LANDAUS WORKING GROUP CONTENTS Foreword by the Chairman 3 Background 4 Methodology 6 Detailed Findings and Recommendations 1. 2. 3. 4. 5. 6. 7. 8. Dress Code and Conduct of Drivers Landau Driving Tests Improving Road Safety Penalty Points System Landau and Taxi Ranks Tourism Incentives Enforcement Officers Action Plan 8 8 9 10 11 11 13 13 14 2 Foreword This scrutiny was initiated following a review of the town’s hackney and private hire taxi service by the Neighbourhoods and Culture Overview and Scrutiny Committee. During the review, a number of issues with the landau service were identified, yet due to the scale of this separate licensing function, Members agreed that a separate scrutiny review and Working Group be established to consider the issues raised. Concerns had been raised that as a significant part of Blackpool tourism and heritage, the landau service, in a small number of cases, was failing to provide an optimum service for visitors. There had been growing concerns regarding the level of manure droppings left on the Promenade by the landaus, as well as complaints on road safety issues and the behaviour of a number of landau drivers. We consulted with a wide range of people regarding their views on what was positive and negative about the landau service. Those consulted ranged from local businesses, Council stakeholders, landau operators and drivers, to the Police Authority and the Council’s enforcement officers. I would like to thank everyone who contributed to this scrutiny review; be it with comments at open meetings, written submissions and to those who gave their time willingly so that this scrutiny could be completed in a timely manner. I freely acknowledge the help and assistance given to me by the other Councillors on the Committee, and the Democratic, Legal and Licensing sections of Blackpool Council. Cllr Ian Fowler Chairman, Neighbourhoods and Culture Overview and Scrutiny Committee (until May 2007) 3 Background Information At the November 2006 meeting of the Neighbourhoods and Culture Overview and Scrutiny Committee, a report on the landau (horse-drawn carriage) service was presented which outlined the current situation of the town’s tourist attraction. During the scrutiny review of the town’s taxi fleet, a number of issues with the landau service concerning road traffic safety, manure droppings and the dress code and conduct of the landau drivers were identified. However, due to the scale of this separate licensing function, Members agreed that a separate scrutiny review and Working Group be established to consider the issues raised. The Council currently licences 44 landaus under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976. There are 28 licensed operators that are restricted to 44 carriages. The Council also licences 63 landau drivers who are subjected to Criminal Record Bureau Enhanced checks in exactly the same way as a mechanised hackney driver. Also similar to hackneys, the Landaus are regulated by Hackney Bye Laws and conditions of the Landau Operators licence. At present there are 93 landau horses licensed and approved and in a typical working day almost all of them are utilised on the Promenade. Hours of operation are restricted to between 9.00 a.m. and 11.00 p.m. Fare plates displaying the tariff are displayed on the carriages, which are set by the Public Protection Sub Committee upon receipt of an application by the Landau Owners Association. Rates are set along the Promenade as this is the only route that provides water and bins for the collection of droppings. Micro-chipping of landau horses has become conditional to the licence following approval at the Public Protection Sub Committee on 14th December 2006. This has made it significantly more effective at identifying horses and monitoring their operative hours. Another item that is due for presentation at the Public Protection Sub-Committee in June 2007 is the use of manure traps. At present, there is a voluntary agreement in place whereby a landau has to carry a bucket and shovel to facilitate the driver collecting the droppings of the preceding landau as it leaves a rank. Currently there is no provision to collect droppings elsewhere or to prevent them reaching the highway. A device has been obtained to trial as a preventative measure to prevent horse manure reaching the highway. Opinion has shifted and letters of complaint regarding environmental issues such as the unpleasantness of manure fumes and the visual impact of horse droppings, are at the highest level yet. It was therefore agreed that a Landaus Working Group be established to co-ordinate work with the Licensing Section to formulate a number of feasible recommendations that would establish effective improvements to the landaus service and drive standards to a higher level. Councillors Ian Fowler (Lead Member), Kath Benson, Michael Bradley-Wilcox and Peter Evans volunteered to sit on the Working Group and upon first meeting, established the following objective: “to improve the horse, road and passenger safety of the landau service and to standardise and improve customer service.” Issues that were considered during the course of the review included: assess the current problem and identify key issues; identify where key improvements are required and ascertain how these improvements can be introduced; identify and research other Local 4 Authorities that have a Landau Licensing Policy and ascertain a ‘best practice’ approach; obtain and gather evidence from outside representatives; identify how a Landau Code of Practice could be implemented in Blackpool and outline any financial, legal, resource and time implications. In addition, the scrutiny review will also assist the Council to achieve a number of priorities and ambitions, as outlined in the Corporate Performance Plan 2006/07, under ‘The New Blackpool’ strategic objective to “renew and regenerate the town so that it can become a world-class resort destination.” It was felt that the review would also aid the Council to achieve value for money by helping the Licensing Section to provide a better landau service provision to Blackpool visitors and subsequently enhance the tourist experience to compliment the town’s major regeneration works. 5 Methodology The Working Group held a number of meetings in order to gather evidence, collect data and consult with interested parties to ascertain a clear picture of the current picture and identify those areas for improvement. The following meetings were held throughout the course of the review: Date Attendees 22nd November 2006 Cllrs Fowler, Bradley-Wilcox. 6th December 2006 Cllr Fowler 10th January 2007 Cllr Fowler Purpose Ted Rhodes (Senior Licensing Officer), Mark Marshall (Public Protection Officer), Ryan Ratcliffe (Licensing Officer), Georgina Atkinson (Scrutiny Officer) Ted Rhodes (Senior Licensing Officer), Dave Verity (Public Protection Officer), Ryan Ratcliffe (Licensing Officer), Georgina Atkinson (Scrutiny Officer) Sharon Davies (Principal Solicitor, Licensing), Ryan Ratcliffe (Licensing Officer), Georgina Atkinson (Scrutiny Officer) To discuss and establish the Scoping Document. Gathering of background information, current licensing conditions, complaints and prosecutions. Consultation meeting to discuss landau issues and potential improvements with landau owners and drivers. Representatives of Blackpool Landau Owners Association 17th January 2007 Cllrs Fowler and Bradley-Wilcox Ted Rhodes (Senior Licensing Officer), Mark Marshall (Public Protection Officer), Sharon Davies (Principal Solicitor, Licensing), Georgina Atkinson (Scrutiny Officer), Antony Hill (Principal Engineer), Carol Bracegirdle (Principal Road Safety Officer) Representatives of Lancashire Constabulary’s Road Policing division 6 To discuss the consultation meeting, issues raised and potential areas for improvement. Consideration of road safety issues. 15th February 2007 Cllr Fowler Ted Rhodes (Senior Licensing Officer), Georgina Atkinson (Scrutiny Officer), Ian Taylor (Public Protection Officer) To consider the summary of consultation questionnaire and consider potential recommendations. 21st March Cllr Fowler 2007 Ted Rhodes (Senior Licensing Officer), Georgina Atkinson (Scrutiny Officer), Sharon Davies (Principal Solicitor, Licensing) Consideration of draft recommendations. 18th April 2007 To discuss and approve the draft final report. Cllr Fowler Ted Rhodes (Senior Licensing Officer), Georgina Atkinson (Scrutiny Officer), Ian Taylor (Public Protection Officer), Sharon Davies (Principal Solicitor, Licensing) 7 Detailed Findings and Recommendations 1. Dress Code and Conduct of Drivers As the first point of contact for many visitors to the town, the Working Group felt that landau drivers should act as ambassadors and present a positive impression. There had been reported instances of drivers wearing inappropriate clothing while driving, such as string vests, sports shorts, flip flops and football shirts. In addition, the Licensing Section had also received complaints about drivers smoking in their vehicles, driving poorly, ignoring road traffic procedures and using a mobile phone while driving. Consultation undertaken confirmed that enforcement of a dress code would help to improve the image of the drivers and therefore the town and for consistency, the Working Group felt that the dress code as stated in the new Taxi Licensing Policy should also be applied to the Landaus Licensing Policy. Recommendation 1 That a formal code be implemented and enforced for dress for landau drivers to include: no sleeveless shirts; no round-necked tops or t-shirts; no clothing that has offensive slogans or logos; no sportswear shirts (i.e. football/rugby shirts); no bare chests; no sports shorts (smart shorts, trousers or skirts only); full shoes to be worn, including sandals; no flip-flops. Recommendation 2 To prohibit drivers from smoking in the landau at all times, eating on the landau in the presence of customers/passengers and holding a mobile phone while driving. 2. Landaus Driving Tests At present, all landau drivers undertake the British Carriage Driving Society test before they are permitted to undertake landau driving in Blackpool. In January 2007, the Working Group held a consultation meeting with landau operators and drivers to ascertain their views of the service and identify any issues that they may have. Both the operators and the Working Group felt that the current standard of the test was insufficient, as drivers were not tested in situ on the Promenade in heavy traffic. A crucial part of driving a landau was reacting to traffic flow, being confident driving a carriage on the highway, controlling a horse in heavy traffic and being able to react to unexpected situations. They felt that the test failed to provide the driver with sufficient experience prior to working alone and transporting customers. It was therefore considered that the test needed to be extended to include this, with drivers being tested for a longer time period in realistic and similar conditions to what they will be working in. Recommendation 3 To allow learner landau drivers to take the reins under instruction from a qualified driver. Recommendation 4 To increase the length and content of the landau drivers test to include a period of time along the Promenade in traffic conditions. 