Spring 2012 Newsletter - Basingstoke and Deane Borough Council

Enforcement cornerThe council follows astructured enforcementpolicy and investigates allcomplaints, allegations,incidents and noncompliances thoroughlybefore action is taken.Those persons subject to anallegation are always given theopportunity to state their case. Thismay be by informal discussion orinterview or in serious cases wherethere are grounds to suspect anoffence may have been committed,a formal interview under caution isrequired to ensure that legal rightsare protected.Any enforcement action is not takenlightly and must be appropriate andproportionate to the matter underinvestigation. Interviews and otheractions are carried out in line with thecouncil’s policy and the Police andCriminal Evidence (PACE) Act codes.The main consideration is the impacton public safety and the seriousnessof the allegation or offence.Taxi and private hire driver’soccupation means they are subjectto the police notification scheme.The police Central Vetting Unit willnotify us where a licensed driverhas been arrested or interviewedabout any offence. You are advisedto always notify the council if youhave been the subject of a policeinvestigation and if you are convictedof any offence during the term ofyour licence. This question is askedon application forms so any relevantinstances must be declared.Officers work in partnership withthe police and other enforcementagencies and conduct daytime andevening enforcement sessions.Since our spring 2011 newsletterthe licensing team has refused fournew private hire driver applicationsand successfully defended anappeal against one of the refusalsat a sub committee hearing and theMagistrates Court.We successfully prosecuted aformer hackney carriage driver whocontinued to drive a hackney carriagewithout a hackney carriage licencewhich resulted in significant fines andcosts to the driver.12 Taxi and Private Hire News