Hackney Carriage and Private Hire Licensing Policy on Tinted Windows

Minutes:

The Committee reviewed the Council’s policy on tinted windows; a request arising from the previous year to revisit the subject in 2022.

 

Members considered the existing policy which was put in place in March 2017.  In the light of some high profile safeguarding cases elsewhere in the country, a number of local authorities, including Runnymede, had introduced further restrictions on hackney carriage and private hire vehicles if they fitted ‘privacy glass’.

 

The conditions about privacy glass were unpopular and increasingly so, owing to the cost and inconvenience of replacing glass to a tinting deemed acceptable and the number of out of borough vehicles operating in the borough which had a deeper level of tinting than Runnymede’s vehicles were allowed.  The Trade raised their concerns on a number of occasions but hitherto the Police supported the condition due to concern over ‘County Lines’ and safeguarding issues during consultation in 2018.  Officers made enquiries with the Police, who following research could not provide any instances where tinted windows had been a contributory factor in any recordable crimes or incidents in the borough or County.  The Police Designing out Crime Officer for the Borough had no concerns over the use of tinted windows.

 

Officers confirmed that since 2017 other measures had been put in place including mandatory safeguarding training which had raised awareness of and increased confidence in passenger safety.  In addition there was now a national database of drivers and licensing authorities were obliged to inform other Councils of any relevant suspensions and revocations.  The increased regime of 6 monthly DBS checks was a further reassurance to the public and the licensing authority which Members shared.

 

The Committee considered the relevant sections of the consultation on best practice with regard to tinted windows.  Of particular note was the need for conditions to be in place on an evidential basis and to be reasonable and proportionate.  Furthermore, licensing authorities should have regard to the views of the public and the Trade when considering the acceptance of ‘after-market’ tinting.  Officers stated that in light of this guidance it was difficult to justify the condition on tinted windows as it was currently drafted in the Council’s policy.

 

The Committee agreed, taking into account the advantages and disadvantages of tinted windows, that on balance it would be appropriate to relax the condition, particularly if it encouraged new drivers to apply and increased business.  It would also be accommodating to electric vehicles which had tinted windows for environmental reasons.

 

Members were advised that a condition would be appropriate which made reference to the minimal legal requirements.

 

RESOLVED that –

 

Paragraph 6.60 (a) – (e), 6.60 (i) – (ii) of the Council’s Hackney Carriage and

Private Hire Licensing Policy be amended as set out below:

 

i)     all windows must be kept clean and free of labels except those required by relevant legislation or licensing conditions;

 

ii)    all glazing must at all times comply with Road Vehicles (Construction and Use) Regulations 1986 regulations (as amended) with regard to the level of tint;

 

iii)   tinted films applied to the vehicle windows post manufacture are not allowed; and

 

iv)   All side and rear windows will be as installed by the vehicle’s manufacturer

 

Supporting documents: