Issue - meetings

Issue - meetings

PROPOSED AMENDED PENALTY POINT POLICY AND PROCEDURE

Meeting: 11/06/2014 - Licensing Committee (Item 9)

9 PROPOSED AMENDED PENALTY POINT POLICY AND PROCEDURE pdf icon PDF 51 KB

To consider a report by the Head of Planning and Public Protection (copy enclosed) presenting an amended Penalty Point Policy and procedure for approval.

Additional documents:

Decision:

RESOLVED that a special meeting be convened to consider the Penalty Point Scheme and Procedure in detail taking into account the views of the taxi and private hire trade.

Minutes:

The Licensing Officer (NJ) submitted a report by the Head of Planning and Public Protection (previously circulated) presenting an amended Penalty Point Policy and procedure for approval.  [The existing penalty point scheme had not been implemented following its approval because of concerns at that time over the validity of such schemes.]

 

Officers reported upon the legalities of implementing a penalty point system and the need to ensure the scheme did not remove the authority’s discretion and allowed for an appropriate appeals process.  The policy aimed to improve standards in the hackney carriage and private hire trade and work in conjunction with other enforcement options to identify those individuals who repeatedly behaved in a manner which, if taken as a whole, indicated they were not fit and proper persons to hold a licence.  Consultation had taken place and the views of the respondents had been summarised in the report and taken into account when formulating the final document.  Those respondents had also been invited to attend the meeting.  Councillor Stuart Davies thought the committee should be consulted on policy issues and proposals prior to the licensed trade and other interested parties.

 

Members welcomed the introduction of a penalty point scheme as a means of improving behaviour and raising standards but were keen to ensure the scheme was equitable, particularly in the allocation of penalty points, and sought assurances in that regard.  Officers confirmed the scheme was comparable with those implemented by other local authorities and advice had been sought from James Button, Solicitor on the reasonableness of the scale of points.  Points would be allocated appropriately depending upon the circumstances of the offence.

 

At the Chair’s invitation, Mr. Les Peake, Coastline Taxis addressed the committee expressing support for the scheme provided it was implemented and policed properly.  He added that in order to maintain vehicle standards it would be necessary to prohibit cut price fare charging.  Mr. Ian Armitage and Mr. Gareth Jones stated that they represented the views of a number of licensed drivers in Rhyl.  The increase in the number of breaches subject to a penalty under the new scheme was highlighted (from 28 to 58) and although most of the proposals were supported there were a small number which caused concern.  Of particular concern was the lack of provision for toilet breaks with taxi drivers being penalised for leaving their vehicle unattended on a taxi rank.  Officers explained it was an offence to leave a vehicle unattended on a rank and the proposal attempted to address the abuse of ranks by drivers who had in the past left their vehicles to go shopping.  A common sense approach would be taken to the allocation of points in all circumstances.

 

In light of the concerns raised by the taxi trade and poor response to consultation members felt the proposals required further detailed consideration before a final policy was approved.  Consequently it was –

 

RESOLVED that a special meeting be convened to consider the Penalty Point Scheme and Procedure in detail taking into account the views of the taxi and private hire trade.

 

At this juncture (11.00 a.m.) the meeting adjourned for a refreshment break.