Download Report

REPORT TO:
Environmental Licensing Committee
REPORT NO:
HHPPE/64/15
DATE:
18 May 2015
REPORTING OFFICER:
Head of Housing, Public Protection and
Environment
CONTACT OFFICER:
Joss Thomas (Tel: 315786)
SUBJECT:
Private Hire and Hackney Carriage Vehicle
Conditions relating to CCTV
WARD:
N/A
PURPOSE OF THE REPORT
To inform the committee of the current arrangements for CCTV systems in Private
Hire and Hackney Carriage Vehicles and introduce a draft policy for consideration.
BACKGROUND
1
In 2014 funding was obtained from the Area Planning Board to purchase 16
in-car CCTV cameras. In partnership with North Wales Police, the Licensing
Section designed and launched a scheme, known as Camera Cars in October
2014. Eight town centre Private Hire Operators each received two cameras
for use in their vehicles. Each Operator agreed to use the cameras for nine
months and sign up to terms and conditions of use which are attached as
Appendix A. Operators were also obliged to be registered as Data Controllers
with the Information Commissioners Office. Operators were informed that they
may keep the cameras for their use at the end of the scheme or return them
to the Licensing Authority, subject to completing a feedback interview at the
end of the period.
2
It is anticipated that the scheme will generate interest in CCTV systems and
that vehicle proprietors will obtain their own systems, which are readily
available to purchase independently. Operators subscribing to the Camera
Cars scheme have responded positively, some communicating that they
intend to purchase more cameras for fleet vehicles.
3
There are currently no specific licensing controls on the use of CCTV in
Private Hire and Hackney Carriage Vehicles other than those implemented in
the Camera Cars Scheme. A draft policy is attached which would place
responsibility on the proprietor of the vehicle to comply with legal
requirements and notify the local authority that a camera was being used. The
policy also gives guidelines as to the appropriate storage and usage of
recorded footage. The draft Policy is attached as Appendix B.
4
Conditions may be attached to the Private Hire Vehicle Licence. The licensing
of Private Hire vehicles is governed by the Local Government Miscellaneous
provisions Act 1976, specifically section 48:
A district council may attach to the grant of the licence under this section such
conditions as they may consider reasonably necessary.
5
Conditions may be attached to the Hackney Carriage Vehicle Licence. Section
47 of the Local Government (Miscellaneous Provisions) Act 1976 states that
1) A district council may attach to the grant of the licence of a hackney
carriage under the Act of 1847 such conditions as the district council
may consider reasonably necessary.
3) Any Person aggrieved by any conditions attached to such a licence
may appeal to a Magistrates Court.
6
If the Committee are minded to approve the draft policy on the installation and
use of CCTV in Private Hire and Hackney Carriage Vehicles, it is
recommended that the following condition is added to all Private Hire and
Hackney Carriage Vehicle licences:
The holder of the licence must notify the Licensing Authority in writing within
7 days of installing a CCTV system in the vehicle. CCTV systems in vehicles
will not record audio and must comply with the terms of the ‘Policy on the
Installation and Operation of CCTV Systems in Private Hire and Hackney
Carriage Vehicles’. The proprietor of the vehicle will ensure that appropriate
signage is displayed within the vehicle, in accordance with the policy.
RECOMMENDATIONS
That the Committee consider the draft CCTV policy for adoption by this Authority and
the inclusion of the above condition into the Private Hire and Hackney Carriage
Vehicle Licences.
BACKGROUND PAPERS
None
Website information
The Information Commissioners Office provide guidance and codes of practice on
CCTV systems:
https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf