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An insight into Sheffield enforcement.
Report re Review of Enforcement Activitiy of Taxi Licensing Section
Report of the Assistant Chief Executive Legal & Governance to the Licensing Board 31st July 2007.
Private hire and Hackney Carriage Licensing Enforcement Review
1. 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 Driver’s 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 night time on street enforcement by Licensing Officers, day time 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 Taxi Licensing Section have undertaken 26 enforcement duties, this included a joint working exercise with South Yorkshire Police, Warrants, Customs & Excise & VOSA were all involved in the operation. The operation involved vehicles being escorted to Staniforth Road Garage and given a full MOT test, the driver was also then checked for outstanding issues etc.
On the operation over a two day period between 20.00 and 03.00am the operation checked over 40 vehicles, these vehicles consisted of any licence vehicle (not just Sheffield). Of the 16 Sheffield vehicles checked there were only two that had the licence suspended at the time of the test.
2.6 The above sort of enforcement is not a regular occurrence as the resources needed are very expensive and it is not easy to bring all the different Agencies together at the one time. It takes a lot of forward planning to achieve this type of exercise.
3. Future enforcement
3.1 The Taxi Licensing Section has committed to undertake at least 88 enforcement activities in a calendar year and are on the way to meeting 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.
3.2 The Taxi Licensing Section will have undertaken double the enforcement exercises between 1st January and 1st April 2007 in the last quarter this is with the recruitment of staff which will help to maintain a high level of enforcement within the next quarter.
3.3 During the last quarter Licensing Officers undertook 69 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 80 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 4 outstanding files for prosecution that are awaiting court trial, The taxi Licensing Section in the period 1st April 2007 to 1St July 2007 have issued one official caution.
4. 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 review of April 2007 which have now been finalised and implemented and have been incorporated into the Licensing Section budget.
6. Recommendations
6.1 Members are asked to note the contents of this report.
Mrs E Basforth
Assistant Chief Executive
Legal & Governance
Town Hall
Sheffield
S1 2HH
July 2007
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