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Penalty points schemes

5.36 Some local authorities have introduced penalty points systems as a means of taking non-statutory enforcement action against drivers, vehicle owners and operators who are in breach of the licence conditions.

The purpose of such systems is to work alongside other enforcement options and provide a record of the licence holder’s behaviour and conduct.

Such schemes also have the potential to make enforcement both more effective and more proportionate.

For example, we are aware of such schemes in Rossendale, http://www.bbc.co.uk/programmes/p00f0rf8 (last visited 23 April 2012);

Epsom, http://www.epsom-ewell.gov.uk/NR/rdonly ... sSheme.pdf (last visited 23 April 2012)

Worcester, http://www.worcesternews.co.uk/news/505 ... ty_points/ (last visited 23 April 2012).

5.37 Currently the only real sanction licensing officers possess is the suspension or revocation of a licence. This may be rather draconian in some instances. By adopting a penalty points scheme, the licensing authority can call the driver, vehicle owner or operator to account for more minor breaches, whilst having a structure in place which allows for more severe sanctions in the case of multiple breaches. An example of such a scheme can be found on the website of Charnwood Borough Council.

5.38 We note that the legality of such schemes is currently being challenged on the basis that local authorities lack the power to create such a scheme. Permission to seek judicial review was granted by the Administrative Court at Cardiff on 13 February 2012.

5.39 In the next chapter we consider the procedures for hearings and appeals against decisions made by licensing authorities.

See http://www.charnwood.gov.uk/pages/licen ... re_drivers (last visited 23 April 2012).

R (on the application of Singh and Supatax Ltd v Cardiff City Council CO/10807/2011.

Author:	captain cab [ Fri May 11, 2012 8:20 pm ]
Post subject:	LC Penalty Point Schemes
Quote: Penalty points schemes 5.36 Some local authorities have introduced penalty points systems as a means of taking non-statutory enforcement action against drivers, vehicle owners and operators who are in breach of the licence conditions. The purpose of such systems is to work alongside other enforcement options and provide a record of the licence holder’s behaviour and conduct. Such schemes also have the potential to make enforcement both more effective and more proportionate. For example, we are aware of such schemes in Rossendale, http://www.bbc.co.uk/programmes/p00f0rf8 (last visited 23 April 2012); Epsom, http://www.epsom-ewell.gov.uk/NR/rdonly ... sSheme.pdf (last visited 23 April 2012) Worcester, http://www.worcesternews.co.uk/news/505 ... ty_points/ (last visited 23 April 2012). 5.37 Currently the only real sanction licensing officers possess is the suspension or revocation of a licence. This may be rather draconian in some instances. By adopting a penalty points scheme, the licensing authority can call the driver, vehicle owner or operator to account for more minor breaches, whilst having a structure in place which allows for more severe sanctions in the case of multiple breaches. An example of such a scheme can be found on the website of Charnwood Borough Council. 5.38 We note that the legality of such schemes is currently being challenged on the basis that local authorities lack the power to create such a scheme. Permission to seek judicial review was granted by the Administrative Court at Cardiff on 13 February 2012. 5.39 In the next chapter we consider the procedures for hearings and appeals against decisions made by licensing authorities. See http://www.charnwood.gov.uk/pages/licen ... re_drivers (last visited 23 April 2012). R (on the application of Singh and Supatax Ltd v Cardiff City Council CO/10807/2011.

Author:	edders23 [ Fri May 11, 2012 8:36 pm ]
Post subject:	Re: LC Penalty Point Schemes
our council just wasn't interested in objections they polughed on with it regardless I believe peterborough introduced theirs nearly 20 years ago perhaps they should look at their experience

Author:	captain cab [ Fri May 11, 2012 8:44 pm ]
Post subject:	Re: LC Penalty Point Schemes
In the grand context of this it seems a rather 'pointless' section. The LC appear to be digging themselves into a hole in this part, the concept of penalty point schemes is about to be subject to judicial review, so facing facts they're legally dubious. For them to state a "licensing officers only real sanction is" is also a rather curious remark to make in a document of significance to all of us. It shows a lack of knowledge in respect of both delegated powers from a licensing committee, and indeed fails to recognise the LO is a servant of the council, he isnt Judge Dredd ffs. I fail to grasp how the LC dont comprehend that a LO could refer someone to a licensing committee, or put a note on their record, or issue a warning letter......clearly the LC dont understand taxi and private hire.

Author:	captain cab [ Fri May 11, 2012 8:45 pm ]
Post subject:	Re: LC Penalty Point Schemes
edders23 wrote: our council just wasn't interested in objections they polughed on with it regardless I believe peterborough introduced theirs nearly 20 years ago perhaps they should look at their experience Yes but judging from what youve said in the past, your licensed by a bunch of halfwits.

Author:	edders23 [ Fri May 11, 2012 8:48 pm ]
Post subject:	Re: LC Penalty Point Schemes
no quarterwits !!!

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Author:	charles007 [ Fri May 11, 2012 9:40 pm ]
Post subject:	Re: LC Penalty Point Schemes
in the LC report for a better word its says that a council is being reviewed about it Points policy, as that been head yet by the court.

Author:	captain cab [ Fri May 11, 2012 9:43 pm ]
Post subject:	Re: LC Penalty Point Schemes
charles007 wrote: in the LC report for a better word its says that a council is being reviewed about it Points policy, as that been head yet by the court. no Charles, the judicial review hasnt been heard yet, but TDO will report it when its been decided.

Author:	Sussex [ Fri May 11, 2012 9:46 pm ]
Post subject:	Re: LC Penalty Point Schemes
I have mixed views on penalty points, and penalty fines. Yes they are draconian, but would it have been better if they had been available and issued by the nutcase council where Nidge works, in relation to the lads being suspended for double parking?

Author:	captain cab [ Fri May 11, 2012 9:48 pm ]
Post subject:	Re: LC Penalty Point Schemes
Sussex wrote: I have mixed views on penalty points, and penalty fines. Yes they are draconian, but would it have been better if they had been available and issue by the nutcase council where Nidge works, in relation to the lads being suspended for double parking? Ultimately that council and any council shouldnt be allowed to give delegated powers of suspension in the manner they did to that LO. Whoever he was seriously needs therapy.

Author:	edders23 [ Tue May 15, 2012 12:20 pm ]
Post subject:	Re: LC Penalty Point Schemes
If they add this into the cab act they also need to CLEARLY define the powers of LO's and appeals procedures in respect of points being added and also to set out in law what can and cannot be included as clauses because vertainly in our case they put in a general catch all clause which effectively stated they could issue points for anything not already mentioned on a whim essentially and that is blatantly unfair and open to abuse or misinterpretation

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