers, and operators. The purpose of this licensing regime is to ensure the
      safety of the travelling public, other road users, pedestrians, and the drivers of
      licensed vehicles. Commercial concerns of the trade can be taken into
      account but are secondary to the safety aspects of licensing.

1.2   With the exception of the age/mileage policy the current conditions have not
      been reviewed since 2004 making some conditions outdated whilst others are
      ambiguous. For example, the introduction of the smoking ban has resulted in
      Condition 1.9 becoming obsolete and Condition 1.3 has proven complicated
      for members of the Hackney Carriage and Private Hire trades to understand.
      As an example, Condition 1.3 currently reads:


                                          55
                                                               AGENDA ITEM 9 (iii)



      ‘Changes to Licences. The licensee shall notify the Head of Environmental
      Health & Housing forthwith of any changes whatsoever in the particulars
      disclosed on their driver’s licence/driver application’.

      The purpose of this condition was to require driver’s to report any convictions,
      summonses and penalty points etc.

1.3   In order to facilitate a seamless and efficient licensing service it has been
      necessary to review the current conditions with a view to replacing them with
      conditions that better reflect contemporary issues. A new set of conditions
      has been produced and is included in the ‘Hackney Carriage & Private Hire
      Licensing Procedures & Conditions and is attached to this report at Appendix
      1. The New conditions draw extensively from the old conditions however a
      number of conditions has been rationalised. Additional conditions have been
      attached were they are deemed appropriate and necessary.

2.0   Consultation

2.1   The trade were consulted on the proposed procedures and conditions
      between the 15th July 2008 and 30th September 2008. The response to the
      consultation was disappointing with only 71 responses (20%) received from
      the trade and 52 of those was a petition from the Hackney Carriage
      Association. A breakdown of those responses is attached to this report at
      Appendix 2.

2.2   Following due consideration to the responses received and with the
      agreement of the Portfolio Holder for Community the following conditions will
      be removed from the proposals:

      2.2.1 Condition 3.19 (Tilting Seats). This proposal has raised the greatest
            concern amongst the trade and further research is merited. Whilst the
            proposal was put forward on the same basis that we do not licence
            three-door hatchback vehicles modern vehicles, including purpose built
            ‘London style’ taxis appear to function without risk to public safety.

      2.2.2 Condition 3.24 (Length of Hackney Carriage). The condition proposed
            a maximum length of 5 metres to avoid vehicles taking up excessive
            space on the rank. Some of the current wheelchair accessible vehicles
            already exceed 5 metres and a reduction in length would impact in
            space available for wheelchairs and/or luggage.

      2.2.3 Condition 7.2.3 (Driver Standards Agency (DSA)). The proposal would
            all new drivers to pass the DSA test before issuing a licence. However,
            although a number of licensing authorities require this as part of the
            application process we are not aware of any tangible evidence that
            shows that it increase public safety.




                                         56
                                                                AGENDA ITEM 9 (iii)

2.3   Following comments received from the trade and further investigation by
      Licensing Enforcement Officers, the following conditions will be amended or
      modified:

      2.3.1 Conditions 3.58 – 3.61 (LPG). This will be amended to reflect that
            installation of LPG systems would be in accordance with Code of
            Practice 11.

      2.3.2 Condition 4.4 (Wheelchair Occupants Space). Concern from the trade
            that 1500mm is too generous and therefore the height requirement will
            remain at 1300mm.

      2.3.3 Condition 3.54 (Upholstery). Will be amended to reflect ‘fair wear &
            tear’.

3.0   Statutory Implications

3.1   In order not to exacerbate crime and disorder, particularly late at night, it is
      essential that there is a fleet of safe, properly licensed taxis and private hire
      vehicles to take people home. The new conditions will help to ensure that the
      trade fully understands its obligations and that enforcement will be more
      straightforward and transparent.

4.0   Background papers

1.    Hackney Carriage & Private Hire Licensing Procedures & Conditions (Revised
      June 2008) (appendix 1)
2.    Summary of responses received from trade (Appendix 2)
3.    Comments from the Licensing and Appeals Board 23 October 2008 (Appendix
      3)




                                         57
                               APPENDIX 1
APPEN




         HACKNEY CARRIAGE
               AND
           PRIVATE HIRE

        LICENSING PROCEDURES
             & CONDITIONS




                 58
Table of Contents
                             Content             Paragraph
Introduction                                         1.0
       The Council’s Role in Taxi Licensing          1.2
       Licensing & Appeals Panel                    1.17
       The Hearing                                  1.21
       Right of Appeal                              1.27
Application Process                                  2.0
       Criminal Records Bureau (CRB)                 2.2
       Driver’s Medical                              2.7
       DVLA Mandate                                  2.8
       Operators Application                        2.10
       Vehicle Application                          2.11
All Vehicles                                         3.0
       Duration of Licence                           3.2
       Vehicle Licence Renewals                      3.3
       Vehicle Replacement                           3.4
       Insurance                                     3.7
       Excise Licence & Registration documents      3.10
       Age Requirements                             3.12
       Vehicle Specifications                       3.18
       Roof & Boot Racks                            3.32
       Passenger Limits                             3.33
       Carriage of Portable Oxygen Tanks            3.34
       Vehicle Testing Standards                    3.35
       Accidents                                    3.44
       Fire Extinguishers                           3.46
       First Aid                                    3.48
       Radio Scanning Devices & CCTV                3.51
       LPG                                          3.58
       Tinted Windows                               3.62
       Advertising                                  3.67
       Licence Plates                               3.69
       Complaints                                   3.76
Hackney Carriage Vehicles                            4.0
       Wheelchair Accessible Specifications          4.2
       Insurance                                    4.10
       Transfer of Interest                         4.13
       Taximeters                                   4.15
       Roof Signs                                   4.25
       Vehicle Inspections                          4.29
       Unattended Taxis                             4.36




                                       59
Private Hire Vehicles                                               5.0
       Roof Signs                                                   5.1
       Signage                                                      5.2
       Transfer of Vehicle                                          5.4
Special Event Vehicles                                              6.0
       Sale of Alcohol                                              6.2
       Types of Vehicle                                             6.3
       Age Requirements                                             6.4
       Licence Plate                                                6.7
       Dress Code                                                   6.9
       Stretched Limousines                                        6.11
       Replacement parts                                           6.15
       Window tints                                                6.16
Drivers                                                             7.0
       General requirements                                         7.1
       Conduct of Driver                                           7.12
       Change of Address                                           7.13
       Change of Operator                                          7.14
       Convictions, Cautions, Driving Offences & Charges           7.15
       Badges                                                      7.19
       Lost Property                                               7.28
       Animals                                                     7.30
       Fare to be demanded/Receipts                                7.33
Private Hire Operators                                              8.0
       General requirements                                         8.1
       Complaints                                                  8.21
       Change of Address                                           8.22
       Convictions                                                 8.23
Hackney Carriage Driver Byelaws                                     9.0
Penalty Points Systems                                             10.0
Town Police Clauses Act 1847 (Summary of Offences)                 11.0
LG (MP) Act 1976 (Hackney Carriage Provisions)                     12.0
LG (MP) Act 1976 (Private Hire Provisions)                         13.0
Vehicle Accident Notification Form                                Annex A
Guidelines relating to the relevance of convictions               Annex B
HC & PH Vehicle Compliance Testing Standards (Code of Practice)   Annex C




                                       60
1.0 Introduction
1.1   The Borough Council of King's Lynn & West Norfolk is situated in the
      County of Norfolk.      The Council area has a population of
      approximately 142,000 making it the largest in the County in terms of
      population. In terms of area it is also the largest, covering 1428.76
      square kilometres (551 square miles). The Council area is mainly rural
      with urban areas of King’s Lynn, Downham Market and Hunstanton.
      These areas are shown on the following map:




The Council’s Role in Taxi Licensing
1.2   The Council is responsible for the licensing of all hire vehicles which
      operate within the district, which are provided with a driver and
      operated with less than nine passenger seats.

1.3   There are two types of vehicle: public hire vehicles (hackney
      carriages) and vehicles which are only available by prior booking
      arrangement (private hire vehicles). Although the description ‘taxi’
      should only be applied to a hackney carriage any hire vehicle is usually
      known as a ‘taxi’ by the public.

1.4   Before any vehicle is licensed it must be tested at one of the Council’s
      approved garages. The test covers the vehicle's mechanics and
      general appearance, which includes the comfort for passengers and
      the reliability of any meter fitted.

1.5   Private Hire vehicles may only undertake journeys in response to
      advance bookings. The Council is also responsible for granting private
      hire operators licences for the premises at which these bookings are
      made.


                                     61
1.6    The Council is responsible for the licensing of the drivers of both
       classes of vehicle. Within the scope of legislation the Council ensures
       that all drivers are ‘fit and proper persons’ to be licensed by carrying
       out checks on an applicant’s background.

1.7    The Borough Council issue dual driver’s licences to all successful
       applicants, which enables the holder to driver either a hackney carriage
       vehicle or a private hire vehicle provided that these vehicles are
       licensed by this authority.

1.8    As part of ensuring drivers are suitable for the job, the Council carries
       out enhanced criminal records checks. For more information, visit the
       Criminal Records Bureau (CRB) website at www.disclosure.gov.uk.

1.9    The Council also has a responsibility as the 'Enforcement Agency' of
       the drivers, vehicles and operators it has licensed. Enforcement covers
       offences related to ‘taxi’ legislation, drivers’ behaviour, the condition of
       the vehicles and the investigation of complaints made by the public
       against any licence holder.

1.10   As well as granting and issuing licences the Council also has the power
       to suspend or revoke licences and take Court action if necessary
       against any offending licence holder.

1.11   Licensing and enforcement is carried out by Council officers appointed
       ‘Authorised Officers’ for that purpose and they have been issued with
       written authority to do so as well as having a Council identity badge.

Wheelchair accessible hire vehicles

1.12   There are a growing number of wheelchair accessible vehicles
       available in West Norfolk which are licensed by the Council. All new
       Hackney Carriage Vehicles registered with the Council must be
       wheelchair accessible.

1.13   The Council welcomes views and information from the public regarding
       their needs for wheelchair accessible vehicles, the availability of
       currently licensed vehicles or what would help to provide an efficient
       ‘taxi’ service for people with physical disabilities.

Hackney Carriage/Private Hire Drivers Licences

1.14   In considering new applications for Hackney Carriage/Private Hire
       Drivers Licences and also any breaches during the currency of a
       licence, the Council must be satisfied that drivers are fit and proper
       persons to hold a Licence.

1.15   In doing so, they must have regard to all convictions, police cautions,
       charges,    driving  convictions,   complaints      of   unacceptable



                                        62
       conduct/behaviour, breach of licence conditions and other convictions
       obtained during the course of a Licence.

1.16   When such circumstances occur the application may be referred to a
       Panel of the Licensing & Appeals Board for determination.

Referral to the Licensing & Appeals Panel

1.17   Where an applicant or a driver is referred to the Panel for
       consideration, they will be notified in writing of the reason and the date,
       time and venue of the Panel hearing.

1.18   They will be advised that they may bring a representative to the
       hearing. The representative may be a friend, legal representative or a
       representative from the trade whom they wish to assist them in
       addressing the Panel in support of their application/disciplinary hearing.
       But please note that any consultation with a representative should take
       place in advance of the hearing date and not just prior to the meeting.
       This will ensure that their case is well prepared for Panel consideration.

The Licensing & Appeals Panel

1.19   The Panel will consist of members made up of Borough Councillors. A
       Chairman is appointed to supervise the Committee during the process.
       The Committee may be advised by a legal representative.

1.20   A number of Council Officers may also attend the hearing, in an
       advisory capacity. However, they do not take part in the decision
       making process.

The Hearing

1.21   A number of applications and disciplinary matters could be considered
       on the day. Each matter will be considered on its own merits and the
       public will be excluded to protect confidentiality were appropriate. In
       these circumstances the public will not have access to the meeting
       unless the applicant requests that they should.

1.22   When a person is called to appear before the Panel they and their
       representative and any complainants will be guided to their seats. They
       will be asked if they have received a copy of the report regarding the
       circumstances surrounding their case. The Panel will already have a
       copy of the report. Where the case arises from a complaint, the
       complainant, if present, will be asked to explain their complaint to the
       Panel. They will then be given the opportunity to question the
       complainant.

1.23   They will be asked to describe the circumstances surrounding the
       convictions or incident concerned and asked to demonstrate to the
       Panel why they think they are a fit and proper person to hold a



                                       63
       Hackney Carriage/ Private Hire Drivers Licence or why they feel
       disciplinary action should not be taken.

The Decision

1.24   When considering convictions, the Panel will have regard to the
       ‘Guidelines relating to the Relevance of Convictions’ a copy of which is
       attached at Annex B.

1.25   After hearing the evidence and representations from all parties, the
       Panel will retire to make their decision.

1.26   As soon as the Panel have come to a decision they will to return to the
       room and inform the persons of their decision. The person will also be
       advised of the decision in writing together with their rights of appeal.
       The Panel have a number of options which include the following:

          Grant or refuse application
          Take no action
          Issue a verbal warning
          Suspend or revoke Licence
          Apply conditions to the licence

Right of Appeal

1.27   If the Panel decide to refuse the grant of a Vehicle, Operator or Drivers
       Licence, or in the case of a disciplinary hearing, decide to suspend or
       revoke a Drivers Licence, the person will have the right of appeal to a
       Magistrates Court. In the case of refusal to grant a Hackney Carriage
       Proprietors Licence, appeal will be to the Crown Court.

General Advice

1.28   The Licensing & Appeal Panel is a formal meeting where members sit
       in a quasi-judicial manner. This means that the Panel has to act in a
       similar fashion to a Court or Tribunal. It is therefore important that
       persons appearing before Committee should behave and dress in an
       appropriate manner.

1.29   If a person appears before the Panel following a complaint about their
       conduct,    they   should    not    attempt    to   speak    to    the
       complainants/witnesses prior to the meeting as this could be deemed
       to be harassment.

Serving of Notices

1.30   Sub-sections (2) to (5) of S23 of the Local Government Act 1972 shall
       have effect and are incorporated in the conditions for vehicles,
       operators and drivers in relation to any notices required or authorised
       by the conditions to be given or served on the licensee by or on behalf
       of the Council or any authorised officer.

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2.0 Application Process
Driver Application

2.1   In addition to the application form, all applications for driver licence
      must be accompanied by the following:
      1.   Criminal Record Bureau Disclosure form (CRB)
      2.   Driver’s Medical
      3.   DVLA Driver’s Licence & Mandate
      4.   Fees

Criminal Record Bureau Disclosure form (CRB)

2.2   As part of the application process, the Borough Council will obtain (with
      the applicants consent) a Criminal Record Disclosure to ‘enhanced’
      standard. The Borough Council of King’s Lynn & West Norfolk are a
      ‘registered’ body with the CRB and as such, applications for
      disclosures must be made via this Authority on one of our pre-printed
      forms. These are available from the Council’s Licensing team. When
      you return your completed form to this department you will be asked for
      a payment to cover the cost of the CRB process (A cheque should be
      made payable to BCKLWN). The CRB process takes can take up to 8
      weeks.

2.3   Once you have completed the form in Black Capital Letters return it to
      this department with the relevant identification. The information will be
      examined by a member of staff and the details entered onto the back
      page of the form. The Licensing Officer will check, sign and send your
      CRB form to the Criminal Record Bureau. You will be required to
      provide us with a new Criminal Record Bureau check every 3 years
      unless your licence expires beforehand. Should you wish to re-apply
      you would be required to submit a new CRB disclosure.

2.4   The Criminal Record Bureau will send copies of the Disclosure to this
      department and to the applicant. A disclosure with no convictions will
      be processed; the disclosure number recorded and the date of issue
      will be entered onto our computer system. A Disclosure with
      conviction/s may not necessarily mean that you are not a “fit and
      proper” person to hold a licence. Council officers only have delegated
      powers to deal with certain convictions. Depending on the type and age
      of conviction we may offer you a licence, refuse a licence under
      delegated powers or we may refer you to the licensing and appeals
      board to determine whether you are a “fit and proper” person.

2.5   The Data Protection Act 1998 does not allow this authority to hold
      personal CRB details on record, thus after the decision has been made
      whether or not to grant a licence, disclosures are destroyed.

2.6   Applicants for taxi and private hire licensing are exempt from the
      Rehabilitation of Offenders Act 1988. Therefore all convictions,


                                     65
       regardless of how long ago may be taken in consideration when
       determining applications. However, in the determining the relevance of
       convictions the Panel will take into account the type of offence, the age
       of the applicant at the time of the offence and the apparent seriousness
       of the offence.

2.7    Driver’s Medical. May only be carried out by registered Medical
       Practitioners. The driver’s application form contains the medical form,
       which your doctor will be required to complete. Medicals for people
       under 60 years of age will last for a maximum of 4 years from the date
       of issue unless there is a medical condition which may affect driving
       ability. Persons over 60 years of age or with a controlled medical
       condition are required to under go a full medical annually.

2.8    DVLA Driver’s Licence & Mandate. You will need to supply your
       DVLA driving licence with your current address. Holders of Photo-card
       driver’s licence are required to supply the paper and the photo card
       parts. There is a DVLA mandate form on each application that must be
       completed and signed. This will be sent to the DVLA to obtain your
       driving licence history. This process takes an average of two weeks.

2.9    Fees. Applications with all the relevant supporting documentation will
       not be accepted without the appropriate fee.

Please note: If you have more than 6 penalty points and/or any previous
convictions on your drivers licence we may refer your application to a
Licensing & Appeals Panel Hearing to ascertain whether you are a ‘fit and
proper’ person to hold a licence.

Operators Application

2.10   Any driver who receives bookings or has contracts for the hire and
       reward for a private hire vehicle is required to hold an operators
       licence. The application must be accompanied with a list of vehicles
       and drivers used by the operator. An operator must be a ‘fit and proper
       person’ and is therefore subject to a CRB check (see above).

Vehicle Application

2.11   A vehicle application can be processed within 3 days if all the relevant
       information has been supplied as below and the vehicle meets current
       conditions (i.e. age/mileage).

2.12   Registration Document or Bill of Sale You will need to prove that you
       are the owner of the vehicle by providing an original copy of the
       vehicles V5 (vehicle document) or a bill of sale for that vehicle.

2.13   Insurance Certificate To enable us to licence a vehicle we require
       sight of an original valid insurance policy or cover note for that vehicle
       covering the vehicle for Private Hire and/or Hackney Carriage work.



                                       66
2.14   Vehicle Inspection / MOT All vehicles licensed by this Authority
       require inspection at an approved garage (approved garages can be
       found on the vehicle application form). The inspection certificate
       granted by an approved testing station replaces the need for a
       department of transport certificate but does include the same testing
       procedures and standards as a normal MOT. The Inspection Certificate
       is issued for a period of twelve months.

All documentation must be originals. Photocopies, scanned or fax copy is not
acceptable under any circumstances.




                                    67
3.0   All Vehicles

3.1   The Council will not grant or renew a licence unless satisfied that the
      vehicle is suitable to be a licensed vehicle, is in a suitable mechanical
      condition, safe and comfortable.

Duration of Licence

3.2   A vehicle licence, once granted, will be for one year, except in the case
      of a vehicle replacement; see Condition 3.5 (below).

Vehicle Licence Renewals

3.3   Vehicle renewal applications will be accepted up to one calendar month
      before they are due to expire providing the MOT certificate is no more
      than one calendar month older than the renewal date. Vehicle licences
      will not be granted an earlier renewal date than their current expiry
      date.

Vehicle Replacement

3.4   Where a vehicle is off the road due to accident damage, subject to
      satisfactory documentary evidence being produced to the authorised
      officer, the Council may allow a replacement vehicle that meets the
      Council’s criteria for a hackney carriage/private hire vehicle.

3.5   The vehicle will be licensed as a replacement for the accident damaged
      vehicle for a period not exceeding 3 months. A 50% reduction to the
      normal application fee and a full licence plate fee will be required.

3.6   Whilst being repaired, the vehicle licence will be temporarily suspended
      and the licence plate must be returned to the authority. Once repaired,
      a new vehicle inspection report must be produced and the suspended
      licence will be re-instated.

Insurance

3.7   A vehicle must have a current certificate of insurance or cover note
      which clearly covers the use to which the vehicle is to be put.

3.8   It shall be the responsibility of the proprietor of a licensed vehicle to
      produce proof of continuous insurance cover. The insurance proof is to
      be reviewed by the licensing authority within seven days of the expiry
      of the preceding certificate or cover note.

3.9   If the proprietor fails to produce a certificate of insurance cover on
      request he shall produce it forthwith or within seven clear days of the
      request to an authorised officer of the Council. Failure to comply shall
      result in suspension of the vehicle licence.



                                     68
Excise Licence (Road Tax) & Vehicle Registration Document (V5)

3.10   There should be a valid excise licence for the vehicle.

3.11   A vehicle registration document must be produced at the grant or
       renewal of a licence.

Age Requirement

3.12   All Hackney Carriage and Private Hire Vehicles will not normally be
       considered for licensing unless they are under 3 years of age from date
       of first registration (date as shown on DVLA registration document) and
       accrued less than 60.000 miles. Vehicles presented for licensing
       outside these criteria will be dealt with as follows:

3.13   Vehicles that are over 3 but less than 4 years old with 50,000 miles or
       less; or vehicles up to 2 years old with more than 60,000 miles but less
       than 70, 000 miles will be considered by a Panel of the Licensing &
       Appeals Board who may grant the licence if the vehicle is ‘exceptional’.

3.14   In the following list are factors the Panel will take into consideration in
       determining ‘exceptional’, but it is not exhaustive:

       (a) Condition of bodywork (e.g. no dents, scratches, stone, chips or rust
           around wheel arches);
       (b) Original manufacturer’s colour and trim combination;
       (c) Clean and immaculate interior, in original condition, free of damage
           and with only minor wear and tear;
       (d) Full manufacturers acceptable main dealer service history showing
           regular service dates;
       (e) Full documentation (i.e. garage receipts showing schedule of works
           carried out);

3.15   Any vehicles presented for licensing that do not meet the above criteria
       will be refused using delegated powers.

3.16   Renewal of Vehicle Licences. Renewal applications for all Hackney
       Carriages and Private Hire Vehicles will only be granted up to the 10th
       anniversary of first vehicle registration (date as shown on DVLA V5
       registration document) regardless of the date the licence is renewed,
       unless the vehicle is in exceptional condition. The factors outlined in
       Condition 3.14 (above) will be taken into consideration.

Exceptions to Age Requirement

3.17   Special Event Vehicles are exempt from the general age policy and fall
       into the categories below:

          Executive Vehicles presented for licensing for the first time must not
          be older than 3 years on the day the application is received.



                                       69
          American Stretch Limousines presented for licensing for the first
          time must not be older than 7 years on the day the application is
          received.
          Historic Vehicles presented for licensing for the first time must not
          be constructed after 1st January 1973. Note: In accordance with
          DVLA taxation class for Historic Vehicles.

Vehicle Specifications

3.18   The vehicle shall have four side opening doors (designed for the
       purpose of permitting persons access to/from the interior) - any lift-up
       tailgate shall not be included; or a vehicle shall have three side opening
       doors (designed for the purpose of permitting persons access to/from
       the interior) and two rear opening doors (designed for the purpose of
       permitting persons access to/from the interior).

3.19   Any seat adjacent to the nearside door of the passenger compartment
       of a vehicle must be removed to permit clear and unobstructed entry to
       and exit from the back row seating of the compartment. No person
       entering or exiting from a vehicle should have to remove or dismantle
       any seat or other obstacle, or to climb over any person being carried in
       the vehicle, or have any other person leave their seat to facilitate them
       entering or exiting the vehicle.

3.20   Any vehicle’s suitability for licensing will also be determined by the
       positioning of its seating, fittings and fixtures for the ingress and egress
       of passengers and their safety.

3.21   The vehicle must be right-hand drive.

3.22   The vehicle must have EU Type Approval

3.23   If 3.22 above cannot be satisfied then a Department of Transport
       Certificate of Single Vehicle Approval must be produced.

3.24   In the case of Hackney Carriages a vehicle should not be of such a
       length which takes up excessive space on a taxi rank and in any case
       the vehicle must not be in excess of 5 metres in length.

3.25   In the case of a Private Hire vehicle its appearance must not lead
       people to believe it is a Hackney Carriage.

3.26   No vehicle will be licensed unless it can accommodate at least four
       passengers.

3.27   The vehicle must have seats with a minimum width of not less than
       400mm per person.

3.28   The vehicle shall be fitted with appropriate seatbelts to the front and
       rear seats of the vehicle. The number of seat belts fitted to the vehicle



                                        70
       shall correspond with the number of passengers the vehicle is licensed
       to carry plus the driver.

3.29   All wheelchair accessible vehicles shall be properly equipped with
       properly mounted fittings for the safe securing of a wheelchair and a
       passenger seated in it, when carried in the vehicle.

3.30   If a mechanical hoist is fitted to the vehicle this will be required to be
       inspected annually by the manufacturer or his approved agent and a
       certificate produced to that effect.

3.31   Estate versions of saloon vehicles fitted with seats in the rear luggage
       compartment will be licensed for a maximum of 4 passengers.

Roof and Boot Racks

3.32   No roof or boot racks may be fitted to Licensed Hackney Carriages
       during the currency of the licence.

Passenger Limits

3.33   Vehicles capable of carrying up to eight passengers but without an
       aisle or free access to a door for each passenger will be licensed to
       carry four passengers.

Carriage of Portable Oxygen Tanks

3.34   Hackney carriage/private hire vehicle drivers will accept the carriage of
       portable oxygen tanks for passengers that require their usage for
       medical purposes.

Vehicle Test Standards

Vehicle Testing

3.35   No vehicle shall be first licensed or re-licensed unless the vehicle has
       passed the vehicle inspection at one of the Borough Council’s
       approved testing stations. All Hackney Carriage & Private Hire vehicles
       after 5 years (date as shown on DVLA V5 registration document) shall
       have a vehicle inspection at an approved Vehicle Testing Station every
       6 months. In addition, an authorise officer of the Borough council shall
       inspect all vehicles for first licensing and upon renewal.

3.36   The Authority will not grant/renew a vehicle licence unless the person
       examining it (for the Authority) has confirmed that it meets the
       standards specified in The Council’s Hackney Carriage & Private Hire
       Vehicle Compliance Testing Standards Code of Practice (See Annex
       C) and, at the same time, the vehicle has been certified roadworthy to
       MOT standard and has a current MOT certificate. Vehicles of a class
       that are not subject to ‘EU Type approval’ and are being tested for the
       first time will be additionally tested to ensure tyres and any other aspect


                                       71
       of the vehicle are safe and mechanically sound for the benefit of
       passenger.

3.37   Costs of such testing must be paid by the person wishing to licence the
       vehicle. In addition the history of the vehicle will be taken into
       consideration when determining whether the vehicle should be
       licensed.

3.38   A vehicle may be required to be re-examined, when the licence has
       been in force for six months, to ensure that it continues to meet the
       standards referred to in (a) above

3.39   A vehicle which fails an inspection/safety check during the currency of
       a licence with The Council will have the fault(s) rectified and the vehicle
       re-inspected at the same testing station within 2 months of the original
       inspection – failure to do so will lead to the automatic revocation of the
       vehicle licence.

3.40   A vehicle may be inspected by an authorised officer of the Council or a
       Police Officer, at any reasonable time. If the person inspecting the
       vehicle is not satisfied as to the fitness of the vehicle he may give
       written notice to the proprietor/operator to make the vehicle available
       for further inspection and testing at such reasonable time and place as
       may be specified and the vehicle licence may be suspended until the
       authorised officer or police officer is so satisfied. If the authorised
       officer or police officer is not satisfied within two months of the initial
       inspection the Vehicle licence shall be deemed revoked. An authorised
       officer or police officer may permit other persons to examine the vehicle
       on their behalf (e.g. VOSA).

Altered Vehicles

3.41   Any vehicle which has been altered from the original manufacturers
       specification, re-registered or has been an insurance loss shall only be
       considered for licensing if the vehicle has been subjected to a
       satisfactory SVA test (engineers report) from the Vehicle & Operator
       Services Agency (VOSA). Vehicles without a VOSA engineers report
       will only be considered for licensing if they have been built to the
       manufacturers original specification.

Vehicle Inspections

3.42   All vehicles being presented for testing at the approved Council testing
       station shall be in clean condition. The under chassis should have been
       cleaned to allow the tester to inspect the vehicle. The tester may refuse
       to test a vehicle that does not conform to this requirement.




                                       72
Exterior Bodywork and Wheel trims

3.43   The bodywork of the vehicle shall be in good condition and shall be as
       originally fitted by the manufacturer. Wheel trims must be fitted to all
       road wheels where part of the manufacturer’s original specification.

Vehicle Accidents

3.44   The proprietor of a private hire/hackney carriage vehicle must report to
       the council (by way of a prescribed accident notification form) as soon
       as possible or in any event within 72 hours, any accident which has
       caused damage to the vehicle or to any other property (i.e. other
       vehicle, fence post etc). An example of the accident notification form is
       attached at Annex A. Forms for completion can be obtained from the
       Licensing Team.

First Aid and Fire Equipment

3.45   The following equipment shall be provided and maintained in all
       licensed vehicles at all times.

Fire Extinguisher

3.46   To be carried in such a position as to be readily accessible and
       available in any emergency. The fire extinguisher should be either a
       1kg dry powder or a 2 litre AFFF. Fire extinguishers must be
       maintained in accordance with BS5306 Part 3 i.e. they must have an
       annual service, a five-yearly service and refilled. These tests must be
       carried out by a BAFE certified engineer and new tags and seals must
       be placed on each extinguisher after inspection.

3.47   Unique identification tags will be provided for each extinguisher and
       must be affixed to the extinguisher at all times.

First Aid
3.48   A standard size and type of first aid equipment which complies with the
       requirements laid down by the Department of Transport for taxis and
       minibuses and to contain not less than:

            10 x medifresh antiseptic wipes or equivalent
            1 x 7.5cm bandage
            2 x triangular bandages
            24 x assorted plasters
            3 x large ambulance dressings
            2 x eye pads and elastic to secure
            12 x assorted safety pins
            1 x pair scissors
            2 x pairs disposable gloves




                                       73
Change of Address
3.49   A licence holder on changing address shall notify the Council of such
       change within 7 days.

Citizen Band Radios
3.50   No citizen band radios may be fitted in any Hackney Carriage or
       Private Hire Vehicle whilst it is licensed.

Radio Scanning Devices
3.51   No radio scanning devices of whatsoever type or sort may be fitted to,
       carried in or used in or in the vicinity of any Hackney Carriage or
       Private Hire Vehicle during the currency of the licence.

CCTV Cameras
3.52   Licensed Vehicle properties may, subject to the written approval of the
       Council, install and use a visible closed circuit TV surveillance camera
       in their vehicles for the purposes of personal safety and as a deterrent
       only.

3.53   If an approved camera is fitted a sign must be displayed inside the
       vehicle, visible to passengers, stating ‘Closed circuit TV surveillance in
       operation’. Similar signs shall be displayed outside the vehicle to warn
       prospective customers of the possible use of the surveillance camera.

Upholstery

3.54   All upholstery shall be clean and in a well maintained condition. No
       tear, crack, hole or burn will be acceptable. Upholstery includes seats,
       headrests, armrests, carpets and other trim.

Ventilation

3.55   All vehicles shall have suitable and adequate ventilation.

Fittings

3.56   All fittings shall be properly maintained and in good working order.
       Fittings include clocks, interior lights, sun blinds, door surrounds, grab
       handles, other equipment provided for passenger comfort and any
       equipment in, on or forming part of the vehicle including wheelchair
       ramps and securing fitments where the vehicle is to be licensed to
       carry wheelchair bound passengers.

Roof and Floor Coverings

3.57   These should be clean and in good condition, with no tears or other
       damage.




                                       74
LPG Conversions for existing licensed vehicles

3.58   Any vehicle proprietor converting their licensed vehicle to run on Liquid
       Petroleum Gas (LPG) must notify the Council of such change and
       comply with the following conditions.

          That the installation of a LPG tank can be undertaken by an LPG
          approved installer.
          That the proprietor produces a certificate of compliance by an
          approved LPGA installer.
          That the LPG tank fitted must be a multi-valve tank and be fitted
          with a sealed tank box made from aluminium and vented to the
          atmosphere.
          That the vehicle displays on the front and rear screens, a sticker
          stating that the vehicle has been fitted with a LPG tank for the
          purpose of alerting the emergency services in the event of an
          accident.
          If a doughnut tank is fitted in the spare wheel well of the boot, the
          spare wheel must be securely placed in a position not obstructing
          the entire luggage space.
          The proprietor of the vehicle must notify DVLA Swansea of the
          change in fuel from petrol to both LPG and petrol.
          The vehicle must be annually serviced by a person competent in
          LPG powered vehicles.

New applicants - Vehicles Powered by Liquid Petroleum Gas (LPG)

3.59   An applicant for a licence involving a vehicle which has been converted
       to run on LPG will be required to produce, prior to a licence being
       issued, a certificate issued by a member of the LP Association
       confirming that the LPG installation conforms with the Association’s
       Code of Practice and is therefore considered safe.

3.60   The vehicle will be required to undergo an annual service by a person
       competent in LPG powered vehicles in addition to the Councils Manual
       of Inspection Standards.

3.61   If an LPG conversion involves installation of an LPG fuel tank in a
       vehicle’s boot space (and possible relocation of the spare wheel) it
       shall be a requirement that an amount of space shall remain free for
       the storage of a reasonable amount of luggage and any spare wheel
       displaced as a result must be stored in a location that does not impinge
       on the passenger carrying area of a vehicle.

Tinted Windows.

3.62   No glass, with the exception of a tinted sun-strip along the top of the
       windscreen, shall be tinted to such an extent as to obscure the view of
       the inside of the vehicle under normal workshop lighting conditions
       from a distance of 4 metres. Stretched Limousines are exempt from
       this requirement.

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Unfit Vehicle Notices

3.63   Unfit Vehicle notices can be issued by Authorised Officers and Police
       Officers where vehicle defects give cause for concern.

3.64   Immediate Unfit Notices will be given if the vehicle appears to be
       unsafe to carry members of the public. Once a Notice is issued the
       vehicle must not be used for hire with immediate effect. The vehicle
       must be presented to either an officer or the Councils approved testing
       station with the faults rectified. Only after this will the Notice be lifted
       and the vehicle can then be used for hire.

3.65   If the Notice is not lifted within 2 months, the vehicle licence will be
       revoked.

3.66   Deferred Notices can be issued which means the vehicle can continue
       to be used for the time specified and the faults rectified within a
       specified time. When the faults are rectified the vehicle must be
       presented to a Council approved testing station for inspection.

Advertising on outside of vehicle

3.67   The Council will allow advertisements to be placed upon a vehicle
       subject to the following:

          The proprietor of a licensed vehicle shall not display or permit to be
          displayed on the vehicle any sign or advertisement whatsoever
          unless written permission has been obtained from the Council.
          Advertising is to be limited to the back door panels of licensed
          vehicles only. Advertising on parts of the vehicle in addition to the
          back door panels may be considered but only after prior written
          approval of the Council has been given. However, no advertising
          will be permitted on the windows of the vehicle.
          All advertisements shall comply with the British Code of Advertising
          Practice and shall be in a form acceptable to the Advertising
          Standards Authority. The Council reserves the right to require the
          licencee to withdraw from display any advertisement which may be
          considered inaccurate, misleading, unlawful, defamatory, in bad
          taste or of an unacceptable standard.
          No advertisement will be permitted that relates to or advertises
          alcohol, nudity, gambling, smoking materials or others of a political
          nature.
          The same advertising must be displayed on the nearside and
          offside doors of vehicles.
          Any advertising may cover both doors.
          Advertising may not be stuck over door trims. Door trims may not
          be removed to accommodate advertising.
          In the case of Private Hire Vehicles advertising is subject to the
          specific     exclusion of the words "taxi", "cab" or "hire" the use of
          which will not be permitted.


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3.68   The council reserves the right to withdraw from display any
       advertisement which may be considered inaccurate, misleading,
       unlawful, defamatory, in bad taste or of an unacceptable standard.

Vehicle Identification
External Licence Plate

3.69   The vehicle licence plate shall be securely fixed and displayed outside
       and on the rear of the vehicle and shall be clearly visible during daylight
       hours from a distance of not less than 5 metres. The licence plate must
       not obstruct any signage prescribed by the Council or any lights or the
       vehicles registration mark. Any items such as towbars must not
       obstruct the licence plate.

3.70   The licence plate shall be displayed in a vertical position and firmly
       fixed to the outside of the vehicle at the rear. Velcro or cable tie
       fastenings shall not be permitted. The plate must be prominently
       displayed as to be readily visible to members of the public and that the
       figures and numbers endorsed thereon are distinct and legible.

3.71   The licence plate is the property of The Council to whom it must be
       returned within 7 days of demand if the licence is suspended, revoked
       or not renewed for any reason. Any authorised officer is entitled to
       remove the plate from the vehicle and retain it where necessary.

Internal Licence

3.72   The internal vehicle licence shall be fixed and displayed inside the front
       window screen on the passenger side of the vehicle immediately above
       the tax disc and must not be obstructed.

