Tewkesbury taxi drivers face new penalty points as council scheme moves closer to approval

Tewkesbury Borough Council’s Licensing Committee has recommended approval of a new penalty points scheme covering hackney carriage and private hire drivers, vehicles and operators.

The proposal will now go before the council’s Executive Committee on 2 September. If approved, the revised licensing policy is expected to take effect from 28 September.

The recommendation follows an eight-week public consultation held earlier this year. Council officers currently respond to offences and licensing breaches through measures including verbal or written warnings, formal cautions, prosecution and referrals to the Licensing Sub-Committee.

Under the proposed system, points would be recorded against the licensing records of individuals responsible for relatively minor offences or acts of non-compliance. Accumulating a specified number of points within a set period would result in an automatic referral to a Licensing Sub-Committee.

The sub-committee would then consider whether the licence holder remained a fit and proper person to hold a taxi or private hire licence. The scheme would not be used to deal with criminal offences or serious breaches, which would continue to be handled through the council’s existing enforcement powers.

The draft policy proposes three penalty points for sounding a vehicle’s horn when collecting or waiting for a passenger. Refusing a fare without reasonable cause and failing to report an accident to the council within 72 hours would each attract four points.

Smoking or allowing smoking inside a licensed vehicle would result in six points under the draft scheme. The same penalty would apply where a driver carried more passengers than the vehicle’s licence permitted.

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A report considered by the Licensing Committee said: “It is hoped that the introduction of a penalty points scheme for hackney carriage (taxi) and private hire licence holders would assist the council to identify those who are not fit and proper people to hold licences and ensure high standards amongst all licence holders.”

It added: “For licence holders, the introduction of a penalty points scheme would not impact on them, provided they are compliant with relevant licensing requirements. It would also protect those licence holders that are compliant with requirements, from unfair competition from those who are not.”

Officers said the system would provide a quicker and more proportionate way of addressing lower-level breaches while creating a record of repeated non-compliance. The report said this would allow more serious action to be targeted at licence holders who regularly fail to meet their obligations.

Gloucester City Council and Cheltenham Borough Council already operate penalty point or “three strike” arrangements for hackney carriage and private hire licence holders. Tewkesbury’s proposal would bring its enforcement framework closer to those used by neighbouring licensing authorities.