Language qualifications to be amended in Calderdale taxi and private hire licensing changes

Calderdale licensing councillors are also recommending to colleagues that they amend policy on English language qualifications to be widened to accept a higher level taught qualification as an alternative to that designated in the policy.

The council’s senior partnership enforcement officer John Beacroft-Mitchell said a year ago councillors had requested licensing policy be reviewed following guidance and recommendations issued by the Department for Transport.

Proposed changes to the policy range from basic disclosure and barring service (DBS) checks to the age and condition of vehicles, including vehicle compliance checks.

The review was now complete and councillors agreed to put the proposed changes out to consultation for a three month period.

Coun Daniel Sutherland (Lab, Illingworth and Mixenden) said drivers played a key role in keeping the community safe and the Licensing and Regulatory Sub-committee in turn can keep them safe.

Coun Robert Thornber (Con, Ryburn) asked if consultation on the policy would also take in neighbouring authorities and Mr Beacroft- Mitchell said West Yorkshire Combined Authority partners and councils “over the border” would be included.

Coun Sue Holdsworth (Lib Dem, Greetland and Stainland) asked if there was any financial help which could be given to help obtain DBS checks, as drivers were needed with more people becoming reliant on taxis and hire vehicles, especially in rural areas, as bus services were withdrawn.

Mr Beacroft-Mitchell said DBS and English language checks were required and the council helped drivers with the process but did not pay for these itself.

Taxi and private hire representatives outlined concerns including some relating to extra work for businesses which might be created by expanding the English language qualifications accepted.

Mr Beacroft-Mitchell said it was also the case that the pandemic had delayed drivers being able to take tests and get their qualifications.

Councillors heard existing policy means drivers have to complete entry level three English as a Second Language (ESL), with the alternative proposed acceptable qualification being a Level One English taught qualification or above.

Mr Beacroft-Mitchell clarified that the level three ESL was entry level and the alternate was actually a higher level of qualification.

Trade representatives raised the issue of people providing fraudulent certificates, or certificates from overseas.

Mr Beacroft-Mitchell said the council tried to verify certificates provided to it although verification by third parties might take a while and it could be quicker for potential drivers to take the ESL entry level three test.

Production of a fraudulent qualification would breach the “fit and proper” test and a licence would not be issued to drivers who did this, he said.

Coun Sutherland said it was important drivers had a good grasp of the English language as in addition to issues relating to interaction with passengers raised by other councillors there were a lot of policies they needed to understand.

He welcomed the proposal to expand the accepted qualifications. “I think it is very welcome and it will open it up to more people especially in the context of delays,” he said.

Coun Sutherland accepted these might put a burden on operators and asked if the council could require that the alternative qualification be one that was delivered or passed in the UK.

Mr Beacroft-Mitchell said there was nothing to stop councillors doing this.

Coun Sutherland said the change would clarify that responsibility would be on the driver waiting for his former academic establishment to respond, and that it was not too onerous on businesses to investigate.

Councillors agreed to recommend the change in policy be made by the full Calderdale Council, which next meets on March 23.

They also agreed to amend policies to ensure new statutory conditionality checks introduced by the Government’s Finance Act 2021 will take place.

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