Reporting a Lost, Damaged or Stolen Licence Plate

3.73   The vehicle proprietor/licensee shall inform the Council within 72 hours
       should the licence plate become lost, damaged or stolen. If lost or
       stolen, the matter shall be reported to the police and a relevant
       reference number shall be required (i.e. Crime Number or Lost
       Property reference).

List of drivers to be maintained

3.74   The vehicle proprietor/licensee shall maintain a list of names and
       addresses of all persons that have use of that licensed vehicle. The list
       shall be made available to authorised officers upon request.




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Cheques

3.75   Any licence in respect of which the licence fee has been paid by
       cheque shall not be effective until the cheque has been cleared, unless
       supported by a valid cheque guarantee card.

Complaints by hirers

3.76   Where a hirer has, during the course of a hiring, cause to make a
       complaint it is required that the hirer be given certain information to
       enable him/her to identify the driver, vehicle and proprietor if they wish
       to report the matter to the Council. For this purpose the driver must
       ensure that there is provided within the vehicle a sufficient supply of
       clean and legibly printed tickets in the following form, or substantially in
       this form:


         BOROUGH COUNCIL OF KING’S LYNN & WEST NORFOLK
         COMPLAINT RECORD

         Driver's No: ........................ Driver's Name: ...................................................
         Vehicle Plate No: ....................................................................………………..

         Keep this Ticket
         In case of complaints please contact the Licensing Team, Borough Council of
         King’s Lynn & West Norfolk, King’s Court, Chapel Street, King’s Lynn, Norfolk,
         PE30 1Ex. Tel: 01553 616600. Email: ehlicensing@west-norfolk.gov.uk




                                                        78
4.0   Hackney Carriage Vehicles
4.1   The following are conditions attached to the hackney carriage vehicle
      licence. These conditions are additional to the requirements imposed
      upon proprietors by the Town Police Clauses Act 1847 and the Local
      Government (Miscellaneous Provisions) Act 1976. Breach of any of
      these conditions may lead to suspension or revocation of the licence
      and/or prosecution. Theses conditions are equally applicable when the
      hackney carriage is being used for private hire purposes.

Wheelchair Accessible Vehicle Specifications

Restriction on Numbers of Licensed Vehicles

4.2   This Council will not restrict the number of licences that it issues. Any
      additional Hackney Carriage Vehicle licenses issued must be
      wheelchair accessible (plate 53 onwards) and comply with the
      Council’s age policy.

First Registration

4.3   Any additional Hackney Carriage Vehicle licenses issued must be
      wheelchair accessible (plate 53 onwards) and comply with condition -
      ___.

Wheelchair Occupant Space

4.4   A wheelchair space shall not be less than:
         1300mm measured in the longitudinal plane of the vehicle
         750mm measured in the transverse plane of the vehicle
         1500mm measured vertically from any part of the floor of the
         wheelchair space.
      A wheelchair space shall allow the carriage of a wheelchair and a
      wheelchair user facing the front of the vehicle.




                                    1500mm



                                 1300mm



                                      750mm




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Lifts/Ramps

4.5     Access to the vehicle must be possible from the road or pavement
        either by a lift or ramp. Any power-operated device must be capable of
        manual operation in the event of a power failure. The boarding device
        must have a safe working load of 300kg and operate under normal
        loading conditions without undue deflection.

Ramps

4.6     A ramp should be of slip resistance material and at least 750mm in
        width. The ramp should be capable of been deployed both onto the
        road and onto a 125mm high kerb. The ramp when deployed should
        be securely located at the point of entry to the vehicle. For side loading
        the ramp when deployed to the pavement should not exceed a slope of
        1:4. For rear loading the ramp when deployed to the road should not
        exceed 1:4. When not in use the ramp should be securely stored in
        such a manner as not to block any of the vehicle doors and not to
        present a hazard to the vehicle occupants.

Lifts

4.7     The lift platform must be not less than 750mm in width and not less
        than 1200mm in length. The ramp should be equipped with a device to
        prevent the wheelchair rolling off and should operate at a vertical speed
        of less than 0.15m/s.

Wheelchair securing mechanism anchorage

4.8     A 4 point anchorage system must be fitted, comprising two for
        attachment at the front of the wheelchair and two at the rear of the
        wheelchair, in accordance with ISO 10542-2.

Wheelchair securing mechanism

4.9     A securing mechanism must be provided to secure the wheelchair in
        position and the wheelchair should be locked in the direction of travel
        once the journey commences. The occupant of the wheelchair must be
        provided with an occupant restraining system (seatbelt).

Insurance

4.10    During the period of the Hackney Carriage vehicle licence, the
        proprietor shall keep in force, in relation to the use of the vehicle as a
        Hackney Carriage, a policy of insurance in respect of public hire and
        complying with the provisions of Section 145 of Part VIA Road Traffic
        Act 1988 which covers third party liability both in respect of physical
        injury or death and in respect of damage to personal belongings. The
        certificate of insurance shall be produced to an authorised officer of the
        Council for inspection whenever required.



                                        80
4.11   It shall be the responsibility of the proprietor of a hackney carriage to
       produce proof of continuous insurance cover in respect of public hire.
       The insurance proof is to be reviewed by the licensing authority within
       seven days of the expiry of the preceding certificate or cover note.

4.12   If the proprietor fails to produce a certificate of insurance cover on
       request he shall produce it forthwith or within seven clear days of the
       request to an authorised officer of the Council. Failure to comply shall
       result in suspension of the Hackney Carriage Vehicle licence.

Transfer of interest in the vehicle

4.13   If a proprietor of a licensed hackney carriage vehicle transfers his
       interest, in whole or in part, in the vehicle to any other person not
       specified in the vehicle licence he must notify the Council within 14
       days stating the name and address of the person to whom he has
       transferred his interest in the vehicle. The necessary paperwork and
       fee must also be submitted. (Section 49 Local Government
       (Miscellaneous Provisions) Act 1976).

4.14   If a proprietor of a licensed hackney vehicle transfers his interest, in
       whole or in part, in the vehicle to any other person not specified in the
       vehicle licence he must notify the Council within 14 days stating the
       name and address of the person to whom he has transferred his
       interest in the vehicle. The necessary paperwork and fee must also be
       submitted.

Taximeters

4.15   All Hackney Carriage vehicles licensed or to be licensed shall have a
       taximeter fitted. Each taximeter shall be tested by one of the Council’s
       approved testing stations in order to establish that the meter does not
       produce a fare in excess of the maximums prescribed in the current
       Hackney Carriage Fare Tariff approved by the Council.

4.16   The taximeter shall be placed in a safe position and so far as possible
       so that all letters and figures on the face thereof shall be at all times
       plainly visible to any persons being conveyed in the carriage. For that
       purpose, the letter and figures shall be capable of being suitably
       illuminated during the period of hiring.

4.17   The driver of a hackney carriage shall, at the commencement of the
       journey, activate the meter so that the word ‘Hired’ is clearly visible and
       shall keep the meter operating until the termination of the hiring –
       ‘Commencement of the journey’ means:

          When the hirer enters the vehicle.
          When the driver has attended at an appointed place, and has made
          his presence known to the hirer.
          When the driver has presented him/herself at an appointed place at
          a specified time.


                                       81
4.18   The driver of a Hackney Carriage Vehicle shall when standing or plying
       for hire keep the taximeter locked in the position in which no fare is
       recorded on the face of the taximeter and operate a sign, which shall
       bare the words ‘For Hire’ in clear legible letters.

4.19   Any taximeter fitted to a Hackney Carriage Vehicle, which has been
       adjusted or repaired shall have the taximeter retested by one of the
       Council’s approved testing stations.

4.20   The taximeter shall clearly display a fare not exceeding the rate or fare
       approved by the Council.

4.21   The taximeter and all the fitting thereof shall be so affixed to the
       carriage with security seals or other appliances that it shall not be
       practicable for any person to tamper with them except by breaking,
       damaging or permanently disabling the security seals.

Inspection of Vehicle and Taxi Meter
4.22   A taxi meter fitted to a licensed vehicle may be inspected by an
       authorised officer of the council or by a Police Officer at all reasonable
       times.

4.23   If the officer or constable inspecting the vehicle is not satisfied as to the
       fitness of the vehicle or the accuracy of the meter, he may without
       prejudice to the taxi meter condition, give written notice to the
       proprietor to make the Hackney Carriage and/or taxi meter available for
       further inspection and testing at such reasonable time and place as
       may be specified, and the vehicle licence may be suspended until the
       officer or constable is satisfied as to the vehicles fitness or as to the
       accuracy of the taxi meter.

4.24   If the officer or constable is not so satisfied within two months of the
       initial inspection, the Hackney Carriage Licence shall be deemed
       revoked.

Roof Signs
4.25   All Hackney Carriage vehicles must be fitted with roof-mounted signs.

4.26   Roof signs fitted upon a Hackney Carriage Vehicle must be white in
       colour and shall be securely fitted to the vehicle. The minimum height
       of the roof sign must not be less than 127mm. The minimum length of
       the roof sign must not be less than 406mm. Roof signs must be the
       design and shape approved by the Head of Environmental Health &
       Housing.

4.27   All Hackney Carriage Vehicle roof signs shall display the wording ‘taxi’
       on the front and the words ‘BOROUGH COUNCIL OF KING’S LYNN &
       WEST NORFOLK’ together with the carriage licence number on the



                                        82
       back (except in the case of London style cabs). The sign shall be
       capable of being illuminated internally in such a manner that the words
       ‘TAXI and the ‘BOROUGH COUNCIL OF KING’S LYNN & WEST
       NORFOLK’, together with the carriage licence number, are illuminated
       at all times when the vehicle is plying for hire, but not otherwise.

4.28   All wording and numbering shall be black in colour and the word ‘TAXI’
       must not be less than 125mm in height. Wording on the rear of the roof
       light must be not less than 25mm in height.

Vehicle Inspections
4.29   A vehicle which fails an inspection/safety check during the currency of
       a licence will have the fault (s) rectified and the vehicle re-inspected
       within 2 months of the original inspection – failure to do so will lead to
       the automatic revocation of the vehicle licence.

4.30   A Hackney Carriage may be inspected by an authorised officer of the
       council or a police officer, at all reasonable times. If the person
       inspecting the vehicle is not satisfied as to the fitness of the vehicle he
       may give written notice to the proprietor to make the vehicle available
       for further inspection and testing at such reasonable time and place as
       may be specified, and the vehicle licence may be suspended until the
       officer or police officer is so satisfied.

4.31   If the officer or police officer is not so satisfied within 2 months of the
       initial inspection the Hackney Carriage vehicle licence shall be deemed
       revoked.

Alteration of Vehicle

4.32   During the currency of the Licence, no material alteration or change in
       the specification, design, condition or appearance of the vehicle shall
       be made without the prior approval of the Council. All vehicles must
       have four doors with the exception of purpose built vehicles.

Passengers

4.33   The proprietor or owner of a Licensed Hackney Carriage shall not
       permit to be conveyed in the vehicle a greater number of persons than
       prescribed in the licence for the vehicle.

4.34   The driver of a Licensed Hackney Carriage shall not, without the
       consent of the hirer of the vehicle, convey or permit to be conveyed any
       other person in the vehicle.

4.35   A driver shall not refuse to carry fewer persons than the number
       marked on the plate.




                                       83
Unattended Taxis

4.36   No licensed Hackney Carriage may be left on a taxi rank designated by
       Section 65 Local Government (Miscellaneous Provisions) Act 1976 or a
       Local Traffic Order without a licensed driver in attendance to take care
       of it whilst plying for hire.




                                      84
5.0   Private Hire Vehicles
Roof Signs

5.1   The Council will not permit a Private Hire vehicle be fitted with a roof-
      mounted sign of any kind.

Vehicle Signage

5.2   The private hire vehicle shall not display any sign, which consists of or
      includes the word ‘Taxi’ or ‘Cab’ whether singular or plural, or ‘Hire’, or
      any word of a similar meaning or appearance to any of those words,
      whether alone or as part of another word. The only exception for use of
      the word ‘Hire’ displayed on a private hire vehicle is when the word is
      used in conjunction with the word ‘Private’ to form the word ‘Private
      Hire’.

5.3   A sign must be displayed in a prominent position on each side of the
      vehicle displaying the Borough Council logo and specifying the
      operator name, with a telephone number for bookings, with the wording
      ‘Pre-Booked Only’ or ‘Advance Bookings Only’, with letters no smaller
      than 60mm in height. The sign must be clearly visible, i.e. black or dark
      coloured signage on a black vehicle would not be permitted unless the
      sign has a light background.




                        King’s Lynn Cars
                             Pre-Booked Only
                              Tel: 01553 616600




Transfer of licence to new vehicle

5.4   Once a Hackney Carriage or Private Hire vehicle has passed first
      registration it will not be considered as a new application if a change of
      use between either category is requested. Transfers between both
      categories will be delegated to officers providing they meet all other
      relevant conditions.

Transfer of vehicle
5.5   If a proprietor of a licensed private hire vehicle transfers his interest, in
      whole or in part, in the vehicle to any other person not specified in the
      vehicle licence he must notify the Council within 14 days stating the
      name and address of the person to whom he has transferred his


                                       85
      interest in the vehicle. The necessary paperwork and fee must also be
      submitted.

Proprietors Responsibility
5.6   During the period of a licence, the holder shall be in direct control of the
      day to day running of the vehicle.




                                       86
6.0   Special Event Vehicles

Application in Writing

6.1   Any person wishing to apply for a special event vehicle licence will be
      required to apply in writing to the Head of Environmental Health &
      Housing stating the type of vehicle, and age, which they intend to use
      and the reasons why they believe that they should be considered for
      this vehicle category. Vehicles issued with a special event licence shall
      only be used for special occasions and executive business contracts.
      Vehicles licensed within this category shall not be used for everyday
      private hire use, but must work under the control of an Operator.

Sale of Alcohol

6.2   The licensee shall not facilitate the sale of alcohol unless there is in
      force an appropriate authorisation under the Licensing Act 2003 (either
      a premises licence or temporary event notice) permitting the sale of
      alcohol.

Types of Vehicle

6.3   Special event vehicles are a type of private hire vehicle and fall into the
      following 3 categories:

         Executive Vehicles;
         Stretched Limousines;
         Historic Vehicles.

Age Requirements

6.4   Executive Vehicles presented for licensing for the first time must not be
      older than 3 years on the day the application is received.

6.5   Stretch Limousines presented for licensing for the first time must not be
      older than 7 years on the day the application is received.

6.6   Historic Vehicles presented for licensing for the first time must not be
      constructed after 1st January 1973. Note: In accordance with DVLA
      taxation class for Historic Vehicles.

Licence Plate

6.7   The vehicle licence plate will be required to be fixed to the inside of the
      boot lid on the vehicle.

Communication Equipment

6.8   No vehicle shall be fitted with a two-way radio system.




                                      87
Dress Code

6.9    Drivers of vehicles will be required to observe a formal dress code.

Minimum Booking Fee

6.10   Vehicles shall not be offered for hire for less than a stipulated
       minimum-booking fee. For each booking a receipt shall be issued to
       the client.

Stretched Limousines

6.11   A “stretched limousine”, is a saloon type vehicle that has undergone an
       increase in length by extending the wheelbase after manufacture. An
       “American stretched limousine” is a stretched limousine imported from
       the USA and typically will have been manufactured originally by Lincoln
       (Ford) or Cadillac.

6.12   The purpose of this Policy and subsequent conditions is to protect
       public safety. The conditions will apply in addition to the Authority’s
       standard conditions for private hire vehicles and take account of the
       fact that stretched limousines will:

          travel generally at slower speeds than normal taxis;
          not normally overtake other vehicles;
          be easily recognisable by the hirer;
          be heavier and considerably longer than standard cars;
          be adapted or converted by someone other than the original
          manufacturer.

6.13   For the purposes of calculating the seating capacity of a vehicle the
       minimum width of a passenger seat is 400mm (16 inches). In the case
       of an ‘L’ shaped seat, sufficient space must be made available in the
       corner to prevent the passenger on one side of the corner encroaching
       on the passenger on the other side.

6.14   In the case of a stretched limousine, or American stretched limousine,
       where the vehicle has been constructed or adapted to seat up to 8
       passengers, originals of the following documentation will be required by
       the Council before an initial application for a vehicle licence can be
       considered:

          Completed importation documentation where applicable and single
          vehicle approval (SVA) certificate. Please note a Minister’s Approval
          Certificate is not acceptable.
          Proof the ‘stretch’ was performed by the manufacturer or by a
          Coachbuilder approved by the vehicle manufacturer i.e. American
          Limousines must have been built by an approved coachbuilder
          under the QVM programme for Ford Vehicles or the CMC
          programme for Cadillac Vehicles.
          DVLA Registration Document (V5).


                                      88
          Valid Certificate of Insurance, with cover for hire and reward.
          Current MOT certificate issued by an approved Testing Station.

          Where applicable, an installation certificate from a Liquefied
          Petroleum Gas Association (LPGA) Approved UK Vehicle
          Conversion Company, in the case of vehicles converted to run on
          LPG.
          Valid Road Vehicle Excise licence disc.

Replacement Parts

6.15   Any replacement parts fitted to stretch limousine vehicles must meet he
       approved standards of the stretched specifications i.e. tyres will not
       only have to meet the size specifications, but must also meet the
       weight specification.

Window Tints

6.16   Stretch limousines are exempt from Condition 3.62 regarding tinted
       windows fitted to the side and rear window glass of the vehicle. The
       driver and passenger front side window glass and the front windscreen
       (cockpit area) must comply with Condition 3.62.




                                     89
7.0 Combined Hackney Carriage & Private Hire Driver’s
Licences
7.1   In these conditions:

         "authorised officer" means an officer of the Council authorised in
         writing for the purposes of these conditions.
         “Combined driver’s licence” means a licence which authorises the
         holder to drive both a hackney carriage and private hire vehicle
         licence provided that both types of vehicles are licensed by this
         authority.

7.2   Before a person is licensed, or renews a licence, as a licensed driver
      the following requirements shall be met:

      7.2.1 All applicants/Drivers must be in possession of a full driving
            licence issued by the DVLA or a licence from an EEA or EU
            state and that licence must have been in place, for at least, the
            preceding 12 months.

      7.2.2 Any applicant must be medically examined by a qualified
            medical practitioner at the practice where the applicant is
            registered and must be considered fit enough to meet at least
            the standards required for the grant of a Group II driving licence
            as recommended by the Driver Vehicle Licensing Agency.
            Medical certificates supplied upon first registration will be
            accepted if dated up to 6 months before the date of initial
            application.

      7.2.3 A first time applicant, or an applicant whose previous licence has
            expired, must produce a certificate issued by the Driving
            Standards Agency that he/she has taken and passed the
            agency’s Taxi/Private Hire Driving Assessment Test.

