Agenda item

Licensing Enforcement - Update

The Service Director Culture, Housing and Regulation will submit a report giving an update of the current position with regard to enforcement work undertaken by Licensing Enforcement Officers recently.

 

The Service Director will also give a verbal update of enforcement activities undertaken since the preparation of the report.

Minutes:

The Service Director Culture, Housing and Regulation submitted a report giving an update of the current position with regard to enforcement work undertaken by Licensing Enforcement Officers recently.

 

Since the last update, Licensing Enforcement Officers had proactively embarked on a number of taxi licensing enforcement operations.  The first two exercised had been undertaken at the specific request of the Council’s Internal Audit Service which was undertaking a review of Home to School Contracts and Licensing policies and procedures.  Each operation had been designed to ensure both driver and vehicle compliancy:

 

(a)  15th October, 2015 – a morning time operation involving Licensing Enforcement Officers, officers from Internal Audit and Vehicle Examiners from the Smithies Lane Depot at Greenacre School.  Given the nature of the operation, the duration was short an involved a relatively small number of vehicles.

 

·         1 Hackney Carriage and 2 Private Hire Vehicles inspected and found to be fully compliant

·         One driver issued with a written waring for failing to undertake the daily check sheet

 

(b)   5th November, 2015 – a second operation involving  Licensing Enforcement Officers, officers from Internal Audit, Vehicle Examiners from the Smithies Lane Depot and Councillors C Wraith MBE and S Green at Springwell School.

 

·         Of the vehicles inspected 16 Private Hire Vehicles and 2 Hackney Carriage Vehicles were found to be fully compliant and 16 Private Hire Vehicles were issued with immediate suspension notices for a variety of defects including lights and horn

·         3 drivers had been issued with written warnings for failing to complete the daily check sheet and for failing to display the driver ID badge

 

(c)  27th November, 2015 – a night time operation involving Licensing Enforcement Officers, Vehicle Examiners from the Smithies Lane Depot, South Yorkshire Police Traffic Unit and Councillors C Wraith MBE and S Green focusing on all licenced vehicles.

 

·         Of the 41 vehicles examined 36 were found to be fully compliant and 5 vehicles were issued with immediate suspension notices for inoperative indicator lights, number plate lights and incorrect indicator colour

·         4 drivers had been issued with written warnings for failing to complete daily check sheets, failing to display driver ID badge and incorrect display of front plate

 

(d)  11th December, 2015 – a day time operation involving Licensing Enforcement Officers, Vehicle Examiners from the Smithies Lane Depot, the South Yorkshire Police Traffic Unit and Councillor S Green focusing on licensed vehicles and operators.

 

·         14 vehicles had been inspected

·         8 vehicles had been suspended for a variety of defects including oil leaks, sharp edges and defective wing liner, inoperative indicator lights and missing wiper blades (which had resulted in the scratching of the windscreen obscuring the drivers view)

·         3 drivers had been issued with written warnings for failing to failing to complete or falsifying daily check sheets (all vehicles had been found to be defective and had been suspended)

·         The South Yorkshire Police Traffic Unit had also issued three fixed penalty notices to licensed drivers for speeding offences

 

Vehicle compliance continued to be an issue and was at the forefront of every enforcement operation and with every Vehicle Examiner whilst undertaking vehicle inspections.  It was pleasing to note, however, that vehicle compliance was continuing to improve and was a testament to the hard work of the staff involved with enforcement.  It was disappointing, however, that a minority of drivers were continuing to fail to complete basic vehicle inspection sheets as these had been introduced at the request of the trade and were a valuable took in ensuring the continued safety of all licenced vehicles.

 

Proactive enforcement operations would continue to be undertaken on a quarterly basis.

 

The Chair circulated a copy of a letter received from Mr D Wilson of A2Z Licensing expressing, on behalf of his clients Barnsley Hackney Carriage Association and Blueline Taxis expressing thanks for comments he had made in the media and for explaining that all defects discovered on the enforcement exercises were of a minor nature.  Mr Wilson had also commented on the success of the work of the Trade Liaison Group, on the combined effects of the use of external MOT testing stations and increased roadside enforcement which was continuing to show dramatic improvements in vehicle compliance which was hoped would continue.  Finally, he asked to place on record his thanks on behalf of his clients to all officers for their contribution to these and other initiatives which were promoting public safety, ensuring that vehicles were safe and in tackling dangers to the public of using bogus Hackney carriage and Private Hire vehicles.

 

In the ensuing discussion, and in response to questioning, particular reference was made to the following:

 

·         The involvement of Councillors at enforcement operations was very much welcomed and encouraged

·         The continuing reduction in number of faults found was very encouraging.  It was noted, however, that some minor defects could nevertheless have devastating consequences

·         There was a discussion of the reasons for the number of defective indicator lights discovered and to the fact that Trading Standards were involved as it was thought that possibly a defective batch could have been on sale within the town.  Members stressed the importance, therefore, of drivers carrying spare bulb sets

·         Members of the Board were reminded that drivers receiving three written warnings within a 12 month period were required to appear before a General Licensing Regulatory Board Panel to explain their behaviour

·         There was a discussion of ways in which drivers could have their licences reinstated quickly following the rectification of minor faults

·         In response to questioning about fines to discourage non compliance, it was explained that the Licensing Service could not ‘make a profit’ and could only receive income to cover the costs of operating the service

 

RESOLVED:

 

(i)            That the report and letter from A2Z Licensing be received; and

 

(ii)          That the Board place on record their thanks and appreciation to the staff within the Licensing Service and Smithies Lane Depot for all their hard work in undertaking Enforcement activities and ensuring the continued safety of the travelling public and for the outstanding results currently being achieved.

Supporting documents: