Agenda item

5.2

Illegal Plying for Hire Policy Review

5.2.1

The Chief Licensing Officer submitted a report on a review of the Council’s practice relating to the prosecution of suspected offenders with regard to illegal plying for hire.   Clive Stephenson reported that cases of illegal plying for hire were prevalent in the city a few years ago and the Council had established a policy in order to deal with this offence, which enabled the Council to prosecute if there was sufficient evidence.  There would then be a requirement for the driver to have their licence reviewed by the Licensing Sub-Committee.   He added that the present policy was operating successfully, specifically when cases were taken to Court.

5.2.2

HafeasRehman, Sheffield Taxi Trade Association, reported that problems of illegal plying for hire were re-emerging in the City and that there was a growing number of private hire drivers committing such offences.  He raised specific concerns with regard to drivers coming into the City from other areas and illegally plying for hire, as well as private hire drivers ranking up.  He stated that this action, particularly in the present economic situation, had the potential to cause an increase in problems of confrontation between drivers.  He added that he welcomed the enforcement work being undertaken by the Council in connection with this.

5.2.3

In response, Clive Stephenson stated that he would ensure that officers looked into the issue of private hire drivers ranking up and ensure that officers were deployed in those areas where this was occurring.  He stated that, on the basis that the Council had no powers to check the network records in other authorities, it was very difficult to prove that drivers from other areas were committing the offence of illegally plying for hire. Problems where drivers from other areas came into the City and illegally plied for hire were further complicated in that it was often difficult to distinguish between private and hackney carriage vehicles.

5.2.4

In response to questions from Members of the Committee, Mr. Stephenson stated that there were particular problems of illegally plying for hire at the top of Chesterfield Road, mainly involving drivers from Chesterfield and North East Derbyshire.  He stated that whilst a relatively small number of drivers were involved, if enforcement action was not undertaken, the number of cases would grow.  The two main private hire companies in the City - Mercury and City - fully supported the Council’s policy in terms of enforcement action against illegal plying for hire.  In terms of educating the public, whilst officers had carried out work in this area in the past, such as talking to students during freshers week, there were financial restraints in terms of the level of action that could be undertaken.  As well as problems in Chapeltown, City Road and Woodseats, the main areas in the City Centre where illegally plying for hire was prevalent was outside Embrace nightclub and on Carver Street.

5.2.5

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

5.2.6

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

5.2.7

At this stage in the proceedings, the meeting was re-opened to members of the public.

5.2.8

RESOLVED:  That the Committee (a) confirms that:-

(i)         because of the potentially serious consequences of the offence, illegal ply for hire offenders will be prosecuted (where there is considered to be sufficient evidence to secure a conviction and it is in the public interest to do so);

(ii)        officers must endeavour to recover the costs of prosecutions from those convicted in order to reduce the financial burden on licensed drivers who were operating within the law;

(iii)       officers refer any current licensed drivers to the Licensing Sub-Committee at the point that there is sufficient evidence for them to submit a file for legal proceedings to be brought against that driver;

(iv)       unless there are exceptional circumstances, offenders should be expected to have any licences they hold revoked and/or any application for a licence refused;

(v)        it deems that this offence is a matter of public safety and any revocation of a licence would be done under Section 52 of the Road Safety Act 2006, which amends Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, and means any revocation would be with immediate effect;

(vi)       the use of officers as covert passengers be endorsed as a method of enforcement and the Chief Licensing Officer be instructed to continue conducting enforcement action against this illegal activity; and

(vii)      a copy of this report and the resulting resolution be made available to the Courts when relevant cases are being considered; and

(b)       requests the Chief Licensing Officer to devise a programme in terms of education/publicity, making reference to the Council’s policy with regard to dealing with cases of illegally plying for hire, for circulation to drivers and members of the public, with such programme to be submitted to, and endorsed by, this Committee at a future meeting.