8 In addition, the Working Group felt that it would be beneficial to include a theory-based element to the test, which is currently practical only. This could include a short verbal examination with a number of questions based around the Highway Code, customer service and equine care to increase awareness of all elements of the landaus service. Recommendation 5 That theoretical questions based around the Highway Code, customer service, care of horses, etc. be included in the landaus drivers test. 3. Improving Road Safety A consultation meeting was undertaken with Lancashire Constabulary, the Council’s enforcement officers and the Travel and Road Safety Team to consider accidents and prosecutions involving landaus and to identify road safety issues. Landau operators had been accused of ignoring Road Traffic Regulations and there had been reported instances of passing through red traffic lights, illegal road manoeuvres and poor driving behaviour. Lancashire Constabulary felt that addressing road safety issues needed to be a dual process, utilising both enforcement and prosecution powers and the threat of licence revocation to try and encourage compliance. The Working Group considered a number of methods to both enhance this dual process and improve enforcement and agreed that it would be beneficial to have a dedicated police officer assigned to enforcement duties for the town’s landaus and taxis. The Council would need to provide a level of funding for this provision and so Members have recommended that the Licensing Service continue to consider this option and ascertain whether a certain level of spend would be feasible. Recommendation 7 To consider allocating a level of funding to Lancashire Constabulary to provide a dedicated officer to the taxi service. Many of the incidents and complaints with regard to the landaus were attributed to the lack of signage around the town centre and along the Promenade that could inform residents, visitors, pedestrians and other road users about the landau operating in the area. The Working Group, landau operators and Lancashire Constabulary therefore agreed that increasing awareness of the landaus and increasing safety levels could be achieved and maintained by increasing signage. This could be either along the Promenade or at the main entry routes into the town that are utilised by visitors. Recommendation 8 To raise awareness among visitors, residents and road users that landaus operate in the area through the use of signage across the town. An enforcement day that had been undertaken by the Council’s enforcement team and Lancashire Constabulary had also identified a particular problem with the junction from the Promenade onto New Bonny Street. Travelling from the south of the Promenade, right turns are prohibited at this junction, yet landaus had been reported leaving the rank on the left hand side of the road, moving into traffic and undertaking a U-turn onto the opposite side of the Promenade. It was felt that such manoeuvres, particularly during 9 peak traffic periods, caused serous road safety issues and needed to be urgently addressed. The Working Group has therefore recommended that a Traffic Order be established to prohibit U-turns at this junction and that a more suitable and safer alternative location along the Promenade be ascertained to allow the landaus to move onto the other side of the Promenade. Recommendation 9 To establish a Traffic Order to prohibit U-turns at the New Bonny Street junction of the Promenade and to explore a safe alternative location along the Promenade where landau U-turns could be permitted. 4. Penalty Points System As previously identified, the appearance and behaviour of the drivers are all of significance to a customer when using a landau as a means of transport, especially in projecting a positive image of the town. The Council has a responsibility to ensure that all drivers, owners and operators of carriages adhere to a basic minimum standard and to do this in a consistent and transparent manner. These standards are defined by legislation, licence conditions, codes, or byelaws adopted by the Council and together identify what is required of the taxi trade. During the Taxi Quality Scrutiny Review, Members identified the advantages of creating and implementing a penalty point system as a means to ensure that conditions set within licensing policies are adhered to. The system serves as an ‘early warning’ system to operators who ignore their responsibilities or fail to meet the requirements of their conditions. The Working Group discussed the possibility of introducing such a scheme with the Council’s Licensing Section and how it would operate in Blackpool. Breaches of the licensing conditions would result in landau drivers receiving penalty points, the amount dependant on the extent of the violation, up to a maximum of twelve points. Upon reaching this limit, the driver’s licence would then be automatically referred to the Public Protection Sub-Committee for consideration. Members believe that this system would assist both the Council and the landau service in maintaining high standards and therefore recommend that such a scheme be established with the Council’s landau licensing policy. Recommendation 10 To establish a penalty points system, where points are accrued against landau drivers for failing to meet the basic requirements and conditions of the landau licence and that once the maximum twelve-point limit has been reached, the matter be referred to the Public Protection Sub-Committee. In conjunction with this, a ‘How Am I Driving?’ scheme could be introduced, so that all licensed carriages in the borough have a sticker attached to the back detailing the Council’s ‘whistleblowing’ telephone number 0800 0730628, to encourage other road users, pedestrians and customers to report drivers causing concern. This number would 10 be linked to the Council’s Public Protection section who would record and investigate any complaints received. Recommendation 11 ‘How Am I Driving?’ plates/stickers to be attached to every licensed carriage, so that infringements reported through this system can be linked to the penalty point system. 5. Landau and Taxi Ranks Throughout the course of the review of the landaus service, it became apparent that there were a number of issues concerning the landau ranks along the Promenade and how these were used. There had been reported instances of over-ranking, which had caused the rear of carriages to remain in the highway, causing obstruction to passing traffic and increasing the risk of accidents. A consultation meeting was undertaken with the landau operators to discuss this issue, who attributed the problem to the general lack of rank space along the route for the number of horses operating at any one time. The landau operators also complained that a number of ranks that were previously wellused had been closed, thus reducing more rank space and that shared ranks were causing confusion and friction between the hackney taxis and landaus and were therefore not effective in their purpose. Recommendation 12 To explore the possibility of separating the shared taxi and landaus ranks to ease use of the ranks. 6. Tourism A consultation questionnaire that was circulated to a number of Council stakeholders and outside representatives demonstrated that the landaus service was regarded as a ‘desirable’ element of the tourism package. Many felt that the service was both vital to Blackpool’s heritage and unique to the town. Others felt that the service was positive to the safety of the Promenade and pedestrians by slowing down traffic, as well as being an environmentally friendly form of transport for visitors. However, a number of respondents had raised concerns with the level of manure droppings that are created by the landau service, which was usually not removed by the operators or drivers. They felt that this was detrimental to the image of Blackpool, caused health and safety issues and subsequently had a negative impact on tourism to the town. In addition, complaints from residents and visitors to Blackpool concerning horse droppings on the Promenade and popular routes between stables and the Promenade were at an all time high. The voluntary scheme requiring the removal of dung from landau ranks had only proved partially successful and did not address droppings left along the usual working routes, at traffic lights, or routes between stables and the Promenade. The deposits were foul smelling, attracted flies and had an adverse effect on seawater quality and on the road surface from a road safety viewpoint. 11 One method that has been successfully utilised elsewhere to significantly reduce the level of manure droppings on the highway is manure traps which are devices that are attached to the rear shafts of the carriage and fit under the tail of the horse to collect any droppings, without actual contact with the horse. The device has a flap underneath to allow ease of emptying by the driver. The device has been trialled in Great Yarmouth and has proven successful, with at least 90 per cent of droppings being caught. The device is expected to last several years and could easily be adjusted to fit all types of carriage and would work for horses of either sex. A number of operators felt that an independent and professional risk assessment should be carried out prior to any trial with the manure traps taking place, as the impact of wearing the trap on each horse could not be determined. A proposal to the Public Protection Sub Committee on 8th February 2007 had been presented to request that the use of manure traps be made conditional to the licence. The Committee had resolved that the Equine Consultant to the Royal Society for the Prevention of Cruelty to Animals (RSPCA) produce a research paper on the use of manure traps for landau horses in Blackpool, to present an overall balanced view to the Sub-Committee in June 2007. The Working Group has demonstrated their support for the manure traps, but in the meantime have requested that other methods of reducing the amount of horse droppings that are left on the carriageway be established and considered as feasible solutions. Recommendation 13 To establish a means to limit the amount of horse droppings that are left on the highway to improve health and safety and the view of the Promenade. Members also considered alternative ways of enhancing the landau experience for Blackpool tourists and felt that it may be advantageous to introduce landaus to other areas and tourist attractions around the town. An area that had undergone an extensive £5.1m restoration was Stanley Park and it was felt that establishing a horse-drawn carriage service would be a popular and positive addition to the newly restored Park. Members were advised that consideration was needed to town bye-laws to ascertain the legality of such a service, prior to further approval. In addition, the consultation meeting with the landau operators and drivers identified an interest in providing a landau service in the Park. Recommendation 14 To investigate the possibility of establishing a landau hackney experience in Stanley Park. 7. Incentives As it is appreciated that the recommendations mentioned above will cause some disturbance and alteration to the landau operators for a period of time, Members felt that it would be fair to return their gratitude for compliance with the changes by establishing a number of recommendations that would benefit the landau trade. 