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 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:
- PENALTY POINT POLICY - APP A, item 9 PDF 91 KB
- PENALTY POINT POLICY - APP B, item 9 PDF 111 KB
- PENALTY POINT POLICY - APP B1, item 9 PDF 105 KB
- PENALTY POINT POLICY - APP C, item 9 PDF 271 KB
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.