      7.2.4 An enquiry shall be made of the Driver Vehicle Licensing
            Agency to establish the validity of any applicant’s UK driving
            licence and any motoring convictions recorded against him/her
            in order to confirm that the applicant is a fit and proper person to
            hold, or continue to hold, a licence. The applicant will be
            required to authorise the Council to make such enquiries.

      7.2.5 An applicant’s criminal record shall be obtained via the Criminal
            Records Bureau at “enhanced” level in order to confirm that the
            applicant is a fit and proper person to hold a licence. The
            applicant will be required to complete the necessary forms for
            the purpose. If a Criminal Records Bureau check is not
            available, the applicant must provide a certificate of good
            citizenship or equivalent from every country where the applicant
            has been resident.




                                      90
       7.2.6 Any applicant must make a declaration (by means of a form         or
             questionnaire provided for the purpose) as to any criminal        or
             motoring convictions recorded or pending against him/her          in
             order to confirm that the applicant is a fit and proper person    to
             hold a licence.

7.3    The DVLA licence must cover the appropriate category for the vehicle
       being driven.

7.4    All holders of a Combined Driver’s licence shall be required to take and
       pass a medical examination as described in 1(b) above, every 4 years
       and annually from the age of 60 or at any other time that may be
       prescribed by a medical practitioner or at any time as may be required
       by an Authorised Officer.

7.5    If a medical certificate is not produced when requested, the Council
       may consider suspension/revocation of a Drivers licence. If there is a
       change in a Drivers medical fitness to drive a vehicle, they must notify
       the Licensing Team as soon as possible or no longer than 72 hours
       after the change in circumstances.

7.6    In relation to the consideration of convictions and cautions recorded
       against persons the Council has adopted the policy set out in Appendix
       _ under Convictions Policy.

7.7    A Combined Driver’s Licence shall be valid for a standard term of one
       year (unless a shorter period is appropriate).

7.8    If a Driver accrues 7 or more points in a 3 year period on his/her DVLA
       licence, they will be required to appear before a Panel of the Licensing
       & Appeals Board for possible suspension/revocation of their Drivers
       Licence.

7.9    Any driver who receives, during the currency of their licence, a
       conviction for drink driving will automatically have their licence
       suspended by an Authorised Officer and will be required to appear
       before Committee for consideration of revocation of their licence.

7.10   The driver of a private hire vehicle while driving or in charge of such a
       vehicle shall not:
       7.10.1 tout or solicit or cause or procure any other person to tout or
       solicit on a road or other public place any person to hire or to be carried
       for hire in any vehicle;

       7.10.2 ply for hire by offering a vehicle for immediate hire while they
       or that vehicle are on a road or other public place;

       7.10.3 accept an offer for the immediate hire of a vehicle while they or
       that vehicle are on a road or other public place except where the offer
       is first communicated to the driver in person by telephone or vehicle
       radio without him / her in any way procuring the offer.



                                       91
       7.10.4 In this condition "road" means any highway and any other road
       to which the public has access and includes bridges over which a road
       passes.
7.11   When hired to drive to a particular destination, a driver shall (subject to
       any directions given by the hirer) proceed to that destination by the
       shortest available route.

Conduct of Driver
7.12   The driver shall at all times:

       7.12.1 carry a reasonable quantity of luggage when requested by any
       person hiring or seeking to hire a vehicle, and afford all reasonable
       assistance in loading and unloading passengers' luggage.

       7.12.2 be clean and respectable in his / her dress and person and
       behave in a civil and orderly manner.

       7.12.3 take all reasonable steps to ensure the safety of passengers
       conveyed in, entering or alighting from the vehicle driven by him / her.

       7.12.4 not without the express consent of the hirer play any radio or
       sound reproducing instrument or equipment in the vehicle other than
       for the purpose of sending or receiving messages in connection with
       the operation of the vehicle.

       7.12.5 not cause or permit the noise emitted by any radio or other
       previously mentioned equipment in the vehicle which he/she is driving
       to be a source of nuisance or annoyance to any person, whether inside
       or outside the vehicle.
       7.12.6 when collecting passengers the driver will not beep the
       vehicle’s horn but shall make his / her arrival known in person.

Change of Address
7.13   The driver shall notify The Council in writing of any change of his/her
       address during the period of the licence within seven days of the
       change taking place.
Change of Operator
7.14   The driver shall notify the Council in writing of any change in the private
       hire operator he/she is working under the control of within 7 days of the
       change taking place.
Convictions, Cautions, Driving Offences & Charges
7.15   The driver shall notify the Borough Council in writing if he/she receives
       any summons, charge, conviction, caution or fixed penalty notice within
       seven days of receiving such. The written notification should include
       the following details:

          Offence /alleged offence,
          Date, place & time offence/alleged offence,
          Whether acting as a hackney/private hire


                                        92
          If motoring offence:
                 whether paying passengers carried,
                 speed or alleged speed,
                 speed limit for road

7.16   Depending on the circumstances and the number of penalty points
       accrued on their DVLA driver’s licence, drivers may be referred to a
       Panel of the Licensing & Appeals Board. In doing so, the Panel must
       have regard to all convictions, police cautions, charges, driving
       convictions, complaints of unacceptable conduct/behaviour, breach of
       licence conditions and other convictions obtained during the course of
       a Licence.

7.17   Drivers should be aware that if they fail to comply with this requirement
       it may prevent the Borough Council from renewing driver’s licence
       under delegated authority.

7.18   In the event of a disqualification from driving, a driver shall immediately
       inform the Council and return their driver’s badge.

Badges
7.19   The driver shall at all times when under hire or whilst available for hire
       wear their badge on their person where it is clearly visible.
7.20   A driver shall not damage or deface a driver’s badge nor allow any
       other person to do so.
Driving licence
7.21   A driver shall produce their DVLA driving licence for inspection by an
       authorised officer annually and at any point during the period of the
       licence (within 7 days of request).

Prompt Attendance
7.22   The driver of a vehicle shall, if he/she is aware that the vehicle has
       been hired to be in attendance at an appointed time and place or
       he/she has otherwise been instructed by the operator or proprietor of
       the vehicle to be in attendance at an appointed time and place (unless
       delayed or prevented by sufficient cause) punctually attend at that
       appointed time and place.

Passengers
7.23   The driver shall not convey or permit to be conveyed in a vehicle a
       greater number of persons than that prescribed in the licence for the
       vehicle.

7.24   The driver shall not without the consent of the hirer of a vehicle convey
       or permit to be conveyed any other person in that vehicle.

7.25   The driver, who shall knowingly convey in a vehicle the dead body of
       any person, shall immediately thereafter notify the fact to the Licensing
       Team.



                                       93
7.26   No driver without reasonable excuse shall refuse to carry or refuse
       assistance to any person with a disability or refuse to carry an
       assistance dog (without the appropriate exemption certificate).
7.27   No extra fee may be charged for carrying an assistance dog or
       wheelchair.

Lost Property / Misplaced Articles
7.28   The driver shall immediately after the termination of any hiring of a
       vehicle or as soon as practicable thereafter carefully search the vehicle
       for any property which may have been accidentally left there.
7.29   If any property accidentally left in a vehicle by any person who may
       have been conveyed therein is found by or handed to the driver, it shall
       be taken as soon as possible and in any event within twenty-four hours
       (if not claimed by or on behalf of its owner) to a convenient police
       station and left in the custody of the officer in charge after obtaining a
       receipt for it.

Animals
7.30   The driver shall not convey in a vehicle any animal belonging to or in
       the custody of himself or the proprietor or operator of the vehicle.
7.31   The driver shall ensure that any animal belonging to or in the custody
       of any passenger is conveyed in the rear of the vehicle except that an
       assistance dog accompanying a disabled person may sit in the front of
       the vehicle provided that the animal is properly trained to sit in the foot
       well of the vehicle with the disabled passenger.

Breakdowns
7.32   In the event of a breakdown during a hiring, the driver shall ensure that
       passengers have the means to continue their journey.

Fare to be demanded
7.33   The driver shall not demand from any hirer of a vehicle a fare in excess
       of any previously agreed for that hiring between the hirer and the
       operator.

Written Receipts
7.34   The driver shall if requested by the hirer of a vehicle provide him with a
       written receipt for the fare paid.
Penalties
7.35   The Local Government (Miscellaneous Provisions) Act 1976 provides
       that any person who acts in contravention of the provisions of Part II of
       the Act shall be guilty of an offence and liable on summary conviction
       to a fine. In addition such action, whether or not resulting in criminal
       proceedings being taken, may lead to the suspension of revocation of
       an existing licence or refusal to renew such a licence.




                                       94
8.0    Private Hire Operators
8.1    In these Conditions "The Council" means The Borough Council of
       King’s Lynn & West Norfolk and "Authorised Officer" means any officer
       of the Council authorised in writing for the purposes of these
       conditions.

8.2    A Private Hire Operators Licence shall be valid for a period of one year.
       The Council will only grant operators licences to operators operating
       within the area of the Borough Council of King’s Lynn & West Norfolk
       District.

8.3    The applicant for the grant of a new licence will need to obtain a
       criminal records disclosure to enhanced level as an aid to establishing
       if an applicant is a suitable person to hold an operator’s licence. If a
       Drivers Licence is held an additional Criminal check will not be
       necessary unless the CRB is out of date (i.e. older than 3 years).

8.4    If an applicant has not been resident in the UK for the last 10 years a
       certificate of good conduct from an overseas embassy may be
       acceptable in place of a Criminal Record Check.

8.5    The applicant must make a declaration (by means of a form or
       questionnaire provided for the purpose) as to any criminal or motoring
       convictions recorded or pending against him/her in order to confirm that
       the applicant is a fit and proper person to hold a licence.

8.6    An Operator must not include in his trading title any reference to “taxi”
       or “cab”.

8.7    An Operator must ensure that all vehicles and drivers working for them
       are licensed by The Council.

8.8    An Operator must keep records of bookings and produce these to an
       authorised officer or police officer on request. The content of these will
       be as prescribed by the Council.

8.9    The Operators licence must be produced on request of an authorised
       officer or police officer on request.

8.10   An operator must, if possible, accept a booking for a Private Hire
       vehicle if the booking is requested by or on behalf of a disabled person,
       or a person who wishes a disabled person to accompany him/her.

8.11   An operator cannot make an additional charge for the carriage of an
       assistance dog.

8.12   An Operator shall record details of every private hire booking made by
       him / her. The following information shall be recorded in an easily
       retrievable method (e.g. computer database or page numbered log)
       before the commencement of each journey, and shall include the
       following:


                                       95
          the date and time of each booking;
          how the booking was received, i.e. telephone or personal call;
          the time of pick-up;
          where journey was from and to;
          the name and address of the hirer;
          the private hire vehicle licence plate number of the vehicle allocated
          the booking;
          the name of the driver allocated the booking.

8.13   The records shall be kept for a period of three years, or such longer
       period as is required by an Authorised Officer of the Council.
8.14   The records shall be produced, on request, to any Police Officer or
       Authorised Officer of the Council.
8.15   An Operator shall maintain at his premises details of all vehicles
       operated by him, which shall include the following:
          the Private Hire licence plate number;
          the vehicle registration number;
          the name and address of the proprietor of the vehicle;
          the name(s) and address(es) of the driver(s) of the vehicles(s);
          the badge number(s) of the driver(s).
       The above records shall be produced on request to any Authorised
       Officer of the Council or Police Officer.

8.16   No operator shall invite or accept a private hire vehicle booking or
       control or arrange a journey to be undertaken by a private hire vehicle
       without first making available the charge for the hire of the vehicle to
       the person making the booking. The charge can be notified in writing or
       verbally.

8.17   The operator shall provide a prompt, efficient and reliable service to
       members of the public at all reasonable times. This includes the
       following:

       8.17.1 Ensure that when a private hire vehicle has been hired to
       attend at an appointed time and place, the vehicle shall, unless delayed
       or prevented by sufficient cause, attend punctually at the appointed
       time and place.
       8.17.2 Keep clean, adequately heated, ventilated and lit any premises
       which the operator provides to which the public have access, whether
       for the purpose of booking or waiting.

       8.17.3 Ensure that any waiting area provided by the operator has
       adequate seating facilities.

       8.17.4 Ensure that any telephone facilities and radio equipment
       provided are maintained in a sound condition and that any defects are
       repaired promptly.
8.18   An Operator shall undertake to ensure that all drivers and vehicles
       owned, controlled or operated by them shall be licensed and comply
       with all the conditions of their driver's licence and / or Private Hire
       Vehicle licence.


                                      96
8.19   Bookings by and for disabled people accompanied by assistance dogs

8.20   The Disability Discrimination Act 1995 makes it an offence for a private
       hire operator to fail or refuse to take a booking for a private hire vehicle;

          if the booking is requested by or on behalf of a disabled person, or a
          person who wishes a disabled person to accompany him; and
          the reason for the failure or refusal is that the disabled person will
          be accompanied by his assistance dog.

       This is subject to medical exemption certificates and it is also an
       offence for the operator to make any additional charge as a result of
       the need to carry an assistance dog.

Complaints
8.21   An Operator shall maintain a log detailing any complaints received from
       customers which shall be available for inspection by any authorised
       officer upon request. The log must provide the complainants
       name/address/ complaint details & any action taken against
       driver/vehicle proprietor.

Change of Address
8.22   The operator shall notify the Council in writing of any change of his
       address (including any address from which he operates or otherwise
       conducts his business as an operator) during the period of the licence
       within seven days of such change taking place.

Convictions

8.23   The operator shall notify the Borough Council in writing if he/she
       receives any summons, charge, conviction, caution or fixed penalty
       notice within seven days of receiving such. The written notification
       should include the following details:

          Offence /alleged offence,
          Date, place & time offence/alleged offence,

8.24   Depending on the circumstances or the number of penalty points
       accrued on their DVLA driver’s licence (if held), operators may be
       referred to a Panel of the Licensing & Appeals Board. In doing so, the
       Panel must have regard to all convictions, police cautions, charges,
       driving convictions, complaints of unacceptable conduct/behaviour,
       breach of licence conditions and other convictions obtained during the
       course of a Licence.

8.25   Operators should be aware that if they fail to comply with this
       requirement it may prevent the Council from renewing their licence
       under Head of Service’s delegated authority.

8.26   The Operator shall provide a suitable number of parking spaces for
       vehicles awaiting allocation for the conveyance of passengers. These
       parking spaces must be notified to the Licensing Team at the time of
       any application or at any time there is a change in these arrangements.

                                        97
       The Operator shall ensure that no vehicle, being operated by him, shall
       at any time park in a position where parking restrictions are in place, at
       that time, any breach of this condition will be contrary to Section 55 (3)
       of the Act.

Penalties
8.27   The Local Government (Miscellaneous Provisions) Act 1976 provides
       that any person who acts in contravention of the provisions of Part II of
       the Act shall be guilty of an offence and liable on summary conviction
       to a fine not exceeding level 3 on the standard scale (currently £1,000).
       In addition such action, whether or not resulting in criminal proceedings
       being taken, may lead to the suspension or revocation of an existing
       licence or refusal to renew such a licence.




                                       98
9.0   Hackney Carriage Byelaws
Byelaws made under Section 68 of the Town Police Clauses Act, 1847 and
Section 171 of the Public Health Act, 1875 by the Borough Council of King’s
Lynn & West Norfolk with respect to Hackney Carriages.

Interpretation
9.1   Throughout these byelaws "the Council" means the Borough Council of
      King’s Lynn & West Norfolk and "the district" means the Borough Council
      of King’s Lynn & West Norfolk.

Provisions regulating the manner in which the number of each hackney carriage,
corresponding with the number of its licence, shall be displayed

9.2   The proprietor of a hackney carriage shall cause the number of the
      licence granted to him in respect of the carriage to be legibly painted or
      marked on the outside and inside respectively of the carriage, or on
      plates affixed thereto.

9.3   A proprietor or driver of a hackney carriage shall:-
      not willfully or negligently cause or suffer any such number to be
      concealed from public view while the carriage is standing or plying for
      hire;
      not cause or permit the carriage to stand or ply for hire with any such
      painting, marking or plate so defaced that any figure or material particular
      is illegible.

Provisions regulating how hackney carriages are to be furnished or
provided

9.4   The proprietor of a hackney carriage shall:-
         provide sufficient means by which any person in the carriage may
         communicate with the driver;
         cause the roof or covering to be kept watertight;
         provide any necessary windows and a means of opening and closing
         not less than one window on each side;
         cause the seats to be properly cushioned or covered;
         cause the floor to be provided with a proper carpet, mat, or other
         suitable covering;
         cause the fittings and furniture generally to be kept in a clean
         condition, well maintained and in every way fit for public service;
         provide means for securing luggage if the carriage is so constructed
         as to carry luggage;
         provide an efficient fire extinguisher which shall be carried in such a
         position as to be readily available for use;
         provide at least two doors for the use of persons conveyed in such
         carriage and a separate means of ingress and egress for the driver.
         cause the exterior of the carriage to be maintained in a clean
         condition.

9.5   The proprietor of a hackney carriage, except in the case of London Style
      taxis, shall cause the same to be provided with a sign safely affixed on
      the roof of the said hackney carriage and so constructed, attached and
      maintained as to comply with the following requirements, that is to say:


                                       99
         the said sign shall clearly display to the front of the hackney carriage
         the word ‘TAXI’ and shall be kept illuminated during the hours of
         darkness; these being the hours between half-an-hour after sunset
         and half-an-hour before sunrise,
         the word ‘TAXI’ shall be shown on the said sign in block letters not
         less than 3” high and of a proportionate width, such lettering to be
         black in colour on white background, and
         the said sign shall be of a uniform height of not less than 5” and not
         more than 9” and of a uniform length of not less than 16” and not
         more than 19”.

