Agenda item

Enforcement Update

The Service Director Legal Services will submit a report providing an overview of the work Licensing Enforcement Officers have undertaken to date.

Minutes:

The Service Director Legal Services submitted a report providing an overview of the work of Licensing Enforcement Officers undertaken recently.

 

Licensing Enforcement Officers had proactively embarked on a number of taxi licensing enforcement operations as follows:

 

(a)  18th September, 2018 – a day time operation involving Licensing Enforcement Officers and Vehicle Examiners from the Smithies Lane Depot.  The operation focused on Springwood School and the drivers and vehicles that were contracted to transport children to and from the school on a daily basis.

 

·         Of the 31 vehicles, 26 were found to be compliant.  Five vehicles were issued with immediate suspension notices for a variety of defects including faulty lights and tyres below the legal limit

·         In addition, 2 drivers had been issued with Written Warnings for failing to complete their daily vehicle checks

 

(b)  10th October, 2018 – a day time multi agency operation involving Licensing Enforcement Officers, Vehicle Examiners, HMRC, South Yorkshire Police and Barnsley Safer Neighbourhood Team focusing on Private and Hackney Carriage vehicles and drivers in the Town Centre.

 

·         Of the 14 vehicles stopped and inspected 11 were found to be compliant

·         2 vehicles were issued with immediate suspension notices for defects including inoperative lights, for having a dirty vehicle and for having the private hire plate being incorrectly displayed in the rear window

·         On unlicensed vehicle had been stopped and inspected and Officers removed a Rotherham Private Hire Sign.  Details of this had been referred to Rotherham Council for action

·         In addition, one driver had been issued with a Written Warning for failing to complete the daily vehicle checks

 

Vehicle compliance continued to be an issue at the forefront of every enforcement operation and with every Vehicle Examiner whilst undertaking vehicle inspections.  Defective vehicles were not acceptable and could not be excused and this, coupled with failing to complete basic vehicle inspection sheets was a continuing concern as not only had the Trade requested this , but it was a valuable tool that ensured the safety of the licensed vehicle. 

 

Further proactive enforcement operations would continue to be undertaken to ensure that drivers, operators and vehicle proprietors took responsibility for their failures and made appropriate changes as this was key to ensuring the safety of the travelling public.

 

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

 

·         It was reported that, whilst enforcement action could not be taken against any vehicles/drivers licenced by other authorities, details of any failures identified would be referred to those authorities for appropriate action

·         It was noted that vehicles found to have defects were suspended until such time as those defects were rectified and the vehicle resubmitted for inspection.  The loss of earnings was also regarded as a penalty.  Written Warnings were not generally issued for bulb failures largely because they could occur at any time irrespective of whether or not lights had been checked prior to commencing work

·         Arising out of the above, the Chair reminded the Board that drivers had been advised to carry spare bulbs so that failures could be immediately rectified at the roadside

·         There was a discussion as to whether or not the Authority had ‘strict’ enough standards for licenced vehicles.  The Licensing Officer outlined the current requirements and indicated that vehicles had to be legally compliant in a similar manner to all other vehicles on the road. 

·         Reference was made to the requirement in some other local authority areas for tyres on licensed vehicles to be a minimum of 2mm whereas Barnsley’s minimum was 1.6mm.  Some Members were surprised that some neighbouring authorities had higher requirements than applied in Barnsley.  Arising out of this it was suggested  that stricter standards should apply and that sanctions/punishments for contravening licensing requirements should be harsher

·         Arising out of the above, reference was made to the decision made several years previously to outsource vehicle inspections and to the rationale for this decision.  It was suggested that further consideration be given to whether or not this decision should be reviewed in the light of the current failure rates many of which related to the same types of issues (lights and tyres).  The Licensing Officer reported that following the Service’s move to the Core Services Directorate, all policies and procedures were being reviewed and consultation would take place with this Board on any proposals for change.  Members particularly stressed the urgency of completing this review

·         In response to specific questioning, the Licensing Officer reported that a Written Warning remained on a driver’s record for 12 months and all drivers receiving three Written Warnings within a 12 month period required a driver to appear before a General Licensing Regulatory Board Panel

·         Concern was expressed at an unlicensed vehicle being found with a Rotherham MBC plate.  The Licensing Officer stated that this was the first time in over 20 years that this had been observed and such issues were not, therefore, considered to be a major issue.  A discussion ensued in relation to the Barnsley requirements in relation to the return of ‘defunct’ plates.  It was noted that if an owner/driver chose not to renew their vehicle licence  there was no requirement to hand those plates back to the Licensing Service.  This was not thought to be an issue as the licences no longer remained ‘live’ and, therefore, had no value.  Licence plates were required to be returned in the event that a vehicle licence was suspended or revoked. Some Members were, however, concerned that plates not returned could then be used illegally.  In response, the Licensing Officer reported that this was not an issue within Barnsley.  The Licensing Trade was generally ‘self-policing’ and any illegal drivers identified would be reported to the Licensing Service for appropriate action

·         In relation to the failure to complete the daily check sheets, it was suggested that a technological solution might be the a way forward, however, it was noted that such systems would be difficult to enforce given that some drivers frequently moved from one operator to another and also, the completion of an electronic record still did not mean that the necessary checks would have been undertaken.  It was disappointing that some drivers were still failing to complete their daily check sheets as this was something that the Trade had requested be introduced

·         Arising out of the above, it was suggested that the review currently being undertaken could introduce more stringent penalties so that in the event of a daily check sheet not being completed a driver could be suspended for one day

 

RESOLVED:

 

(i)             that the Board place on record their thanks and appreciation to the staff within the Licensing Service, Smithies Lane Depot and  Barnsley Safer Neighbourhood Team and within other services 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; and

 

(ii)          That the proposals for a review licensing conditions be supported and Officers be requested to bring back consultation proposals to this Board as a matter of urgency.

Supporting documents:

 

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