Report of the Assistant Chief Executive Legal and Governance

Report of the Assistant Chief Executive Legal and Governance to the Licensing Board

11th March 2008

Hackney Carriage and Private Hire Licensing
Private hire and Hackney Carriage Licensing Enforcement Review

Purpose

1.1 To review the enforcement regime of the Taxi Licensing Section.

2. Background

2.1 The City Council has a duty to enforce the legislation in relation to Hackney Carriage and Private Hire Drivers and vehicles.

2.2 The purpose of enforcement is to safeguard the health, safety and welfare of the public by ensuring that the relevant legislation is complied with. The aim is to provide the public with a good, accessible and safe means of transport. It must be remembered that licensed private hire and taxi drivers provide the service in order to earn a wage – they will only be there to provide the service if they are able to make a reasonable living. Enforcement is all about maintaining reasonable standards in terms of vehicle condition and driver conduct and safeguarding both the public and licensees by preventing, insofar as we are able, illegal activity by those that are not appropriately licensed.

2.3 Current enforcement takes many forms; this includes nighttime on street enforcement by Licensing Officers, daytime enforcement of the regulations and conditions of licenses issued. Enforcement is also done by way of stringent testing of vehicles at the Council’s own garage.

2.4 The Taxi Licensing Section also undertake enforcement with other agencies such as South Yorkshire Police, Vehicle Inspectorate (VOSA), Benefits agencies and others.

2.5 In the past quarter the Licensing Section has undertaken, 24 enforcement duties since June 2007 up to January 2008.

2.6 The Taxi Licensing Section have dealt with five prosecution cases during the a period of June to January 2008. The outcomes were successful and were as follows

2.6.1 Case 1. Driving a Hackney Carriage without a licence, proved, offender given 6 months conditional discharge and £50 costs awarded to the Council.

2.6.2 Case 2. Illegal Plying for hire, no insurance, proved. Fines of £150 plying £100 no ins 6 penalty points, £50 costs.

2.6.3 Case 3. Illegal lying for hire. Proved Fine £100 and £50 costs.


2.6.4 Case 4. No insurance, uttering false documents. Proved. £300 fine Costs £75 and 8 penalty points.

2,6.5 Case 5. Illegal plying for hire, using a vehicle uninsured. Proved. £150 fine Costs £150, 6 penalty points.

2.7 The Licensing Section have also issued six official cautions for offences.

3. Future enforcement

3.1 The Taxi Licensing Section has committed to undertake at least 88 enforcement activities in a calendar year they will have met that this year and may surpass those targets.

3.2 The Taxi Licensing Section undertakes various types of enforcement activities. These can include on street on foot vehicle and driver checks; visits to premises; joint exercises with other agencies.

3.3 During the last quarter Licensing Officers undertook 94 drivers’ checks, these take the form checking the driver of a licensed vehicle is wearing their ID badge and taking the details. These checks can lead to the issue of verbal or written warnings, prosecutions and/or referrals to the Licensing Board.

3.4 During the same period of enforcement 120 licensed vehicles have been checked, these checks can take the form of either full roadside inspection or maybe observations of officers who are unable to stop the vehicle at the time. For example a vehicle with a defective headlight may pass an officer who is on foot and they are unable to stop the said vehicle. A defect notice is sent then to the licensee at the earliest opportunity.

3.5 A full schedule of Private Hire Operator’s visits and inspections is now being planned and implemented. Officers have, since mid June, started regular visits to operators.

3.6 Day time enforcement of both trades and unlicensed activity has commenced and will continue through out 2007. This is now to include regular checks on licensed private hire operators.

3.7 The Taxi Licensing Section has currently 1 outstanding files for prosecution that are awaiting court trial.
Consultation


4.1 A copy of this report has been circulated to the various taxi and private hire trade associations, who have also been invited to this meeting.

5. Financial Implications

5.1 The financial cost to the Council has been recognised in the fees which have now been finalised and implemented and have been incorporated into the Licensing Section budget.


6. Recommendations
Members are asked to note the contents of this report.


Mrs E Basforth
Assistant Chief Executive
Legal & Governance
Town Hall
Sheffield
S1 2HH

March 2008