9.6   The proprietor of a hackney carriage shall cause the same to be provided
      with a taximeter so constructed, attached, and maintained as to comply
      with the following requirements, that is to say:

         the taximeter shall be fitted with a key, flag or other device the turning
         of which will bring the machinery of the taximeter into action and
         cause the word "HIRED" to appear on the face of the taximeter;
         such key, flag, or other device shall be capable of being locked in
         such a position that the machinery of the taximeter is not in action
         and that no fare is recorded on the face of the taximeter;
         when the machinery of the taximeter is in action there shall be
         recorded on the face of the taximeter in clearly legible figures a fare
         not exceeding the rate or fare which the proprietor or driver is entitled
         to demand and take for the hire of the carriage by distance in
         pursuance of the byelaw in that behalf;
         the word "FARE" shall be printed on the face of the taximeter in plain
         letters so as clearly to apply to the fare recorded thereon;
         the taximeter shall be so placed that all letters and figures on the face
         thereof are at all times plainly visible to any person being conveyed in
         the carriage, and for that purpose the letters and figures shall be
         capable of being suitably illuminated during any period of hiring;
         the taximeter and all the fittings thereof shall be so affixed to the
         carriage with seals or other appliances that it shall not be practicable
         for any person to tamper with them except by breaking damaging or
         permanently displaying the seals or other appliances.
Provisions regulating the conduct of the proprietors and drivers of
hackney carriages plying within the district in their several employments,
and determining whether such drivers shall wear any and what badges
9.7   The driver of a hackney carriage provided with a taximeter shall:-

         when standing or plying for hire, keep the key, flag or other device
         fitted in pursuance of the byelaw in that behalf locked in the position
         in which no fare is recorded on the face of the taximeter;
         before beginning a journey for which a fare is charged for distance
         and time bring the machinery of the taximeter into action by moving
         the said key, flag or other device so that the word "HIRED" is legible
         on the face of the taximeter and keep the machinery of the taximeter
         in action until the termination of the hiring;
         cause the dial of the taximeter to be kept properly illuminated
         throughout any part of a hiring which is during the hours of darkness
         as defined for the purposes of the Road Traffic Act, 1972 and also at
         any other time at the request of the hirer.
9.8   A proprietor or driver of a hackney carriage shall not tamper with or
      permit any person to tamper with any taximeter with which the carriage is
      provided, with the fittings thereof, or with the seals affixed thereto.

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9.9    Every proprietor or driver of a hackney carriage shall, at all times, when
       standing, plying, or driving for hire, conduct himself in an orderly manner,
       and with civility and propriety towards every person seeking to hire, or
       hiring, or being conveyed in such a carriage shall comply with every
       reasonable requirement of any person hiring or being conveyed in such
       carriage.
9.10   The driver of a hackney carriage shall, when plying for hire in any street
       and not actually hired:

          proceed with reasonable speed to one of the stands fixed by the
          byelaw in that behalf;
          if a stand, at the time of his arrival, is occupied by the full number of
          carriages authorised to occupy it, proceed to another stand;
          on arriving at a stand not already occupied by the full number of
          carriages authorised to occupy it, station the carriage immediately
          behind the carriage or carriages on the stand and so as to face in the
          same direction;
          from time to time when any other carriage immediately in front is
          driven off or moved forward cause his carriage to be moved forward
          so as to fill the place previously occupied by the carriage driven off or
          moved forward.

9.11   A proprietor or driver of a hackney carriage, when standing or plying for
       hire shall not, by calling out or otherwise, importune any person to hire
       such carriage and shall not make use of the services of any other person
       for the purpose.
9.12   The driver of a hackney carriage shall take all reasonable precautions to
       ensure the safety of persons conveyed in or entering or alighting from the
       vehicle.
9.13   The proprietor or driver of a hackney carriage who has agreed or has
       been hired to be in attendance with the carriage at an appointed time and
       place shall, unless delayed or prevented by some sufficient cause,
       punctually attend with such carriage at such appointed time and place.

9.14   The driver of a hackney carriage when hired to drive to any particular
       destination shall, subject to any directions given by the hirer, proceed to
       that destination by the shortest available route.

9.15   A proprietor or driver of a hackney carriage shall not convey or permit to
       be conveyed in such carriage, any greater number of persons than the
       number of persons specified on the licence for such carriage issued by
       the Council.

9.16   If a badge has been provided by the Council and delivered to the driver
       of a hackney carriage, he shall when standing, plying or driving for hire
       wear that badge in such position and manner as to be plainly and
       distinctly visible.

9.17   The driver of a hackney carriage so constructed as to carry luggage
       shall, when requested by any person hiring or seeking to hire the
       carriage:

          convey a reasonable quantity of luggage;
          afford reasonable assistance in loading and unloading;


                                       101
          afford reasonable assistance in removing it to or from the entrance of
          any house, station or place at which he may take up or set down such
          person.
9.18   Every proprietor or driver of a hackney carriage, who shall knowingly
       convey in the carriage the dead body of any person shall, immediately
       notify the fact to the Head of Environmental Health & Housing.

Provisions fixing the rate of fare to be paid for hackney carriages within
the district and securing the due publication of fares

9.19   The proprietor or driver of a hackney carriage shall be entitled to demand
       and take for the hire of the carriage the rate of fare prescribed, the rate of
       fare being calculated by distance unless the hirer expresses at the
       commencement of the hiring his desire to engage by time.
9.20   Provided always that where a hackney carriage furnished with a
       taximeter shall be hired by distance the proprietor or driver thereof shall
       not be entitled to demand and take a fare greater than that recorded on
       the face of the taximeter save for any extra charges authorised which it
       may not be possible to record on the face of the taximeter.
9.21   The proprietor of a hackney carriage for which any fares are fixed by any
       byelaw in that behalf shall:
       cause a statement of such fares to be painted or marked on the inside of
       the carriage, or on a plate affixed thereto, in clearly distinguishable letters
       and figures;
       renew such letters and figures as often as is necessary to keep them
       clearly visible.
9.22   The proprietor or driver of a hackney carriage bearing a statement of
       fares in accordance with this byelaw shall not willfully or negligently
       cause or suffer the letters of figures in the statement to be concealed or
       rendered illegible at any time while the carriage is plying or being used
       for hire.
Provisions securing the safe custody and re-delivery of any property
accidentally left in hackney carriages and fixing the charges to be made in
respect thereof
9.23   The proprietor or driver of a hackney carriage shall, immediately after the
       determination of any hiring or as soon as practicable thereafter, careful
       search the carriage for any property which may have been accidentally
       left therein.

Provisions fixing the stands of Hackney Carriages
9.24   byelaw No ___ ceased to have effect on the 10th April 1986 when the
       Borough Council adopted the Provisions of Part II of the Local
       Government (miscellaneous Provisions) Act 1976.

Provisions fixing the rates or fares. As well for time as distance, to be paid
for Hackney Carriages within the district, and securing the due publication
of such fares

9.25   The proprietor or driver of a hackney carriage shall be entitled to demand
       and take for the hire of the carriage the rate or fare prescribed by the
       Council, the rate or fare being calculated by distance unless the hirer

                                        102
       expresses at the commencement of the hiring his desire to engage by
       time.

9.26   Provided always that where a hackney carriage shall be hired by
       distance the proprietor or driver thereof shall not be entitled to demand
       and take a fare greater than that recorded on the face of the taximeter,
       save for any extra charges authorized by the Council which it may not be
       possible to record on the face of the taximeter.

9.27   the proprietor of a hackney carriage shall cause a statement of the fares
       fixed by the Council resolution in that behalf to be exhibited inside the
       carriage, in clearly distinguishable letters and figures.
9.28   The proprietor or driver of a hackney carriage bearing a statement of
       fares in accordance with this byelaw shall not willfully or negligently
       cause or suffer the letters or figures in the statement to be concealed or
       rendered illegible at any time while the carriage is plying or being used
       for hire.
Provisions securing the safe custody and re-delivery of any property
accidentally left in hackney carriages and fixing the charges to be made in
respect thereof

9.29   The proprietor or driver of a hackney carriage shall immediately after the
       termination of any hiring or as soon as practicable thereafter carefully
       search the carriage for any property which may have been accidentally
       left therein.
9.30   The proprietor or driver of a hackney carriage shall, if any property
       accidentally left therein by any person who may have been conveyed in
       the carriage be found by or handed to him:
          carry it as soon as possible and in any event within 48 hours, if not
          sooner claimed by or on behalf of its owner, to the office of the
          Council and leave it in the custody of the officer in charge of the office
          on his giving a receipt for it.
          be entitled to receive from any person to whom the property shall be
          re-delivered an amount equal to five pence in the pound for its
          estimated value (or the fare for the distance from the place of finding
          to the office of the Council whichever be the greater) but not more
          than five pounds.

Penalties
9.31   Every person who shall offend against any of these byelaws shall be
       liable on summary conviction to a fine not exceeding one hundred
       pounds and in the case of a continuing offence to a further fine not
       exceeding five pounds for each day during which the offence continues
       after conviction.

Repeal of Byelaws

9.32   The byelaws relating to hackney carriages which were made by the
       borough Council of King’s Lynn & West Norfolk on the 7th day of March
       1983 and confirmed by the Secretary of State on the 16th day of
       September 1983, are hereby repealed. Given under the common seal of
       the King’s Lynn and West Norfolk Borough Council Mayor (T.C.R Legge)
       & on Borough Secretary (J.H Carr) the 21st day of May 1985. The

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foregoing byelaw was confirmed by the Secretary of State and came into
force on the 1st day of September 1985, signed by P.E Pickering, an
assistant secretary in the department of transport on behalf of the
secretary of state for transport, 12th August 1985.




                             104
10.0 Penalty Points System

10.1   Authorised Officers of the Borough Council can impose penalty points on
       drivers of Private Hire Vehicles and Hackney Carriages, proprietors of
       vehicles and Operators of Private Hire Vehicles are shown below. This
       system is designed for the interest of the public as an aid to ensure
       continued public safety and to give the individual concerned a chance to
       rectify any relatively minor breaches of licence conditions without the
       need to resort to suspension/revocation or prosecution.

10.2   If an individual concerned accrues a total of 12 points in any 12 month
       period then he/she will automatically be referred to a Panel of the
       Licensing & Appeals Board with a request that the Panel review the
       individual’s continued suitability to hold a licence.

10.3   The following list, whilst not exhaustive, details the circumstances in
       which a licence holder will be directly referred to a Panel of the Licensing
       & Appeals Board:

          Providing false or misleading information on licence application form,
          or failing to provide relevant information including any convictions
          imposed.
          Authorised officer refused access to operator/driver records.
          Carrying excess passengers
          Abusive or obstructive behaviour (verbal or physical) to authorised
          officers of the council or police officers
          Using a vehicle for which the licence has been suspended or revoked
          Carrying an offensive weapon in the vehicle
          Driver not holding a current DVLA licence
          Seven or more penalty points on DVLA driver’s licence.
          Motoring convictions for:
              o Drinking/drugs and driving
              o Causing death by careless driving
              o Reckless/dangerous driving
              o Offences resulting in disqualification
              o Disqualified from holding a licence until driving test passed.

10.4   The following list details the number of penalty points that will be
       awarded for the infringements shown:

                                                                               Penalty
BC Code                               Infringement
                                                                               Points

          Breach of Condition 7.14 (Failing to notify the Licensing team, in
PP1                                                                              6
          writing of charges, summons, penalty points etc)
          Displaying any feature on a     private hire vehicle which would
PP2                                                                              6
          suggest it is a taxi
          Failure to attend the Council Offices when directed by an
PP3                                                                              6
          authorised officer.
PP4       Failure to carry an assistance dog without requisite exemption         6


                                         105
       Failure to notify the Licensing Office of any change in medical
PP5                                                                           6
       fitness to drive.
PP6    Failure to notify transfer of vehicle within prescribed time limit     6
       Failure to produce a valid insurance certificate/cover note within 7
PP7                                                                           6
       days of request.
PP8    Failure to produce the 6 monthly MOT check                             6
       Failure to report to the authority the transfer of a private hire
PP9    vehicle licence or a hackney carriage proprietors licence within       6
       14days of transfer.
       Failure to return vehicle licence plate within 7 days after due
PP10                                                                          6
       notice following expiry, revocation or suspension of such licence
PP11   Leaving a vehicle unattended on the rank.                              6
       Licensed vehicle not carrying a spare wheel or space saver that
PP12                                                                          6
       is capable of being used.
PP13   Private hire drivers touting                                           6
       Private Hire Operator failing to maintain their records in the
PP14                                                                          6
       correct format.
PP15   Using unlicensed vehicle                                               6
       Wheelchair accessible hackney carriage fails to carry ramps for
PP16                                                                          6
       loading disabled persons wheelchair
       Conviction for minor traffic offences e.g. obstruction, waiting in a
PP17                                                                          3
       restricted street, speeding etc.
PP18   Driver smoking in the vehicle                                          3
PP19   Failing to deal with lost property in the correct manner.              3
PP20   Failing to display fare card (hackney carriage)                        3
       Failing to have a Private Hire Driver or Hackney Carriage Driver
PP21                                                                          3
       badge in his possession whilst driving a licensed vehicle.
       Failing to notify the Licensing Office in writing, of being involved
PP22                                                                          3
       in an accident within 72 hours of the accident occurring.
       Failing to notify the Licensing team, in writing, of a change of
PP23                                                                          3
       address within 7 days.
       Failure to display any Plates, Signs or Notices required by the
PP24                                                                          3
       Council
PP25   Failure to display official ‘no smoking’ sign in vehicle               3
PP26   Licensed vehicle displaying unauthorised makings (inside or out)       3
       Not having an appropriate Fire Extinguisher and/or first aid kit in
PP27                                                                          3
       the vehicle.
PP28   Parking/stopping contrary to authorised road markings                  3
PP29   Parking/stopping with one or more wheels on the pavement               3
       Sounding the vehicle horn to announce arrival or tout for
PP30                                                                          3
       business
PP31   Unreasonable prolongation of journeys or any misconduct                3

                                        106
          regarding the charging of fares
          Using a mobile phone, radio hand set, eating or drinking whilst
PP32                                                                             3
          the vehicle is in motion

Additional penalty points to those specified above may be imposed by a Panel of the
Licensing Appeals Board.




                                        107
11.0 Summary of Offences
TOWN POLICE CLAUSES ACT 1847
 Section                                  Offence
           Giving false information on application for hackney carriage
   40
           proprietor’s licence
           Failure to notify change of address of hackney carriage
   44
           proprietor
   45      Plying for hire without a hackney carriage proprietor’s licence
           Driving a hackney carriage without a hackney carriage driver’s
   47
           licence
   47      Lending or parting with a hackney carriage driver’s licence
   47      Hackney carriage proprietor employing unlicensed driver
           Failure by hackney carriage proprietor to hold hackney carriage
   48
           driver’s licence
           Failure by hackney carriage proprietor to produce hackney
   48
           carriage driver’s licence
   52      Failure to display hackney carriage plate
   53      Refusal to take a fare
   54      Charging more than the agreed fare
   55      Obtaining more than the legal fare
   56      Travelling less than the lawful distance for an agreed fare
   57      Failing to wait after a deposit to wait has been paid
   58      Charging more than the legal fare
   59      Carrying other person than the hirer without consent
   60      Driving a hackney carriage without proprietor’s consent
           Person allowing another to drive a hackney carriage without
   60
           proprietor’s consent
   61      Drunken driving of hackney carriage
           Wanton or furious driving or wilful misconduct leading to injury or
   61
           danger
   62      Driver leaving hackney carriage unattended
   64      Hackney carriage driver obstructing other hackney carriages




                                    108
12.0   HACKNEY CARRIAGE PROVISIONS

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
Section                                      Offence
  49       Failure to notify transfer of hackney carriage proprietor’s licence
 50(1)     Failure to present hackney carriage for inspection as required
           Failure to inform Local Authority where hackney carriage is stored if
 50(2)
           requested
 50(3)     Failure to report an accident to Local Authority
           Failure to produce hackney carriage proprietor’s licence and
 50(4)
           insurance certificate
 53(3)     Failure to produce hackney carriage driver’s licence
           Making false statement or withholding information to obtain hackney
  57
           carriage driver’s licence
           Failure to return plate after notice given after expiry, revocation or
 58(2)
           suspension of hackney carriage proprietor’s licence
           Failure to surrender driver’s licence after suspension, revocation or
 61(2)
           refusal to renew
           Permitting any vehicle other than hackney carriage to wait on a
  64
           hackney carriage stand
           Charging more than the meter fare for a journey ending outside the
  66
           district, without prior agreement
           Charging more than the meter fare when hackney carriage used as
  67
           private hire vehicle
  69       Unnecessarily prolonging a journey
  71       Interfering with a taximeter
73(1)(a)   Obstruction of authorised officer or constable
73(1)(b)   Failure to comply with requirement of authorised officer or constable
           Failure to give information or assistance to authorised officer or
73(1)(c)
           constable




                                       109
13.0    PRIVATE HIRE PROVISIONS

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
Section    Offence
46(1)(b)   Driving a private hire vehicle without a private hire driver’s licence
46(1)(c)   Proprietor of a private hire vehicle using an unlicensed driver
           Operating a private hire vehicle without a private hire operator’s
46(1)(d)
           licence
           Operating a vehicle as a private hire vehicle when the vehicle is not
46(1)(e)
           licensed as a private hire vehicle
           Operating a private hire vehicle when the driver is not licensed as a
46(1)(e)
           private hire driver
 48(6)     Failure to display private hire vehicle plate
   49      Failure to notify transfer of private hire vehicle licence
 50(1)     Failure to present private hire vehicle for inspection as required
           Failure to inform local authority where private hire vehicle is stored if
 50(2)
           requested
 50(3)     Failure to report an accident to local authority
           Failure to produce private hire vehicle licence and insurance
 50(4)
           certificate
 53(3)     Failure to produce private hire driver’s licence
 54(2)     Failure to wear private hire driver’s badge
 56(2)     Failure by private hire operator to keep records of bookings
           Failure by private hire operator to keep records of private hire
 56(3)
           vehicles operated by him
 56(4)     Failure to produce private hire operator’s licence on request
           Making false statement or withholding information to obtain private
   57
           hire driver’s or operator’s licence
           Failure to return plate after notice given after expiry, revocation or
 58(2)
           suspension of private hire vehicle licence
           Failure to surrender driver’s licence after suspension, revocation or
 61(2)
           refusal to renew
           Charging more than the meter fare when hackney carriage used as
   67
           private hire vehicle
   69      Unnecessarily prolonging a journey
   71      Interfering with a taximeter
73(1)(a)   Obstruction of authorised officer or constable
73(1)(b)   Failure to comply with requirement of authorised officer or constable
           Failure to give information or assistance to authorised officer or
73(1)(c)
           constable




                                       110
                                                                                       Annex A to
                                 Hackney Carriage & Private Hire Licensing Procedures & Conditions
                                                                                   Dated     2008

      Environmental Health & Housing
      King’s Court, Chapel Street, King’s Lynn,
      Norfolk PE30 1EX
      Tel: (01553) 616200; fax: (01553) 768999
      Minicom: (01553) 616705; DX 57825 KING’S

                                        Accident Notification Form
     For drivers or vehicle owners who’s vehicle has been damaged or involved in an accident

Local Government (Miscellaneous Provisions) Act 1976 Section 50 (3) Notification
1.     PERSON DRIVING THE VEHICLE
 Christian or Forenames:                                           Surname:
 Address:

 (Inc postcode)
 Telephone No:                          Home:                      Mobile:
 Date of Birth:                                                    Sex (M/F):

2.     THE VEHICLE
 Hackney Carriage or Private Hire?
 Licence Plate Number
 Registration Number
 Operator (if Private Hire)
3.     THE ACCIDENT
 What date did the accident take place on?
 At what time?
 Please give a brief description of how the accident happened and the exact location:
 ………………………………………………………………………………………………………………………
 ………………………………………………………………………………………………………………………
 ………………………………………………………………………………………………………………………


4.     VEHICLE DAMAGE / HUMAN INJURY / DAMAGE TO PROPERT
 Please give a full description of the damage to the vehicle and any injury incurred to the driver or other
 person/s, and any damage to property.
 ………………………………………………………………………………………………………………………
 ………………………………………………………………………………………………………………………
 ………………………………………………………………………………………………………………………


5.     WHO HAVE YOU INFORMED?
 The Police?                                      If so, give reference number
 Insurance Company?                               If so, give claim number
 Operator?

