Agenda item

5.1

The Chief Licensing Officer submitted a report relating to the review of the current policy in respect of referring current and prospective licensed drivers to the Licensing Sub-Committee and the setting of the guidelines as to when a driver and applicant should be referred.  The report had been submitted to the meeting of the Committee held on 12^th September 2013, and although the Committee had agreed in principle to a small change in the current policy, attached to the report at Appendix 1, it had requested the submission of further information on the offences and reasons that related to the issue of warnings, cautions and the prosecution of offenders.  The report contained such information, together with Appendices 2 and 3, relating to a list of the ‘common’ offences that officers may detect and details of penalty point schemes adopted by other local authorities.  Copies of the local Sheffield City Council By-Laws, relating to hackney carriages, were circulated at the meeting. 

5.2

Clive Stephenson, Principal Licensing Officer, presented the report, referring specifically to the additional information requested by the Committee at its meeting held on 12^th September 2013.  He reported on the penalty point systems adopted by a number of local authorities, indicating that, in his view, such a system would be very difficult to administer and would create problems for both officers and drivers.

5.3

Hafeas Rehman, Sheffield Taxi Trades Association (STTA), agreed with the views now made with regard to a penalty points system, indicating that such a system would place too much pressure and onus on officers, as well as creating confusion for drivers.  He agreed broadly with the present warning system, but suggested that those drivers receiving three warning letters for minor offences should be required to attend the Licensing Office to explain their behaviour in front of officers.  Mr Rehman concluded by referring to the problems facing taxi drivers in the City Centre, stating that there were very few taxi ranks and places for them to park and that, in his opinion, taxi drivers were being unfairly treated by some Parking Services staff. 

5.4

Mohammed Yasim, GMB, referred to the recent death of John Robson, the former Chair of the Committee, stating that he wished to express his sincere condolences, on behalf of the GMB, to John’s family and friends.  Mr Yasim stated that he also agreed with the officer’s view in terms of the present referral system and the penalty point system, indicating that there was no justification for the introduction of a point system and that it would be very confusing for both officers and drivers.  He reiterated Mr Rehman’s views in terms of the problems facing drivers in terms of parking in the City Centre and suggested that the Council look at this issue as a matter of urgency. 

5.5

In response to comments and questions raised, Clive Stephenson stated that it would be possible to introduce a system whereby warnings were time-limited, with the period of time being dependent on the nature of the offence.  Officers had looked at introducing a system similar to the Council’s Disciplinary Procedures, where there would be a number of informal stages prior to a warning letter being sent, and prior to any formal disciplinary process, but had decided against this as there was a difference between drivers and employees, as well as the fact that current legislation depicted that all offences should be considered as part of applications for, and reviews of, licenses.  In terms of the weightings given in respect of warnings by officers, all aspects of the case would be considered, including whether the driver had committed similar or other offences in the past, and taking into consideration the views of the public in those cases where someone had made a complaint about the actions of a driver.  Taxi Licensing Officers would continue to work with colleagues in Transport and Highways in reviewing the number of taxi ranks and parking spaces in the City Centre, particularly in the light of the increase in the number of private hire vehicles.  On this issue, the Chair stated that Taxi Licensing Officers worked closely with colleagues in Transport and Highways and Development Services when there were major developments in the City Centre, such as the new Markets building, to look at what provision could be made in terms of parking for taxi drivers.  He added that officers also liaised with the bus companies to look at how taxi drivers could rank at certain bus stops once services had stopped running late at night.  Mr Stephenson stated that having an agreed procedure in terms of the nature and number of warnings would assist officers and also help to reduce any confusion for drivers.  He stated that he would be willing to attend a future meeting of the Access Liaison Group to discuss the issue regarding the parking of taxis around the new Markets building. 

5.6

RESOLVED: That the public and press and attendees be excluded from the meeting before further discussion takes place on the grounds that, in view of the nature of the business to be transacted, if those persons were present, there would be a disclosure to them of exempt information as described in paragraph 5 of Schedule 12A to the Local Government Act 1972, as amended.

5.7

The Solicitor to the Committee reported orally, giving legal advice on various aspects of the report.

5.8

At this stage in the proceedings, the meeting was re-opened to the public and press and attendees.

5.9

RESOLVED: That the Committee:-

(a)       notes the contents of the report now submitted, the representations now made and the responses to the questions raised;

(b)       in the light of the information now reported and the representations now made, agrees that the Council should not adopt a penalty points system in connection with warnings and prosecutions for drivers and operators under the current Referrals Policy; and

(c)        (i) approves the criteria regarding the Referral of Drivers or Applicants to the Licensing Sub-Committee, relating to more serious offences, as set out in Appendix 1 to the report now submitted, and (ii) agrees that, for less serious misdemeanours, offences and breaches of conditions, (A) drivers and operators should receive a verbal warning for the first offence, a written warning for the second offence, and a final written warning for the third offence, with any further offences resulting in a referral to the Licensing Sub-Committee and (B) the term of the warnings remain on the licence in periods of calendar months, dependent on the nature of the offence.