Report of the Business Compliance Officer

The committee received the report of the Business Compliance Officer which requested an urgent amendment to the current policy.

The Business Compliance Manager explained the reason for the urgent change which was outlined in the report.  The team needed an appropriate response should drivers fail to comply with requirements.  The amendment was included in the version the committee had just approved for consultation.

Following a question from Councillor Hannon, the Business Compliance Officer advised that the suspension would not be related to an offence but the requirement for documents to be submitted to the service, e.g. MOT certificates or insurance details.  It was important the council considered the public’s safety.  Generally the suspension period would be for a short time.

In response to a subsequent question from Councillor Khan, the Business Compliance Officer informed the committee that currently the options were a suspension for two days or for the licence to be revoked.  The service worked with the drivers as much as possible.  Due to the high number of checks currently in place a proportionate penalty was needed.

The Licensing Manager added that under the current arrangements there was no guarantee a vehicle was safe.  There were cases where the team had been unable to contact a driver and therefore officers were unclear whether the driver or vehicle were safe.  The suspension could be lifted immediately when the team received the relevant documentation.  Drivers were given every opportunity to comply and contact the council.  They were sent reminders well in advance of expiry dates, emails were sent and they were contacted by phone.  The team did everything possible to encourage and support the trade.  If a licence was revoked for failure to produce a check then there was no way back. A suspension could be lifted immediately.

Members agreed that safeguarding and the protection of the public was an important matter.  The rules and regulations were there to keep people safe.

Councillor Khan referred to the draft amendment set out in the recommendation.  He noted in paragraph 6.10.6 the phrase ‘attitude of the licence holder’ had been used.  He felt this was very subjective and could be deemed negatively.  He felt it need to be changed.

The Licensing Manager explained it referred to the general compliance of the driver during their previous licence application or renewals. 

The committee discussed the terminology and agreed the word ‘conduct’ should replace ‘attitude’.

RESOLVED –

                   that paragraph 6.10.6 be amended in accordance with the recommendation in the report and as amended by the committee, with immediate effect, until the Compliance Policy revision is agreed.