In making this notification I confirm the information given is true to the best of my knowledge and I
understand it is a criminal offence to provide false information.

Signed…………………………………………………………………                                                  Date………………………..............




                                                           111
                                                                       Annex B to
                 Hackney Carriage & Private Hire Licensing Procedures & Conditions
                                                                   Dated     2008

GUIDELINES RELATING TO THE RELEVANCE OF CONVICTIONS

GENERAL POLICY

1.    Each case will be decided on its own merits.

2.     A person with a current conviction for serious crime need not be
permanently barred from obtaining a licence but should be expected to remain
free of conviction for 3 to 5 years, according to the circumstances, before an
application is entertained. Some discretion may be appropriate if the offence is
isolated and there are mitigating circumstances. However, the overriding
consideration should be the protection of the public.

3.    The following examples afford a general guide on the action to be taken
where convictions are admitted.

      a)     Minor Traffic Offences. Convictions for minor traffic offences, e.g.
      obstruction, waiting in a restricted street, speeding etc. should not
      prevent a person from proceeding with an application. If sufficient points
      have been accrued to require a period of disqualification of the
      applicant’s driving licence then a hackney carriage or private hire vehicle
      driver licence may be granted after its restoration but a warning should
      be issued as to future conduct.

      b)      Major Traffic Offences. An isolated conviction for reckless driving
      or driving without due care and attention etc should normally merit a
      warning as to future driving and advice on the standard expected of
      hackney carriage or private hire drivers. More than one conviction for
      this type of offence within the last two years should merit refusal and no
      further application should be considered until a period of 1 to 3 years free
      from convictions has elapsed.

      c)     Drunkenness

             (i)     With Motor Vehicle. A serious view should be taken of
             convictions of driving or being in charge of a vehicle while under
             the influence of drink. An isolated incident should not necessarily
             debar an applicant but strict warnings should be given as future
             behaviour. More than one conviction for these offences should
             raise grave doubts as to the applicant’s fitness to hold a licence.
             At least 3 years should lapse (after the restoration of the driving
             licence) before an applicant is considered for a licence. If there is
             any suggestion that the applicant is an alcoholic, a special medical
             examination should be arranged before the application is
             entertained. If the applicant is found to be an alcoholic a period of
             5 years should elapse after treatment is complete before a further
             application is considered.

                                      112
       (ii)  Not in Motor Vehicle.        An isolated conviction for
       drunkenness need not debar an applicant from gaining a licence.
       However, a number of convictions for drunkenness could indicate
       a medical problem necessitating critical examination (see 3c(i)
       above). In some cases, a warning may be sufficient.

d)    Drugs. An applicant with a conviction for a drug related offence
should be required to show a period of at least 3 years free of convictions
before an application is entertained, or 5 years after detoxification if
he/she was an addict.

e)     Indecency Offences.        As hackney carriage and private hire
drivers often carry unaccompanied passengers, applicants with
convictions for indecent exposure, indecent assault, importuning, or any
of the more serious sexual offences, should be refused until they can
show a substantial period (at least 3 to 5 years) free of such offences.
More than one conviction of this kind should preclude consideration for at
least 5 years. In either case if a licence is granted a strict warning as to
the future conduct should be issued.

f)     Violence. As hackney carriage and private hire drivers maintain
close contact with the public, a firm line should be taken with applicants
who have convictions for grievous bodily harm, wounding or assault. At
least 3 years free of such convictions should be shown before an
application is entertained and even then a strict warning should be
administered.

g)     Dishonesty.     Hackney carriage and private hire drivers are
expected to be persons of trust. The widespread practice of delivering
unaccompanied property is indicative of the trust that business people
place in drivers. Moreover, it is comparatively easy for a dishonest driver
to defraud the public by demanding more than the legal fare etc.
Overseas visitors can be confused by the change in currency and
become “fair game” for an unscrupulous driver. For these reasons a
serious view should be taken of any conviction involving dishonesty. In
general, a period of 3 to 5 years free of conviction should be required
before entertaining an application.




                                113
                                                                 Annex C to
           Hackney Carriage & Private Hire Licensing Procedures & Conditions
                                                             Dated     2008




              Hackney Carriage
                      &
             Private Hire Vehicle

      Compliance Testing Standards



                        Practice
                Code of GUIDANCE




Standards of vehicle test to be applied in addition to
   the statutory requirements of the MOT testing




                                114
Introduction

This document is intended to provide practical guidance to vehicle testers charged with
assessing vehicles being issued with a certificate of compliance. It will also give a
general insight into the type of examination the vehicle will be subjected to before it can
be issued with a certificate of compliance.

It is the responsibility of owners, operators and drivers to ensure that their vehicles
comply with the current rules and regulations of the appropriate Road Traffic Act and
current Construction and Use Regulations at all times.

Where a vehicle is found not to conform to the requirements of the M.O.T. test and/or
compliance test standards, that vehicle may have its licence suspended until the
Councils authorised officers are satisfied that the vehicle is fit to be licensed.


Guidance

No adaptations, alterations, modifications, additional equipment, optional extras with
the exception of tow bars filled to a professional standard, are to be fitted to the
vehicles without the prior approval of the Council. Any owner wishing to alter or modify
the vehicle, including the fitting of extras or alternative parts to those supplied by the
manufacturer must seek prior permission from the Council. Certain modifications may
require special inspection by the Council's authorised officer or his nominee before
approval is given. (A fee may be applicable)

When a vehicle presented for compliance test fails on more than twelve items, that
vehicle will have to be re-submitted for a full compliance test and a re-test fee will be
charged.

Both M.O.T. and compliance tests must be completed by the same examiner at the
same test station at the same time of day (obviously MOT testing is completed without
avoidable distraction etc so compliance testing may be carried out before or after the
MOT inspection). Compliance failure items must be resolved with the same garage at a
later date.

The Borough Council of King’s Lynn and West Norfolk recognises the need for
approved MOT vehicle station examiners to test drive Hackney Carriage and Private
Hire vehicles as part of the compliance inspection process.




                                           115
        Contents


        1.    EXTERIOR OF THE VEHICLE

        2.    BOOT

        3.    ENGINE COMPARTMENT

        4.    TYRES AND SPARE WHEELS

        5.    INTERIOR OF VEHICLE

        6.    FIRE EXTINGUISHERS & FIRST AID

        7.    VEHICLE SIGNAGE

        8.    UNDERSIDE OF VEHICLE

        9.    WHEELCHAIR FACILITIES




1. EXTERIOR OF THE VEHICLE


                             116
         METHOD OF INSPECTION                              PRINCIPAL REASON FOR FAILURE

1.1. The exterior of the bodywork, the underside of      1. Contamination preventing full or proper
vehicle is to be in a clean condition so as to           inspection.
facilitate full inspection of these areas.
1.2. Check operation of all external locks and           2. Defective external door catches or locks which
catches, ensuring all doors can be securely closed       prevent a door opening or closing properly.
locked and easily opened.
1.3. Check all doors to ensure that they are             3. Poorly fitting doors to the vehicle. Worn locks,
aligned properly will open and close easily, and all     hinges or defective boot opening device.
gaps around doors are reasonably equal. Ensure
boot lid opens/closes, and locks correctly and that
all hinges and opening mechanisms adequately
support the lid when it is in the open position
1.4. Check to ensure all door hinges are in good         4. Door hinges defective.
condition, allowing free movement of door.
1.5. Check all wind check positions to ensure that       5. Wind checks fail to hold doors in place when
doors are held in place when opened.                     opened
1.6. Examine the external body panels and                6. Corrosion or damage to the vehicle body or
structures for any evidence of corrosion, damage,        structure which adversely affects the appearance
or unsatisfactory repairs.                               and/or safety of the vehicle. Replacement panels
                                                         fitted that alter the effect of impact zones. Gaps
                                                         reasonably unequal around panels.
1.7. Examine the external body and paint work for        7. Generally poor or damaged body or paintwork,
damage, which adversely affects the appearance           dull, not in uniform in colour, and appearance,
of the vehicle.                                          repairs visible, paint work of poor standard,
                                                         overspray to any other part of the vehicle.
1.8. Check nearside and offside door/wing mirrors        8. Missing or defective exterior mirrors. Aerial not
are fitted in a secure manner and that they function     securely fixed.
correctly. Ensure aerial is securely fixed.
1.9. Ensure front and rear bumpers are in good           9. Damaged or inadequately secured front or rear
order (without any damage) and are securely fixed        bumpers, angled dents and end caps.
to the vehicle.
1.10. Ensure number plates are in good condition         10. Damage to front or rear number plates.
and are free of damage, and legible. White
reflective at front and yellow reflective at rear.
1.11. Examine rubber seals to doors and windows          11. Damage or missing, or loose door seals which
for damage, looseness or absence affecting               may cause draught, rainwater ingress
performance of seals.                                    unreasonable road noise or trip hazard.
1.12. Vehicles must be fitted with a key locking fuel    12. Vehicle not having a method of securing fuel
cap or an internal means of lock or release.             cap.
1.13. Reversing lights must be operable when             13. Reverse lights not operable.
fitted.
1.14. All windows to be free of cracks and               14. Cracks in windscreen or rear window. Cracks
excessive marking.                                       in side windows or excessive marking on any
                                                         window.
1.15. No glass, with the exception of a tinted sun-      15. Glass is tinted to such an extent that the view
strip along the top of the windscreen, shall be tinted   is obscured inside the vehicle.
to such an extent as to obscure the view of the
inside of the vehicle under normal workshop
lighting conditions from a distance of 4 metres.
Stretched Limousines are exempt from this
requirement.




                                                     117
2. BOOT
         METHOD OF INSPECTION                               PRINCIPAL REASON FOR FAILURE

2.1. Examine the boot interior for evidence of          1. Damage to the floor of the boot, inner wing
damage, corrosion or water penetration.                 panels or lid.

2.2. Examine the boot floor to ensure that it is in     2. Excessive wear, damage or staining to the boot
good condition and offers adequate protection to        floor.
passenger’s luggage stored in boot.

2.3. Examine interior of boot to ensure it is clean     3. Accumulation of dirt, grease, dust, litters or
and free of dirt, dust, grease, litter etc.             rubbish in the boot which could soil or damage
                                                        luggage stored within.

2.4. Check boot for presence of any containers of       4. Containers for the storage of petrol, diesel, or
any flammable or corrosive material (e.g. oil, petrol   any corrosive material shall not be carried in the
or diesel).                                             vehicle.

2.5. Ensure that boot can be secured by a locking
mechanism.

                                                        Note: A five litre bottle of engine oil and water will
                                                        be permitted.




                                                      118
3. ENGINE COMPARTMENT
        METHOD OF INSPECTION                        PRINCIPAL REASON FOR FAILURE

3.1. Carry out visual inspection of engine      1. Excessive oil, fuel or water leaks.
compartment for signs of fuel, oil or water
leaks.

3.2. Check to ensure that the battery is        2. Battery not adequately secured.
properly secured in it’s correct position.

3.3 Examine all plastic/rubber or metal hoses   3. Worn or deteriorated hoses or pipes.
for signs of deterioration or damage.

3.4 Check drive belt for correct adjustment     4. Incorrectly adjusted or damaged drive belt.
and for signs of deterioration or damage.

3.5 Check security of radiator and check        5. Leaking or insecure radiator.
hoses for leaks.

3.6 Examine engine/transmission mounts for      6. Insecure or deteriorated
signs of deterioration or wear.                 engine/transmission mountings.

3.7 Check clutch mechanisms for correct         7. Leakage of fluid or mechanical wear in the
operation.                                      clutch mechanisms.

3.8 Check operation of bonnet release/s         8. Defective bonnet release catch or
catches.                                        mechanisms.

3.9 Run engine to normal operational            9. Engine breathing excess fumes.
temperature to ensure the engine is not
breathing out any excess fumes.

3.10. Fuel cut off switch to be operable and    10. Switch inoperable or removed.
present where known to be fitted as standard




                                              119
4. TYRES AND SPARE WHEEL
        METHOD OF INSPECTION                           PRINCIPAL REASON FOR FAILURE

4.1. Ensure that spare tyre is of same size        1. A spare wheel not provided with the
and construction as those fitted to the road       vehicle. A tyre that is of a different size or
wheels or manufacturers supplied space             construction or a non-manufactured supplied
saver wheel.                                       space saver wheel.

4.2. Examine tyres for signs of damage or
excessive uneven wear ensure spare tyre            2. Damaged, worn, sub standard or otherwise
complies with all legal requirements for tyres     illegal tyre.
when fitted to the vehicle.

4.3. Check to ensure all tyres are inflated to     3. Under inflated tyre.
correct pressure for the vehicle.

4.4. Examine the wheel brace and jack              4. Failure to provide a suitable jack/wheel
provided to ensure they are in good working        brace.
order.

4.5. Check to ensure the spare wheel fixing        5. Spare wheel and tools not secured
bracket (or similar device) will hold spare        properly.
securely in position.

4.6. Check spare wheel rim for any signs of        6. A seriously damaged or distorted rim which
distortion or damage.                              impairs the ability to hold the tyre.

4.7. All tyres to have a minimum tread depth       7. Tyres not showing the required tread depth.
of 1.6mm across 75% centre tread width with
the remaining 25% to have tread pattern
showing, including spare.
                                                   Notes:
                                                   4(a) A mix of steel and cord radials will not be
                                                   accepted.
                                                   4(b) Re-cut tyres are no accepted.
                                                   4(c) Remould tyres will NOT be acceptable.




                                                 120
5. INTERIOR OF VEHICLE
        METHOD OF INSPECTION                           PRINCIPAL REASON FOR FAILURE

5.1. Examine all floor and upholstery inside         1. A vehicle which is in a dirty condition with
the vehicle for any damage, accumulation of          accumulations of dust, dirt, litter, debris,
dirt, dust, litter, general debris, cigarette ash,   damage or staining (including roof lining).
staining, or excessive wear. Examine roof
lining for excessive staining and any damage.

5.2. Remove any mats from floor and examine          2. Evidence of leakage of water into vehicle.
carpeting for signs of leakage of water into the
vehicle.

5.3. Examine any mats to ensure they are not         3. Upholstery including trims and panels
worn, damaged or a tripping hazard.                  which are damaged, excessively worn or
                                                     holed/torn.

5.4. Sit in each of the seats within the vehicle     4. Seat cushions or back rests which are in
to ensure that all seat cushions are in good         poor condition and/or offer poor support.
condition and offer proper support.

5.5. Examine all seats to ensure they are            5. Seats which are not adequately secured
properly secured to the vehicle including fixed         to the vehicle.
seat cushions.

5.6. Check operation of interior lights,             6. Faulty interior light fitting/s or switch/es.
checking both manual and door operated
switches. (Note: All doors to have switches
fitted if fitted as standard by manufacturer).

5.7. Examine rear view mirrors to ensure they        7. A loose, cracked, damaged or missing rear
are securely fixed.                                  mirror or one that impairs vision.

5.8. Check operation of the heater and               8. Defective heater or demisters.
demisters to ensure they work correctly.

5.9. Check operation of clutch and also              9. Defective clutch operation, worn or missing
condition of pedal rubbers.                          pedal rubbers.

5.10. Check operation of rear screen heater to       10. Defective rear screen heater.
ensure it is functioning correctly.

5.11. Check operation of all window winders          11. Window winders that do not allow
and door locks ensuring they open and close          windows to be lowered/raised easily.
easily.                                              Defective window locks or associated fittings.

5.12. Check the operation of all door release        12. Defective interior door release catches.
catches including motion door locks to ensure        Defective motion locks, motion locks fitted
that doors can be opened easily from within          with override. Warning lamps inoperative,
the vehicle.                                         warning labels damaged or defaced.

5.13. Ensure childproof locks function               13. Defective childproof locks.
correctly where fitted.

5.14. Check all door handles, and grab rails         14. Door handles, interior trims, mouldings,
for condition and security. Ensure childproof        damaged, worn or not secured properly.
protection covers are in place and free of
damage and held in place securely.


                                                 121
5.15. Check for unpleasant odours within the         15. Unacceptable smells.
vehicle.

5.16. If metal grill is fitted ensure it has no      16. Loose or incorrectly fitted grill or exposed
sharp edges or exposed parts that may lead           parts that may cause injury. Privacy partition
to injury of passengers or driver, ensure grill is   obstructed.
firmly secured. (Metal grill must not prevent
operation of privacy partition).

5.17. Check that a luggage grill/cover are           17. Luggage grill/cover not fitted.
fitted to estate cars.

5.18. Check that intercom systems (where             18. Intercom system not clearly marked. No
fitted) are capable of being switched off within     means of passenger isolating system easily.
passenger compartment and that there are             Warning light not working.
signs clearly visible explaining their use and
how to switch them off. Check that a light is
visible when intercom is on.

5.19. Check condition of all electrical wiring to    19. Wiring not routed correctly, unsecure,
ensure it’s routed correctly and poses no risk       damaged, poses a hazard or risk to
or hazard to passengers.                             passengers.

5.20. CCTV shall be firmly affixed where
fitted.                                              20. Loose camera o r screen fitted.

5.21. Ensure gate around lever is present and        21. Split or missing gaiter can allow debris to
not split.                                           fall into gear linkage.


                                                     Notes:

                                                     5.1. Vehicles presented in a dirty untidy
                                                     condition will not be tested.
                                                     5.2. Where interior trims or roof lining have
                                                     one rip or tear of not more than 75mm a good
                                                     quality stitched repair is acceptable (patches
                                                     not allowed).
                                                     5.4. Patching is not acceptable on any interior
                                                     upholstery
                                                     Advice may be given that a roof lining will be
                                                     required to be renewed at the next test.
                                                     5.16. If a glass partition is fitted this must to
                                                     British Standards
                                                     5.17. All trims, mouldings, door handles, grab
                                                     handles to be free of damage.
                                                     5.19 All electrical wiring to be in good order
                                                     and securely routed. When going through
                                                     panels the wiring must be protected by rubber
                                                     grommets.




6. FIRE EXTINGUISHERS & FIRST AID

                                                122
        METHOD OF INSPECTION                           PRINCIPAL REASON FOR FAILURE

EXTINGUISHER

6.1. Check to ensure that the fire extinguisher      1. Fire extinguisher not of approved type or
is a 1-litre (3a) rated AFFF (aqueous film           rating.
foam) type or powder.

6.2. Ensure that the vehicle registration            2. Vehicle registration number is not clearly
number is clearly marked on the identification       attached to identification tag on extinguisher.
tag attached to the extinguisher.

6.3. Ensure that seal is in place and has not        3. Approved seal is not in place, or is
been tampered with and is intact.                    damaged.

6.4. Visibly check extinguisher for signs of         4. Visible signs of damage which would impair
damage.                                              its use.


6.5. Extinguishers to be affixed within the          5. Extinguisher is not mounted securely, not
driving compartment or in boot compartment           readily accessible, and not mounted in
in readily accessible position.                      approved position.

FIRST AID

6.6. A secure and clearly identifiable first aid     6. The first aid container is not secure or
container must be provided, to contain not           clearly identifiable. The first aid box does not
less than:                                           contain all the items listed in 6.6. opposite.

    10 x medifresh antiseptic wipes             or
    equivalent                                       Notes:
    1 x 7.5cm bandage                                   BAFE (British Approvals for Fire
    2 x triangular bandages                             Equipment) is the only approved
    24 x assorted plasters                              certification and maintenance scheme
    3 x large ambulance dressings                       acceptable to the Authority.
    2 x eye pads and elastic to secure                  Only persons approved by BAFE may
    12 x assorted safety pins                           maintain and certify extinguishers fitted to
    1 x pair scissors                                   hackney carriage and private hire
    2 x pairs disposable gloves                         vehicles. All information concerning the
                                                        standards for extinguishers is contained
                                                        within BS EN2.




                                                123
7. VEHICLE SIGNAGE
        METHOD OF INSPECTION                         PRINCIPAL REASON FOR FAILURE
                               HACKNEY CARRIAGE ONLY
7.1. Roof signs to be white in colour and          1. Roof sign are not white in colour or
securely fitted to the vehicle. The minimum        securely fitted to vehicle. The roof sign does
height of the roof sign must not be less than      not comply with specified sizes.
127mm. The minimum length of the roof sign
must not be less than 406mm.
7.2. Check that signage is displayed on the        2. The specified wording is not displayed on
roof with the word “Taxi” on the front and the     the roof sign.
words “BOROUGH COUNCIL OF KING’S
LYNN AND WEST NORFOLK” together with
the carriage licence number on the back
(except in the case of London style cabs).
7.3. Check that the sign shall be capable of       3. The roof sign is not capable of being
being illuminated internally in such a manner      illuminated internally.
that the words “TAXI” and the words
“BOROUGH COUNCIL OF KING’S LYNN
AND WEST NORFOLK”, together with the
carriage licence number, are illuminated at all
times when the vehicle is plying for hire, but
not otherwise.
7.4. Check all wording and numbering on the        4. Wording is not in black lettering or is not of
roof sign to be in black lettering and the word    specified size.
“TAXI” displayed at the front of the roof sign
shall be not less than 125mm in height. The
wording “BOROUGH COUNCIL OF KING’S
LYNN AND WEST NORFOLK” shall be not
less than 25mm.

                                    PRIVATE HIRE ONLY
7.5. The private hire vehicle shall not have a     5. The private hire vehicle has a roof mounted
roof mounted sign of any kind.                     sign.
7.6. The private hire vehicle shall not display    6. The private hire vehicle has the wording
any sign, which consists of or includes the        ‘taxi’ or ‘cab’ or words of a similar meaning.
word ‘Taxi’ or ‘Cab’ whether singular or plural,
or ‘Hire’, or any word of a similar meaning or
appearance to any of those words, whether
alone or as part of another word. The only
exception for use of the word ‘Hire’ displayed
on a private hire vehicle is when the word is
used in conjunction with the word ‘Private’ to
form the word ‘Private Hire’.
7.7. A sign must be displayed on each side of      7. There is no signage prominently displayed
the vehicle specifying the operator name, with     on each side of the vehicle. The signage is
a telephone number for bookings, with the          not clearly visible. The writing for the signage
wording ‘Pre-Booked Only’ or ‘Advance              is smaller than 60mm in height.
Bookings Only’, with letters no smaller than
60mm in height. The sign must be clearly
visible in a prominent position on the side of
the vehicle, i.e black or dark coloured signage
on a black vehicle would not be permitted.




                                              124
8. UNDERSIDE OF VEHICLE
        METHOD OF INSPECTION                         PRINCIPAL REASON FOR FAILURE

8.1 Check to ensure the vehicle is free of any    1. The vehicle has an excessive fuel, oil or
leakage of Water, Fuel and Oil.                   water leakage.

8.2 Check for security/wear in any drive          2. Unsecure or worn drive shaft components
shafts.                                           or mounting.

8.3 Check for excess corrosion/damage/ that       3. Evidence of excess corrosion/damage to
does not fall within the prescribed area as set   underside of vehicle.
out in the MOT testers manual.

8.4 Check for wear of any engine or               4. Worn or damaged mountings
transmission mounting that does not fall within
the scope of the MOT testers manual.

8.5 Ball joint rubbers to be free of damage.      5. Missing, torn or damaged mountings.

8.6 Damaged, torn or unsecure inner drive         6. Release of lubrication from joint.
shaft gaiters

                                                  Notes:
                                                     When a vehicle fails on fuel, oil, water
                                                     leaks, on re-test it will be left running for
                                                     no less than five minutes prior to
                                                     inspection.




                                               125
9. WHEELCHAIR FACILITIES1
         METHOD OF INSPECTION                                 PRINCIPAL REASON FOR FAILURE
9.1. Check condition of wheelchair restraints            1. Wheelchair restraints or equipment worn
and equipment                                            damaged or missing.
9.2. Check operation of wheelchair restraints.           2. Wheelchair restraints not functioning correctly.
9.3. Check operation and condition of disabled           3. Seatbelt worn, frayed, damaged or cut.
person’s seatbelt.
9.4. Check that appropriate approved ramps are           4. Ramps not of an approved type, fitting or
securely installed in the boot of the vehicle.           unsecure.
9.5. Examine the ramps for any damage, sharp             5. Ramps in poor condition or damaged or sharp
edges or corners.                                        edges showing.
9.6. Check as applicable the non-slip provision          6. Non slip provision worn or damaged, locating
and locating dowel pins are free of any damage.          dowels damaged, worn or missing.
9.7. A wheelchair space shall not be less than:          7. Wheelchair space is less than:
        1300mm measured in the longitudinal                 1300mm measured in the longitudinal plane of
        plane of the vehicle                                the vehicle
        750mm measured in the transverse                    750mm measured in the transverse plane of
        plane of the vehicle                                the vehicle
        1500mm measured vertically from any                 1500mm measured vertically from any part of
        part of the floor of the wheelchair space.          the floor of the wheelchair space.

9.8. A wheelchair space shall allow the carriage         8. Wheelchair space does not allow carriage of
of a wheelchair and a wheelchair user facing the         wheelchair user facing frontwards.
front of the vehicle.
9.9. Access to the vehicle must be possible from         9. Access to vehicle is not possible from road or
the road or pavement either by a lift or ramp.           pavement by list of ramp. Lifting device not
Any power-operated device must be capable of             capable of operating with no power.
manual operation in the event of a power failure.
9.10. A ramp should be of slip resistance                10. Ramp not slip resistant material. Width less
material and at least 750mm in width. The ramp           than 750mm and not capable of being deployed
should be capable of been deployed both onto             onto 125mm high kerb. Ramp not securely
the road and onto a 125mm high kerb. The                 located at entry point of vehicle. Slope exceeds
ramp when deployed should be securely located            1:4.
at the point of entry to the vehicle. For side &
read loading the ramps when deployed to the
pavement should not exceed a slope of 1:4.
9.11. The lift platform must be not less than            11. Lift platform less than 750mm in width or
750mm in width and not less than 1200mm in               1200mm in length. No device to prevent
length. The ramp should be equipped with a               wheelchair rolling off ramp.
device to prevent the wheelchair rolling off and
should operate at a vertical speed of less than
0.15m/s.
9.12. A 4 point anchorage system must be                 12. No 4 point anchorage system installed in
fitted, comprising two for attachment at the front       accordance with ISO 10542-2.
of the wheelchair and two at the rear of the
wheelchair, in accordance with ISO 10542-2.




     1
       Any additional Hackney Carriage Vehicle licenses issued must be wheelchair accessible (plate 53 onwards) and
     comply with condition 5.1.


                                                         126
                                                                                                                               APPENDIX 2

      Hackney Carriage & Private Hire Licensing Procedures & Conditions
      Summary of Responses to Consultation with the trade & Licensing Comments

      Topic                Comments                                                Licensing Response
      Hackney Carriage Association (56 signatories)
      Tilting Seats         Most multi-seat vehicles currently licensed would be      Proposal to be removed (agreed with Portfolio
      (Condition 3.19)      deemed unsuitable                                         Holder)
                            Middle seat on saloon vehicles
                            NCC School Contracts
                            Possible solution – safety hammer?
                            If introduced to apply to new vehicles only
                            (grandfather rights)
      Wheelchair            Lot of money spent on meeting current standards           Condition referring to vehicle length of 5 metres to be
      Accessible Vehicles   Majority of currently licensed vehicles would be          removed.
      (Condition 4.2 – 4.9) deemed unsuitable                                         Wheelchair occupants space to remain at 1300mm.
                            Agree need stricter specifications
127




                            If introduced to apply to new vehicles only
                            (grandfather rights)
                            Need checks by Licensing Officer to ensure drivers
                            are capable of using ramps and physically capable
                            of placing person in wheelchair in vehicle
      Compliance Testing    Great deal of anguish among members                       We are one of a few Councils who exempt our taxi
      Standards                  o Especially since introduction of 6 monthly         and private hire fleet from having VOSA test.
      (Condition 3.36)              test for vehicles over 5 years                    6 monthly test introduced when age/mileage policy
                            Concern for costs                                         relaxed.
                                 o £100 per annum (£200 for vehicles over 5
                                    years)
                            Removal of exemption for having MOT
                                 o Means 3 time per year (2 compliance & 1
                                    MOT)
                                 o Additional costs
                                                                                                                                    APPENDIX 2

      Topic                Comments                                                    Licensing Response
                              Questions unsuitability of current test
                              Age/Mileage Policy
                                  o Better quality
                              No instances of public safety
                              If both test required then reduce to one test per year
      Fire Equipment          Cost of tag should be met by Council                        Agree
      (Condition 3.47)        Extinguishers already checked                               Current test only checks for existence not whether in
                                                                                          date.
      Mr James Roberts
      Vehicle                 Saloons will be only able to carry 3 passengers             Remove proposal (agreed with Portfolio Holder)
      specifications          People carriers would be only licensed to carry 4
      (Condition 3.19)        passengers
      First Aid (Condition    Uncomfortable in administering first-aid                    First-aid requirement is for self administration only
      3.48)                   Being sued
128




      Bob Hutches / Martin Allen / Kevin Allen
      Vehicle                 Saloons will be only able to carry 3 passengers             Remove proposal (agreed with Portfolio Holder)
      specifications          Vehicles limited to 5 meters would not be able to
      (Condition 3.19)        accommodate wheelchair
                              MPVs safe for carrying 6/7 persons
                              7/8 seater minibuses made on commercial basis
      First Aid (Condition    Why carry first-aid kits when not qualified to use          First-aid requirement is for self administration only
      3.48)
      Advertising on          Should be allowed to advertise their own companies
      Vehicles (Condition         o Black cabs in Norwich
      3.67)
      Wheelchair Space        Vehicle would have to be over 5 meters to                   Wheelchair occupants height space to remain at
      (Condition 4.4)         accommodate 7 people plus wheelchair                        1300mm.

      Vehicle Signage         Why have Council logo?                                      Public safety – makes clear to people using the
      (Condition 5.3)         When are the council going to advertise our                 vehicle that it is licensed.
                                                                                                                                APPENDIX 2

      Topic               Comments                                                 Licensing Response
                             companies free of charge?
      Tow Bars               In favour
      Mr D & Mrs K Rissman
      CRB Checks           Why not last for 5 years?                                  Life of CRB is the authority’s discretion – we currently
                             o Same as NCC                                            have three years
                             o Link life of driver’s badge to same                    By law the driver’s licence cannot exceed three years
                                                                                      – we consider the current 12 months appropriate.
      Vehicle Length         My vehicle is 5.28 m in length                           Remove proposal (agreed with Portfolio Holder)
      (Condition 3.24)          o More space and comfort for passengers
      Roof & Boot Rack       Has cycle rack                                           Roof racks not suitable on hackneys because of roof
      (Condition 3.32)       Insurer has no problems                                  light.
                             Offering service to travelling public                    Mr Rissman’s ‘cycle rack’ obscures roof light when
                                                                                      travelling from behind.
      Wheelchair Space       Floor to roof of 1.5m too high                           Wheelchair occupants height space to remain at
                                o His vehicle purpose and 1.3m
129




      (Condition 4.4)                                                                 1300mm.
                                o Would not fit into multi storey
      Fare                   Loading should be included                               Could be deemed discriminate – if a passenger is
      Commencement                                                                    charged more for a journey that involves loading a
      (Condition 4.17)                                                                wheelchair.
      Unattended Taxis       Should be allowed to take a break whilst sitting on      Common sense should prevail but they should not
      (Condition 4.36)       rank                                                     park on the rank if they are not available for
                                                                                      immediate hire.
      Hackney Carriage       Should increase with price of fuel                       Hackney carriage fare are set by the Council
      Fares                  King’s Lynn below national average                           o Increases each year in line with PRI
                             Over areas charge 50% when more than 4                   Private Hire fare is agreement between parties
                             passengers
      Sara’s Cars (Alan Hodgkinson & Sara McGlasson)
      Age requirements       Should be any VAT registered garage                      Only applies to vehicles being considered outside
      (Condition 3.14)                                                                policy. Main dealer service history is listed as a factor
                                                                                      when considering ‘exceptional’.
                                                                                                                                  APPENDIX 2

      Topic                   Comments                                                Licensing Response
      Vehicle                   Would remove 8 seater vehicles for use as a taxi         Condition 3.19 is to be removed (agreed with Portfolio
      Specifications            Manufacturer’s vehicles will no longer be suitable       Holder)
      (Condition 3.19 &
      3.20)
      Upholstery                Should include fair wear & tear                          Agreed
      (Condition 3.54)

      LPG                       Should be in accordance with COP 11 of LPGA              Condition will be amended to reflect COP 11.
                                Spare Wheel                                              Tyre Weld
                                   o Tyre weld and compressor                               o No British Standard (BS)
                                   o Not fitted to new cars                                 o not recommended by VOSA
                                                                                            o Cannot fix splits
      Vehicle Signage           Should not be compulsory                                 Public safety – makes clear to people using the
      (Condition 5.3)           Unsightly and limits use of vehicles                     vehicle that it is licensed.
      Mr D Paisley
130




      CRB                       Forcing drivers that already have a NCC CRB to           Organisations are not permitted to share information
                                have another one is wrong                                revealed on CRB
                                Portability                                              Every three years considered appropriate
                                OFSTED
                                   o One CRB and sign certificate annually
      Age requirements          Should be any VAT registered garage                      Condition only applies to vehicles being considered
      (Condition 3.14)                                                                   outside policy. Main dealer service history is listed as
                                                                                         a factor when considering ‘exceptional’
      Exemptions to Age         Special Event Vehicles should be subject to 10 year      If Full Council agrees then exemptions will be need
      requirements              rule                                                     for ‘stretch’ limos and ‘historic’ vehicles.
      (Condition 3.17)
      Vehicle                   No 3 door vehicles would exclude purpose built           Proposal (3.19) to be removed (agreed with Portfolio
      Specifications            (e.g. VW Caravelle)                                      Holder)
      (Condition 3.18, 3.19     Vehicles would be limited to 3 passengers
      & 3.20)
                                                                                                                                 APPENDIX 2

      Topic                Comments                                                 Licensing Response
      Compliance Testing      Removal of exemption from having MOT                     Removal of exemption makes into clear that all
      Standards                 o Questions ‘raise standards’                          vehicles have been subjected to a VOSA test.
      (Condition 3.42)
      First Aid & Fire        No legislation requiring hackneys & private hire to      First-aid requirement is for self administration only
      Extinguishers           carry
      (Conditions 3.45 &      Cannot administer due to risk of being sued
      3.46)                   99% of vehicle fires electrical
                                 o AFFF not suitable
                                 o Dry powder
                              Unreasonable expenditure on overstretched owners
      Upholstery              Normal wear & tear                                       Condition will be amended to reflect ‘normal wear &
      (Condition 3.54)                                                                 tear’.
      LPG                     Should be in accordance with COP 11 of LPGA              Condition will be amended.
      Vehicle Signage         Flawed                                                   Public safety – makes clear to people using the
      (Condition 5.3)             o If PHV company has word ‘taxi’ in it               vehicle that it is licensed.
131




                              No wish to advertise out of area
                              Signs must be non-damaging to paintwork
      Wheelchair Space        Current specifications more than adequate                Wheelchair occupants height space to remain at
      (Condition 4.4)         No reason to impose measurements as long as              1300mm.
                              wheelchair fits
                              London style ‘black cabs’
      Driver Standards        Slow down application process                            Proposal withdrawn (with agreement of Portfolio
      Agency (DSA)            Costly                                                   Holder)
      (Condition 7.2.3)       Difficult to recruit drivers
      Penalty Points          Treating Licensing Officers as fools                     No not agree. Aid to enforcement
      System (Condition
      10.0)
      Cars 2 Go (Mr Robinson)
      Vehicle                Would remove 6 & 8 seater vehicles for use as a           Proposal withdrawn (with agreement of Portfolio
      Specifications         taxi                                                      Holder)
                                                                                                                                    APPENDIX 2

      Topic                  Comments                                                  Licensing Response
      (Condition 3.19 &         Middle rear seat on saloons
      3.20)                     Too restrictive
      First Aid & Fire          Clarification needed in who, where and what               First-aid requirement is for self administration only
      Extinguishers             circumstances may be used                                 Do not agree
      (Conditions 3.45 &        Service of equipment should be sourced by Council
      3.46)                     at discounted rates
      Vehicle Signage           Should be discretionary                                   Public safety – makes clear to people using the
      (Condition 5.3)           Some organisations do not want to book taxis with         vehicle that it is licensed.
                                signage on them
                                Council logo only relevant when operating within the
                                Borough
                                Not suitable for pre-booked journeys to ‘top class’
                                establishments
                                More relevant to King’s Lynn town centre
132




