Agenda item

Report of the Director of Early Intervention and Support.

The Director of Early Intervention and Support submitted a report advising the Licensing and Public Safety Committee of the discussion with the trade in relation to the installation of CCTV and consider the proposal to postpone implementation of the condition to allow the trade and officers to review the current and emerging technology.

The Committee recalled that in 2016 the Council consulted on the Consolidated Taxi Licensing Policy. In response to this consultation, a Private Hire Operator suggested mandatory installation of CCTV in private hire and hackney carriages.

At the Licensing Liaison Panel in January 2017 this suggestion was discussed and the panel agreed a timescale for implementation of 1 January 2018. In February 2017 the Licensing and Public Safety Committee agreed the Taxi Licensing Policy, including the condition for CCTV to be installed in licensed vehicles from 1 January 2018. The CCTV condition agreed by the Council included the need for the recordings to be retained for 28 days.

Following this, it became apparent that experience from other local authorities and discussions with the trade indicated that the implementation of CCTV was more complex than originally anticipated. In particular, the storage and control of data and the options available for this technology, which was developing at a rapid rate. Members were advised that the was a lot of activity occurring regarding CCTV at present with regards to case law and an ongoing Judicial Review.

Members were informed that the Lead Licensing Enforcement Officer was working closely with neighbouring authorities with regards to CCTV and discussions were being held to provide consistency across Lancashire. It was understood that central government was also researching the implementation of a mandatory condition for the requirement of CCTV in taxi vehicles. Therefore postponing the implementation date would allow Chorley to gather more information on this.

Officers raised an agenda item at the Licensing Liaison Panel on 27 September 2017, suggesting that the panel review the current and emerging technology and good practice and postpone the implementation of the condition to allow Officers to work with the trade to find the right technological solution. Both Officers and the trade wanted to ensure that the systems installed were effective and appropriate for the requirements of both the Council and the Trade.

Officers proposed that the latest date for the implementation of this condition be 1 January 2020, in line with the review of the consolidated Taxi Policy. However, the Licensing Liaison Panel suggested assessing the developments and recommended an appropriate, more immediate implementation date according to the information brought to the panel. It was advised that Officers would relay an updated proposed specification and any other pertinent information back to the Licensing and Public Safety Committee for future consideration.

Following Member queries, it was confirmed that both data protection and ICO requirements required signage of CCTV recording taking place had to be displayed clearly in all vehicles. It was also reiterated that footage needed to be stored for 28 days in compliance with data protection and ICO requirements. Proprietors could store footage for longer than this if required.

Members discussed the need to provide the trade with further guidance for those looking to implement CCTV in their vehicles and those who already have CCTV installed. It was suggested that a document be created and provided to the trade to provide further information on the requirements. It was also agreed that the Regulatory Services Manager would provide Members with a list of licence holders who already had CCTV installed in their vehicles.

Some Members felt that January 2020 would postpone implementation for too long as it was essential that vehicles had CCTV installed. It was reiterated that the trade had requested the requirement for CCTV and therefore it was in their own interests to install CCTV in their vehicles as soon as possible. Postponing the implementation date to undertake further research would provide greater protection for the public, trade and council. It was agreed that updates would be provided at all upcoming Licensing and Public Safety Committee meetings and Licensing Liaison Panel meetings until an implementation date was finalised.

Councillor Ralph Snape and Councillor Joyce Snape left the room before the item was concluded.

After careful consideration it was proposed by Councillor Mick Muncaster, seconded by Councillor Adrian Lowe, and subsequently RESOLVED unanimously;

1.    to agree that the condition for the installation of CCTV in licensed vehicles from 1 January 2018 is temporarily postponed along with other aspects of the resolution of Licensing and Public Safety Committee on 1 February 2017 in relation to CCTV in vehicles (including CCTV in new vehicles on grant with appropriate signage and new standard conditions attached to vehicle licences relating to storage and access to footage) and kept under review by the Licensing Liaison Panel until a suitable agreed technology is identified.