Agenda item

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

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)  9^th November, 2018 – a day time operation involving Licensing Enforcement Officers and Vehicle Examiners from the Smithies Lane Depot.  The operation focused on Hackney Carriage Ranks in the Barnsley Town Centre and the drivers and vehicles who operated those ranks.

·         Of the 27 vehicles inspected, 21 were found to be compliant.  Six vehicles were issued with immediate suspension notices for a variety of defects including faulty lights, fuel cap being insecure, bumpers protruding with sharp edges, blue tinted headlights, worn brake pads and missing rear reflector

·         In addition, three vehicles had also received advice in relation to an oil leak, tyres on the legal limit and dull headlights

(b)  30^th November, 2018 – a day time operation involving Licensing Enforcement Officers and Vehicle Examiners from the Smithies Lane Depot.  The operation had focussed on Private Hire Companies within the Borough.

·         Of the 20 vehicles stopped 18 were found to be compliant

·         2 vehicles were issued with immediate suspension notices for defects including inoperative rear number plate lights and nearside headlight and horn being inoperative

·         In addition one driver had received three written warnings for falsifying the daily vehicle check, failing to wear his Hackney Carriage and private Hire dual driver badge and leaving a vehicle unattended on a Hackney Carriage Rank

·         One driver had also received advice in relation to the cleanliness of his vehicle.

(c)  13^th December, 2018 – a daytime operation involving Licensing Officers and Vehicle Examiners from the Smithies Lane Depot.

·         Of the 53 vehicles and drivers stopped, 45 vehicles had been found to be compliant.

·         8 vehicles were issued with immediate suspension notices for defects predominately relating to lights and one with a tyre pressure warning light illuminated on the dashboard which was an MOT failure. 

·         In addition, Written Warnings had been issued for failing to complete the daily check book and for the windscreen washer bottle being empty

(d)  14^th December, 2018 – an exercise had been undertaken involving Licensing Enforcement Officers and the Immigration Service following intelligence received about illegal workers being employed by fast food takeaways.  Three arrests had been made and follow up work had been undertaken.  Further details would be reported to the next Statutory Licensing Regulatory Board as this operation fell within the remit of that Board under the Licensing Act 2003.

Vehicle compliance continued to be an issue and 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 pleasing to note that the number of ‘serious’ defects appeared to be reducing, concern was, however, expressed again at the number of vehicles found to have lighting defects.  It was noted that if drivers carried spare bulb kits, most could have had their vehicle suspension notice lifted almost immediately.  If, however, a vehicle was rectified in front of the ‘inspecting’ officer, a suspension notice would still be issued as this was a means of keeping records of vehicle conditions and compliance with licensing conditions

·         In response to specific questioning, Members of the Board were informed of the way in which the daily check book had been produced and of the consultation that had taken place with the trade in this respect.  It was suggested that the review of Licensing Conditions currently being undertaken, should give consideration to there being a requirement for drivers to carry spare bulbs.

·         In relation to the cleanliness and the suspension of the vehicle, it was noted that this was very much a ‘judgement call’ of the inspecting officer, however, the general rule of thumb was that a passenger should not have their clothing dirtied by using a taxi

·         Taxi usage over the Christmas and New Year period increased greatly and, therefore, officers would be on duty undertaking any appropriate inspections together with representatives of the Police

·         Reference had been made to the use of ‘Facebook’ taxis and questions were asked as to whether or not this was continuing to be a problem.  The Licensing Officer responded by stating that a great deal of work had been undertaken with the Police on this matter.  Any individual identified as offering such services was contacted and informed that this was an illegal act.  In addition, some had been invited to interviews with the Police and appropriate action taken.  It appeared that such initiatives had succeeded as no complaints were being received from licensed drivers

RESOLVED that the report be noted and the Board place on record its 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.

The Chair closed the meeting by wishing all Members and Officers a Happy Christmas and a prosperous New Year.