      Complaints by Hirers      Pre-printed forms should be available                     Agree – we will provide.
      (Condition 3.76)          Concerned that in some circumstances form may
                                be taken and submitted ‘as fun’
      Unattended Taxis          Proposal appears very stringent                           Should always be available for hire when parked on
      (Condition 4.36)          Comfort breaks                                            rank.
      Special Events            Requires more detailed definition                         Proposed condition considered adequate
      Vehicles (Condition
      6.0)
      Mr Justin Simone
      Vehicle                  Ridiculous to remove seat to get in back of 6 seater       Proposal withdrawn (with agreement of Portfolio
      Specifications           Needs all seats for own family                             Holder)
      (Condition 3.19 &
      3.20)
      Jett Airport Cars (Mr Christopher Ball)
      Vehicle                  Majority of private hire vehicles would be restricted      Proposal withdrawn (with agreement of Portfolio
      Specifications           to 4 passengers                                            Holder)
                                                                                                                              APPENDIX 2

      Topic                  Comments                                            Licensing Response
      (Condition 3.19 -
      3.33)
      Mr Mark Laverick
      First Aid & Fire         Not trained to use                                   First-aid requirement is for self administration only
      Extinguishers
      (Conditions 3.45)
      External Licence         Needs enforcing
      Plate (Condition         Sees vehicles with plate in rear window
      3.69)
      Complaints by Hirers     Pre-printed forms should be available                Agree. Borough Council will provide
      (Condition 3.76)
      Immediate Hire           Should only apply to being ‘flagged down’            It’s the law.
      (Condition 7.10.3)
      Playing of               Zero to do with public safety                        Do not agree. Certain music/volume of music could
      Radio/Music                                                                   be deemed an annoyance.
133




      (Condition 7.12.4)
      Sounding Horn            Nothing to do with public safety                     The law states that:
      (Condition 7.12.6)       Ice cream van                                           o It is for alerting danger
                               Why is Council singling out taxi drivers?               o It is Illegal to use whilst stationary
                                                                                       o It is illegal between 11:30pm & 7am
      Badges (Condition        Why do drivers get away with them hanging on
      7.19)                    rear-view mirrors or attached to dash?
                               Council should get out there and enforce
      Paul Cross Travel
      Vehicle                  Proposals would outlaw 99% of MPVs and 8 seater      Proposal withdrawn (with agreement of Portfolio
      Specifications           vehicles                                             Holder)
      (Condition 3.19 -
      3.33)
      Wheelchair Space         1300mm is adequate                                   Wheelchair occupants height space to remain at
      (Condition 4.4)          Ramps should be safe to 300kg                        1300mm.
                                                                                                                            APPENDIX 2

      Topic                 Comments                                               Licensing Response
                               Tail lift should be tested bi-annually
      Roof Signs               Totally agree
      (Condition 5.1)          Roof signs on PH creates confusion
      Vehicle Signage          Not appropriate for weddings etc.                      Public safety – makes clear to people using the
      (Condition 5.3)                                                                 vehicle that it is licensed.
      Compliance Testing       Assumed MOT was carried out as standard                The ‘assumption’ is the problem. The removal of the
      Standards                No objections to two tests per year                    VOSA exemption removes any confusion.
      (Condition 3.42)
      General                  Consideration be given to Introducing new
                               conditions
                                  o Bought current vehicle under old
                                      age/mileage rules – if waited three months
                                      could have saved money
                                  o Folding seat access could have same affect
      Bens Cars
134




      Vehicle                Just purchased New Fiat Doblo (6 passengers)             Proposal withdrawn (with agreement of Portfolio
      Specifications         Why are production vehicles unsafe?                      Holder)
      (Condition 3.19 -
      3.33)
      Guyan Transport
      Vehicle                Should apply to new vehicles only                        Proposal withdrawn (with agreement of Portfolio
      Specifications         Changes rules again will be detrimental to industry      Holder)
      (Condition 3.19 -
      3.33)
      M Whitby & S Whitby (Sally’s Cars)
      Compliance Testing     Why change something which works ok                      6 month tests for vehicles over 5 years was
      Standards              Why 6-monthly interval when HGVs & Buses do              introduced when the age/mileage policy was relaxed
      (Condition 3.42)       not?                                                     to 3 years/60K miles
      Vehicle                Spent lot of money on 2 six seaters                      Proposal withdrawn (with agreement of Portfolio
      Specifications         Unable to fulfil contract if down-graded to 4            Holder)
                                                                                                                                   APPENDIX 2

      Topic                 Comments                                                   Licensing Response
      (Condition 3.19)         passengers
      General                  Consideration be given to Introducing new
                               conditions in current economic climate
                               Why are hospital/social services runs allowed to
                               use unlicensed vehicles?
      Airport Link Taxis (Mr Paul Mitchell)
      Vehicle                  Many of the current 8 seater vehicles would not be         Proposal (Condition 3.19) withdrawn (with agreement
      Specifications           licensed under proposals                                   of Portfolio Holder)
      (Condition 3.18 –             o Shorter vehicles restrict luggage capacity          Proposal (Condition 3.24) withdrawn (with agreement
      3.24 & 4.4)                   o Trailers not customer choice                        of Portfolio Holder)
                               Removal of tilting seat would result on smaller seats
                               Wheelchair space of 1.5m would not allow carriage
                               of other passengers/luggage in a vehicle less than
                               5m
                               Configuration of seats manufactured
135




                               No evidence that tilting seats causes death or injury
                               Black cabs do not meet sizes required for
                               wheelchairs and are not forward facing
                               Little useful recommendations for wheelchair
                               access in taxis
      Special Events           Requires more detailed definition                          Proposed condition considered adequate
      Vehicles (Condition
      6.0)
      Driver Standards         Non statutory requirement                                  Proposal withdrawn (with agreement of Portfolio
      Agency (DSA)             Delays application process                                 Holder)
      (Condition 7.2.3)        Costly
                               Difficult to recruit drivers
      CRB                      Quicker and more streamlined process needed                CRB process outside Council’s control.
                               12 weeks is unacceptable for application process
      Reporting of             28 days reasonable not 7 days                              Do not agree. In some cases the Council needs to
                                                                                                                                  APPENDIX 2

      Topic                  Comments                                                Licensing Response
      Convictions                o 7 days is insufficient time for driver to            take immediate action regardless of what the driver’s
      (Conditions 7.15 &             consider response                                  response may be.
      8.23)                      o Penalty Points system penalises driver twice
                                 o Possible suspension or revocation
                                 o Many drivers accidentally caught speeding
      Carriage of dead         Why inform licensing and not police                      Requirement of Hackney Bylaws. Proposal makes it
      Body (Condition                                                                   apply to private hire.
      7.25)
      Penalty Points           Idea excellent
      System (Condition        Some too little or excessive for infringement
      10.0)                    involved
      Testing Standards        Over zealous to fail a vehicle for not having index
                               number of a fire extinguisher
      First Aid (Condition     Drivers not qualified to administer first-aid            First-aid requirement is for self administration only
      3.48)
136
                                                                  APPENDIX 3




       COMMENTS FROM THE LICENSING AND APPEALS BOARD

                            23RD OCTOBER 2008


PRESENTATION BY THE LICENSING MANAGER FOLLOWING THE
CONSULTATION PERIOD ON THE PROPOSED REVISIONS TO THE
HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING PROCEDURES
AND CONDITIONS

The Licensing Manager gave a presentation that outlined comments received
following the consultation period from Members of the Hackney Carriage and
Private Hire Trade on the proposals to revise the Hackney Carriage and
Private Hire Licensing procedures and conditions. He explained to Board
Members that the proposals would be considered by the Community and
Culture Panel on 18th November 2008, following which they would be
presented to Cabinet on 2nd December 2008 and finally Council on the 22nd
January 2009.

The Licensing Manager explained that a considerable amount of research had
been carried out, including that with other local authorities. The proposals had
been circulated to 360 members of the trade of which 76 had responded
(21%), although it was highlighted 56 of these were represented by the
Hackney Carriage Association.

The Licensing Manager highlighted to the Board the number of comments
received in relation to the relevant condition and also outlined the proposed
response. He explained that in consultation with the Portfolio Holder prior to
the meeting, it had been agreed to withdraw the following conditions:

Condition 3.19     Vehicle Specification – Tilting Seats (70 comments
received)

This proposal had received the highest number of responses and had raised
the most concern with Members of the Trade. Most multi-seat vehicles
currently licensed would be deemed unsuitable and there was no evidence to
suggest the current vehicle configuration caused problems. It had therefore
been agreed that the condition be withdrawn.

Condition 3.24  Vehicle Specification – Length of Hackney Carriage (5
comments received)

It had been proposed that in the case of Hackney Carriages, vehicles should
not be of such a length which takes up excessive space on a taxi rank and in
any case the vehicle must not be in excess of 5 metres in length. Members of
the Trade had raised concern that the length specified of 5 metres was
insufficient. It had therefore been agreed that the condition be withdrawn.


                                      137
                                                                   APPENDIX 3



Condition 7.2.3    Driver Standards Agency (DSA) (2 comments received)

It had been originally proposed that a “first time applicant” or an applicant
whose previous licence had expired, must produce a certificate issued by the
Driving Standards Agency that he/she had taken and passed the agency’s
Taxi/Private Hire Driving Assessment Test. The Board were reminded that
that they had received a presentation some time ago outlining details of the
test but at that time had agreed not to pursue the issue. There also appeared
little evidence to suggest taking such a test improved the standard of any
driver. It had therefore been agreed that this condition be withdrawn.

The Board endorsed the withdrawal of the above conditions. The following
additional conditions and the proposed response were discussed:

Condition 3.36     Vehicle Testing Standards (60 comments received)

It was proposed that the current exemption in relation to MOT testing be
removed. Although this had attracted 60 comments from Members of the
Trade, it was explained VOSA would not get involved if there was a problem
with the vehicle if it had not been certified roadworthy to MOT standard and
had a current MOT certificate. It was also explained that all Hackney Carriage
and Private Hire vehicles after five years were subject to two tests per year as
a result of the revised conditions on the age/mileage policy approved by Full
Council on 24th January 2008. The Licensing Manager confirmed that there
were only 1 or 2 other authorities within the UK that currently still had an
exemption in relation to MOT testing.

Condition 3.45     First Aid Equipment (8 comments received)

Some concern had been raised as to the requirement for First Aid equipment
to be provided in vehicles as drivers were not qualified to administer first-aid.
The Licensing Manager explained that a driver’s vehicle was considered to be
“a place of work” and therefore it was a requirement for the vehicle to have
first aid equipment. Drivers could administer first aid on themselves or if
necessary, provide the equipment for passengers to use.

Condition 3.46     Fire Equipment (57 comments received)

The Licensing Manager explained that currently checks were only made as to
whether vehicles carried a fire extinguisher and not whether it was maintained
in accordance with BS5306 Part 3 (i.e. they must have an annual service, a
five yearly service and refill). The tests must be carried out by a BAFE
certified engineer and new tags and seals must be placed on each
extinguisher after inspection. Unique identification tags would need to also be
provided and affixed to each extinguisher. The Hackney Carriage Association
had requested that the cost of the test and the proposed tag be met by the
Council. However it was proposed that the cost of the test (approx £5) should
be met by the driver, however, it was suggested that the cost of the tag be
met by the Council.


                                      138
                                                                 APPENDIX 3



Condition 3.61  Vehicles powered by Liquid Petroleum Gas (LPG) (1
comment received)

It was explained that if an LPG conversion involved the installation of an LPG
fuel tank in a vehicle’s boot space (and possible relocation of the spare
wheel), it should be a requirement that an amount of space shall remain free
for the storage of a reasonable amount of luggage and any spare wheel
displaced as a result must be stored in a location that does not impinge on the
passenger carrying area of the vehicle. A member of trade had suggested
that the spare wheel could be a “tyre weld”, however it was highlighted that a
tyre weld did not repair a split in the tyre. Councillor Tilbury proposed that
members of the trade would ensure that their vehicles were suitably equipped
with a spare wheel in some form, and that a tyre weld was suitable. It was
confirmed that currently there were approximately 5 LPG vehicles licensed
with the Council, however, it was acknowledged that this may increase over
time. Members discussed the issue and when put to the vote, it was agreed
that a tyre weld spare wheel was not suitable.

Condition 3.76    Complaints by Hirers (2 comments received)

It had been suggested by a member of the trade, that the Council should
provide a supply of complaint forms in the light that a passenger wished to
make a complaint against a driver. It was proposed that this suggestion be
taken forward.

Condition 4.4     Wheelchair Occupants Space (63 comments received)

It was explained that the Hackney Carriage Association had wanted any new
rules in relation to “wheelchair occupant space” to only apply to new licences.
It had also been highlighted by an existing operator that the proposed
1500mm (vertically from any part of the floor of the wheelchair space), which
was guidance issued by the Department of Trade, was incorrect (the operator
had a purpose built vehicle which was only 1300mm). It was proposed that
further investigation be carried.

AGREED: 1) That subject to Conditions 3.19, 3.24 and 7.2.3 being withdrawn
and the above comments be taken into consideration, the proposed revisions
to the Hackney Carriage and Private Hire Licensing Procedures and
Conditions be endorsed by Members of the Licensing and Appeals Board.

2) That the above endorsement and comments be forwarded to the
Community and Culture Panel for consideration.




                                     139
                                                                                                                           AGENDA ITEM 10

                                         COMMUNITY AND CULTURE PANEL – WORK PROGRAMME




         Corporate Strategy/Policy reviews

                    Item                           18 November 2008                    6 January 2009                     27 January 2009
          The Budget 2008/2012                                                                                   Review
       & The Fees and Charges

       Other items for review
       Art Strategy – On hold pending a review of the strategy with the new General Manager, Corn Exchange (May 2008)
       Community Cohesion Strategy (poss 06.01.09)




         Ad hoc issue based policy reviews and overviews/Items from Forward Decision List
140




                     Item                          18 November 2008                    6 January 2009                     27 January 2009
          Green Space Strategy            Review
          Private Sector Housing          Review
          Investment Policy
          Food Business Incentive         Review
          Scheme
          Hackney Carriage & Private      Review
          Hire – Licensing Procedures
          & Conditions Document
          Financial Assistance Policy                                         Review
          Review – Working Group
          Sandbags Policy                                                     Review
          Update on Equalities Issues                                         Review
          Community Cohesion                                                  Review
          Strategy

      Other items for review
              Draft Affordable Housing Policy – Gypsy and Travellers revised Norfolk Wide protocol t.b.a. (C&C 300908)
              Housing Health & Safety Rating System – Risk based assessment of Caravans and Mobile Homes t.b.a.(C&C300908)

         November 2008
                                                                                                                            AGENDA ITEM 10
               Micah Gold Report – WNP t.b.a. (C&C300908)
               Noise Nuisance – Neighbourhood Nuisance and Community Safety Team – Report on the out-of-hours service March 2009
               Alcohol Designation Order – Downham Market t.b.a.

          Presentations
                       Item                       18 November 2008                    6 January 2008                     27January 2009
           None at the moment

      Future Presentations

      -    Presentation – Local Action Groups (LAG) – All LAG minutes to be distributed to all C & C members thereafter) – J Greenhalgh
           Whole process undergoing change to CAGS(Community Action Groups) CDRP agreed to give presentation possibly – Awaiting guidance from
           the LGiU on the Councillor Call for Action

          Monitoring
                       Item                       18 November 2008                    6 January 2009                     27 January 2009
141




      Yearly Monitoring Reports

      -    Corporate Equality Schemes April/May 2009 - Policy & Performance Manager & Officer (Encompassing the Gender/Racial/Disability Equality
           Schemes)
      -    Community Safety Staffing – Strategic Housing & Community Safety Manager (On hold pending exercise on staffing of out-of-hours service)


      Future Tours

      -    The Walks Urban Park Restoration – Tour to be organised for Spring 2009




           November 2008
                                                                          AGENDA ITEM 10

                                                                                Updated051108


FORWARD DECISIONS LIST
                                                       Officer
                                                       responsible      Portfolio

2 December 2008
Partnership arrangements for surface water issues   Head of           Environment
                                                    Environmental
                                                    Health and
                                                    Housing
Food Safety Incentive Scheme                        Head of           Community
                                                    Environmental
                                                    Health and
                                                    Housing
Adoption of Revised Taxi conditions                 Head of           Community
                                                    Environmental
                                                    Health and
                                                    Housing
FIO Updated Publication Scheme                      Head of Central   Leader
                                                    Services
Timetable of meetings 2009/10                       Head of Central   Leader
                                                    Services
Byelaws – Open Spaces                               Head of Leisure   Culture
                                                    and Open
                                                    Spaces
Private Sector Housing Investment                   Head of           Community
                                                    Environmental
                                                    Health and
                                                    Housing
LDF Annual Monitoring Report                        Head of           Development
                                                    Development
                                                    Services
Council Tax and Single Person Discount Review       Head of           Leader
                                                    Revenues and
                                                    Customer
                                                    Services
Effects of changes to Council Tax discounts         Head of           Leader
                                                    Revenues and
                                                    Customer
                                                    Services
Effects of changes to Business Rates                Head of           Leader
                                                    Revenues and
                                                    Customer
                                                    Services


13 January 2009
90 London Road                                      Deputy Chief      Performance
                                                    Executive
Financial Standing Orders                           Deputy Chief      Leader
                                                    Executive
Member/Officer Protocol                             Chief Executive   Personnel
Private Sector Housing Strategy                     Head of           Community
                                                    Environmental
                                                    Health and
                                                    Housing



                                              142
                                                                         AGENDA ITEM 10

                                                                              Updated051108


KLWN Economic Strategy                               Head of         Regeneration
                                                     Regeneration
Appointment of Property Specialist for Waterside     Head of         Performance
Regeneration Area                                    Regeneration
LDF                                                  Head of         Development
                                                     Development

3 February 2009

3 March 2009

31 March 2009

6 May 2009
Forthcoming Items, as yet unprogrammed

Town Centre Management                               Head of         Regeneration
                                                     Regeneration
Planning Enforcement Case – Budgetary Implications   Head of         Development
                                                     Development
Financial Assistance Policy Review                   Head of         Community
                                                     Environmental
                                                     Health and
                                                     Housing
VAT De-Minimis                                       Deputy Chief    Leader
                                                     Executive
Affordable Housing Policy                            Head of         Community
                                                     Environmental
                                                     Health and
                                                     Housing
Asset Management - Waveney Road, Hunstanton –        Deputy Chief    Performance
Disposal                                             Executive
Asset Management - Marsh Lane, King’s Lynn –         Deputy Chief    Performance
Disposal                                             Executive




                                               143

				
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