Written evidence from the National Association
of Licensing & Enforcement Officers (NALEO) (TPH 34)
1. The National Association of Licensing
and Enforcement Officers is made up of persons who are employed
in positions relating to the enforcement of legislation designed
to protect the local population from unfair/unacceptable business
practices and criminal offences. The original core was developed
around Taxi & Private Hire Licensing & Enforcement and
the Association (originally NATPHLEO) has now progressed into
an "all licensing", 550+ membership base which currently
includes licensing officers in England, Wales, Scotland, Northern
Ireland, Eire and the Channel Isles. This submission is made on
behalf of those members and indicates those matters which currently
give rise to concerns amongst members.
2. NALEO is aware that the Committee is
concerned about vehicles licensed in one area being used in another
licensing district. There are three separate scenarios to this
situation.
(a) Firstly
there is an illegal plying for hire and a concurrent "No
Insurance" offence when a vehicle, licensed in another area
or wholly unlicensed acts as a hackney carriage in another district
by standing or plying for hire in a street.
(b) Secondly
there is the situation whereby a licensed Private Hire Operator
in area A despatches vehicles and drivers also licensed by area
A to undertake or complete journeys within a neighbouring district
B.
(c) Thirdly
there is the "Berwick" or "Stockton" situation
where Council A licenses a vehicle to "stand or ply within
its' district" and the vehicle is then used as a private
hire vehicle wholly within a remote district B and as the Stockton
case decided without the local regulators being able to effectively
protect the public by checking the fitness of the vehicles and
drivers.
3. In relation to scenario (a) NALEO suggests
that licensing officers should be considered for "accredited
person" status and the ability to issue fixed penalty notices
for the "No Insurance" offence in the same way that
police officers now can. The plying/standing for hire should remain
a strict liability offence and should also be considered for the
introduction of a fixed penalty option in lieu of full prosecution.
4. In relation to scenario (b), on Merseyside,
four of the five areas have jointly authorised each other's officers
as agents of the neighbouring areas. We all examine each other's
vehicles on occasion and if found unfit have the ability to suspend
the vehicle licence to protect the public. This has worked well
in practice over many years and has now been taken up in many
other areas as well. Some members do not believe that these bookings
should be legally allowed but there parent authorities have not
prosecuted due to the perceived effect of s75 (1)(a) of the Act
of 1976. NALEO recommends that, regardless of any other consideration
that, in common with a Police Officer, a Licensing Officer's functions
should extend to any vehicle licensed by another authority as
they already do to an unlicensed vehicle/driver.
5. In relation to scenario (c) members cannot
accept that a vehicle licensed, ostensibly to ply for hire in
Stockton for example should, without risk of inspection, be able
to be wholly used in South Cambridgeshire as a private hire vehicle
outside the control of South Cambridgeshire Council. The same
S75(1)(a) of the 1976 Act states "Nothing in this part of
this Act shall apply…. If a vehicle is not made available
for hire within the district". These vehicles are made available
for hire. Therefore NALEO again recommends that any legislative
change should remedy the effects of the decision in the Stockton
case that "Home Authority" officers have no power to
inspect these vehicles.
6. NALEO's recommendation is, arising from
paragraphs 2-5, that legislative change is required urgently but
that the solution to the three problems may not necessarily be
the same and that all three scenarios need to be effectively considered
in any new enactment.
7. The Town Police Clauses Acts 1847-1889
and the Local Government (Misc Provisions) Act of 1976 are in
many places contradictory and NALEO's remaining submissions are
designed to highlight areas of concern which are in addition to
the concerns outlined above and which, in our view, are no less
worthy of legislative change.
8. Within this legislation there are currently
five types of licence. There are many restrictions and procedural
differences which do not appear to have a valid cause or raison
d'etre and which are in NALEO's view long overdue for change.
Some of these are outlined below.
9. A Hackney Carriage Proprietor, a Private
Hire Driver, Proprietor and Operator can all have conditions imposed
on the issue of their licences which require them to inform the
Licensing Authority should they be convicted of offences, move
address, or becomes medically unfit whilst licensed. A Hackney
Carriage Driver cannot have such a condition imposed because he/she
is only governable by Byelaws [Wathan v Neath & Port Talbot
BC]. NALEO recommends that this unsafe situation merits consideration
of removing condition and Byelaw making powers, replacing all
with nationally consulted upon regulations made under Statutory
Instrument.
10. Almost all Taxi/Private Hire Licensing Authorities
require an enhanced CRB Disclosure for drivers as these Authorities
believe that no driver can know when his/her next fare will be
a vulnerable adult or vulnerable child. Councillors have determined
that this is the best way to safeguard such local constituents.
Should an applicant have relevant matters disclosed then there
are processes in place to ensure hearings compliant with natural
justice take place but any Authority expected to protect the public
needs all the information in front of it so as to ensure a fair
decision for all. NALEO recommends that the Transport Committee
requests Parliament to enshrine this view within any legislative
changes.
11. NALEO has for a number of years worked constructively
with many Trade Unions and Associations via the Meeting of Minds
Discussion Group in an effort to make suggestions for minor changes
in the definitions section of the 1976 Act which would remove
some of the more obvious conflicts between the Acts of 1847-1889
and the 1976 Act. The product of these discussions has been shared
with the Buses and Taxis Division of the DfT. NALEO recommends
that the Committee direct the DfT to produce the document to the
Committee with the aim of better understanding the "ground
level" concerns of those working within the Hackney &
Private Hire trades and within the Licensing & Enforcement
functions alike.
12. One of the most obvious inconsistencies is
that a radio system taking bookings for licensed private hire
vehicles needs a Private Hire Operator's Licence under Section
55 of the 1976 Act. That licence requires that booking records
are kept and made available to Police Officers and Licensing Authority
Officers alike. A similar radio system only using hackney carriages
does not need an Operator's licence. NALEO recommends that any
legislative change addresses this matter positively.
13. NALEO accepts the fact that Police forces
countrywide are under financial pressure and that very few forces
have a large traffic section capable of routinely inspecting the
increasing numbers of licensed vehicles and drivers. The fitness
of vehicles in particular is now effectively down to overstretched
licensing sections. NALEO recommends that consideration should
be given to the full range of construction & use penalty tickets
being made available to suitably trained and accredited officers.
Many Authorities prosecute for tyre offences but have to do so
via the courts at higher costs to the defendant and greater "off
district" time for the Authorities.
NALEO as an Association is committed to partnership
working with its' client group and their representatives. The
views expressed in this submission are intended to facilitate
consultation and effective resolution of many long-standing inconsistencies
within this area of legislation rather than to impose any one
perspective or viewpoint.
December 2010
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