12 At the consultation meeting with the landaus operators, many felt that the hours be increased to allow them to take advantage of trade during busy periods, such as in the evening and at weekends. Recommendation 15 To amend current operating times for the landau service to 09:00 to 00:00 seven days per week. At present, the Council holds a town by-law that prohibits landaus operating past 9.00 p.m. on Saturday evenings, and it was felt that it was timely and responsive to the new tourism in Blackpool and planned improvements to consider the re-introduction of the landau service on Saturday evenings. Recommendation 15 To allow for the reintroduction of the landau service during normal operating hours on Saturday. In addition, the landau operators and drivers requested that the Licensing Service consider producing a Landaus Drivers Booklet that includes essential information relating to the landau service, such as the care of horses, licensing conditions, customer service and road safety. The booklet would need to be either on a person or in the carriage at all times during operating hours. Recommendation 16 To produce a Landaus Drivers Booklet detailing essential information relating to the landaus service, such as the care of horses, licensing conditions, customer service and road safety. 8. Enforcement Officers During the consultation meeting with the landau operators, it was felt that the Council’s enforcement officers would benefit from increased training and awareness of horses and equine care to assist their co-operation and understanding of the landau service. A fiveday training course for enforcement officers had been identified through the Open College of Equine Studies in Suffolk at the cost of £315 per person and Members felt that either this course or a suitable alternative be utilised by the Council for training purposes. Recommendation 17 To increase and improve training for the Licensing Enforcement Officers in equine care. 13 Recommendation Dress Code and Conduct of Drivers Cabinet Member Comments Agreed That a formal code be implemented and enforced for dress for landau drivers to include: no sleeveless shirts; no round-necked tops or tshirts; no clothing that has offensive slogans or logos; no sportswear shirts (i.e. football/rugby shirts); no bare chests; no sports shorts (smart shorts, trousers or skirts only); full shoes to be worn, including sandals; no flip-flops. To prohibit drivers from smoking in the landau at all times, eating on the landau in the presence of customers/passengers and holding a mobile phone while driving. Agreed Rec Accepted by Executive? Target Date for Action Lead Officer OSC Update Notes Landau Driving Tests Agreed To allow learner landau drivers to take the reins under instruction from a qualified driver. To increase the length and content of the landau drivers test to include a period of time along the Promenade in traffic conditions. Agreed That theoretical questions based around the Highway Code, customer service, care of horses, etc. be included in the landaus drivers test. Agreed Improving Road Safety Agreed To consider allocating a level of funding to Lancashire Constabulary to provide a dedicated officer to the taxi service. 15 To raise awareness among visitors, residents and road users that landaus operate in the area through the use of signage across the town. Agreed To establish a Traffic Order to prohibit U-turns at the New Bonny Street junction of the Promenade and to explore a safe alternative location along the Promenade where landau U-turns could be permitted. Agreed Penalty Points System Agreed To establish a penalty points system, where points are accrued against landau drivers for failing to meet the basic requirements and conditions of the landau licence and that once the maximum twelve-point limit has been reached, the matter be referred to the Public Protection Sub-Committee. ‘How Am I Driving?’ plates/stickers to be attached to every licensed carriage, so that infringements reported through this system can be linked to the penalty point system. Agreed 16 Landau and Taxi Ranks Agreed To explore the possibility of separating the shared taxi and landaus ranks to ease use of the ranks. Tourism Agreed To establish a means to limit the amount of horse droppings that are left on the highway to improve health and safety and the view of the Promenade. To investigate the possibility of establishing a landau hackney experience in Stanley Park. Incentives Agreed Agreed To amend current operating times for the landau service to 09:00 to 00:00 seven days per week. 17 To allow for the reintroduction of the landau service during normal operating hours on Saturday. Agreed To produce a Landaus Drivers Booklet detailing essential information relating to the landaus service, such as the care of horses, licensing conditions, customer service and road safety. Agreed Enforcement Officers Agreed To increase and improve training for the Licensing Enforcement Officers in equine care. 18