Penalty points schemes5.36 Some local authorities have introduced penalty points systems as a means of taking non-statutory enforcement action against drivers, vehicle owners and operators who are in breach of the licence conditions.
The purpose of such systems is to work alongside other enforcement options and provide a record of the licence holder’s behaviour and conduct.
Such schemes also have the potential to make enforcement both more effective and more proportionate.
For example, we are aware of such schemes in Rossendale,
http://www.bbc.co.uk/programmes/p00f0rf8 (last visited 23 April 2012);
Epsom,
http://www.epsom-ewell.gov.uk/NR/rdonly ... sSheme.pdf (last visited 23 April 2012)
Worcester,
http://www.worcesternews.co.uk/news/505 ... ty_points/ (last visited 23 April 2012).
5.37 Currently the only real sanction licensing officers possess is the suspension or revocation of a licence. This may be rather draconian in some instances. By adopting a penalty points scheme, the licensing authority can call the driver, vehicle owner or operator to account for more minor breaches, whilst having a structure in place which allows for more severe sanctions in the case of multiple breaches. An example of such a scheme can be found on the website of Charnwood Borough Council.
5.38 We note that the legality of such schemes is currently being challenged on the basis that local authorities lack the power to create such a scheme. Permission to seek judicial review was granted by the Administrative Court at Cardiff on 13 February 2012.
5.39 In the next chapter we consider the procedures for hearings and appeals against decisions made by licensing authorities.
See
http://www.charnwood.gov.uk/pages/licen ... re_drivers (last visited 23 April 2012).
R (on the application of Singh and Supatax Ltd v Cardiff City Council CO/10807/2011.