Issue - meetings
Changes to the medical requirements for a Private Hire / Hackney Carriage (Joint) Driver
Meeting: 28/06/2018 - Licensing Committee (Item 5)
5 Changes to the medical requirements for a Private Hire / Hackney Carriage (Joint) Driver PDF 85 KB
For Members to consider changes to the medical
requirements for a Private hire / Hackney Carriage
Licence
Decision:
That the proposed changes, in order to make the process more robust, be approved by the Licensing Committee.
Minutes:
The Licensing Team Leader introduced the report which proposed a small change to the medical requirements for a Hackney Carriage/Private Hire (Joint) Driver License in order to ensure the GP undertaking the medical had full access to the patient’s medical record.
In order to hold a Private Hire/Hackney Carriage (Joint) Licence, the Authority must be satisfied that the applicant was a fit and proper person within the meaning of the Local Government (Miscellaneous Provision) Act 1976. One of the ways in which the Authority satisfied this criteria was by asking the applicant (or in the case of a renewal, the licence holder) to provide a medical examination which satisfied the DVLA Group II standard. The Group II standard was adopted in line with the Department for Transport Best Practice Guidance, and was detailed within the report.
The Licensing Section provide a medical form which a GP must complete before a licence can be granted. Currently, Flintshire Council allowed the medical form to be completed by the applicant/licence holders’ own GP, or another GP but there is nothing on the current form which allows the GP to confirm that they have had access to the patient’s medical record.
In conclusion, the Licensing Team Leader reported that the Licensing Section would like to make it compulsory for the GP completing the form to have access to the patient’s medical record which can be obtained from the patient’s own GP. A declaration would be added to the end of the form for the GP to confirm that they have had access to the medical records, therefore any medical completed without the patient’s medical records would be invalid.
Councillor Chris Dolphin asked if applicants/licence holders would view this change as an intrusion of their privacy. The Solicitor explained that this was proportionate and would not infringe on their human rights. It was important that the Authority was satisfied that the applicant/licence holder was a fit and proper person.
Councillor Adele Davies-Cooke asked why the medical form was reviewed up to the age of 65 as many people over this age may wish to apply to hold a Private Hire/Hackney Carriage (Joint) Licence. The Licensing Team Leader explained that the medical would be reviewed every five years until the age of 65, after which, a medical examination must be provided annually. This did not discourage people over the age of 65 from applying to hold a licence.
RESOLVED:
That the proposed changes, in order to make the process more robust, be approved by the Licensing Committee.