Hackney Carriage and Private Hire Licensing Policy

1.1 This document provides guidance in relation to the penalty point system for taxi and private hire enforcement used by Buckinghamshire Council. The system operates alongside and in addition to the Council’s other enforcement powers in respect of hackney carriage and private hire licensing controls. The operation of the points system is not intended to fetter the Council’s discretion to exercise the full range of its enforcement powers as it sees fit.

1.2 Penalty points may be awarded to licence holders for failure to comply with the Council’s conditions and standards. The system may be used to issue points to licensed drivers, operators and vehicle owners. The schedule below sets out the applicable breaches for each category of licence and indicates the number of penalty points that may be awarded for failure to comply.

1.3 The penalty points system may be enforced by authorised officers of the Council and police officers who are duly authorised under the Local Government (Miscellaneous Provisions) Act 1976 and Town and Police Clauses Act 1847. In addition, Police Community Support Officers and other Local Authority Officers may refer taxi misdemeanours, along with the appropriate evidence to the Council’s Licensing Service which, in the Council’s discretion, could result in the issuing of points. Points may be issued arising from complaints from other third parties such as members of the public. Points may also be used in lieu of a written warning, for example if an applicant’s criminal disclosure reveals matters which are not sufficiently serious to warrant regulatory sanction.

1.4 Licence holders who accumulate 12 points or more with 18 months will have their licence reviewed, which may result in temporary suspension or additional assessment and testing. Licence holders who regularly accumulate points can expect more serious consequences, such as longer periods of suspension and possible revocation of their licence.

1.1 Penalty points may be issued immediately in the form of a Penalty Points Notice or following investigation by the Licensing Service.

1.2 Any penalty points issued will be confirmed in writing to the relevant licence holder or issued as a penalty points notice at the time of enforcement.

1.3 Penalty points will be issued depending on the points designated for that specific breach or, as appropriate, a specific number of points within the designated range (where a range is appropriate) depending on the facts and circumstances.

1.4 The Council retains the discretion to issue penalty points to the driver, vehicle licence holder and operator for the same contravention if the circumstances warrant it.

1.5 Penalty points against a driver who is an employee will not necessarily result in additional imposition of points to their operator.

1.6 Points will remain on the licensee’s file for a period of 18 months from the date of issue and will operate on a rolling basis. If the licence lapses during this period, the points would be noted on the system and will generally be carried onto a new licence.

1.7 There is no financial penalty associated with the system, and the licence holder may continue to work.

1.8 For persons holding more than one vehicle licence the threshold for commencement of formal action will be increased by 4 points per vehicle licence held.

For example, a person holding 2 Vehicle Licences will have a threshold of 16 points or more before formal action is taken under the penalty point scheme.

1.9 If there are three repeat contraventions within a 6-month period the Council’s licence review procedure will be triggered.

1.14 Where 12 points or applicable threshold (see 1.12 above) are imposed on an individual licence in any one 18 month period, the matter will be referred to an authorised officer for further consideration.

1.15 The officer will consider what action, if any, needs to be taken in respect of the licence. As a guide the officer will generally consider one of the following:

• suspension of the licence for up to a maximum of three months for licence holders
• requirement to attend further practical assessment and / or testing
• longer period of suspension or revocation of the licence for licence holders who have previously been referred to the office panel or where there are significant concerns for public safety

1.16 The officer may also consider taking no further action, suspending the licence for any period or revoking the licence.

1.17 Before a final decision is made, if the officer is considering suspending or revoking the licence, the licence holder will be contacted in writing with details of the Council’s concerns. The licence holder will be given the opportunity to make representation to the authorised officer before a final decision is made. Representation may be made either in an interview or in writing.

1.18 The licence holder will be informed of the officer’s final decision in writing.

1.19 Further to the serving of any suspension period, the points leading to the suspension will be removed from the licence holder’s record although details of the non-compliance resulting in the imposition of the points may be taken into consideration in the future.

1.20 The council reserves the right to suspend, revoke or refuse to renew a licence or to prosecute in appropriate circumstances and without reference to the penalty points system.

1.21 If a licence holder is not satisfied that the points attributed for an alleged breach were imposed fairly, then an appeal may be made, in writing, to the Licensing Service within 14 days of receiving a penalty points notice. No appeals will be considered outside of this time.

The decision will be reviewed by a senior officer, unconnected with the original investigation, who will, taking into consideration the representations made, either uphold the issuing of the penalty points notice or dismiss it. Where multiple points have been issued the licence holder must clearly stipulate which points they wish to be reviewed. The reviewing officer will give reasons for their decision which will be notified to the licence holder. If the decision is upheld, any points will be applied from the date of issue of the original notice.

1.22 A revocation or suspension of a driver’s licence or the refusal to renew a licence can be appealed to the Magistrates’ Court within 21 days of the date that the decision is received.

1.23 The Council reserves the right to make changes to the points system and, in particular, to vary the number of points which can be issued for a specified breach and to vary the list of specified breaches.