ALL THINGS LICENSING ARTICLE BY MICK SWEENEY, UNITE UNION
On a final note, I wanted to acknowledge the concerns raised by Mr Sweeney in his article about the suitability of colleagues at Reigate and Banstead and Horsham councils who are in the South East Region and whom I feel obliged to offer support.
It is not for me to comment on the actions or decisions taken by officers of other local authorities, however I know how hard staff at these authorities work and having spoken to staff at Reigate and Banstead shortly after publication of the article, I know the matter was dealt with immediately upon receipt of the complaint and the sign removed, which is surely the desired outcome.
Clearly the Reigate driver should not have put a ‘taxi’ roof sign on their vehicle and there are obvious questions arising about both the intentions and suitability of the driver in doing so. Without knowing the circumstances of this driver, whether they mistakenly put a taxi sign on in error or were genuinely trying to operate illegally, it is impossible to comment further.
However, as is so often mentioned in PHTM, rightly or wrongly, licensing authorities are subject to compliance with the ‘Regulators’ Code’ which means we must take proportionate enforcement actions when dealing with indiscretions, as well as having regard to the Code in policy setting. Too often appeals against local authority decisions have been upheld as councils did not follow the principles of engage, explain and educate before enforcement, as set out by the Code. I have come across many similar situations where members of the trade expect robust enforcement actions in the event they raise a complaint about another driver, but expect leniency when they themselves are subject of complaint. It cannot work both ways.
Furthermore, in defence of councils generally, many licensing authorities, including the two mentioned in the article, deal with the whole raft of their council’s licensing and registration functions, from acupuncture to zoos, with premises (alcohol and entertainment) and ‘taxi’ licensing forming the majority of that work. Simply put, most councils are not resourced to respond as robustly as many customers or licence holders would like, considering the volume of licence holders they regulate, and number of complaints they receive. It is very well saying that licence fees for taxis should be set to recover costs, however obviously more staff to respond to complaints means higher fees, which is again a cause of much concern for the trade.
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Very often, escalations by complainants to councils, other elected officials and the press, divert available officer time to respond to the matter in question as they are dealing with the many subsequent follow ups, as complainants have shared their concerns far and wide.
Whilst there is nothing stopping complainants sharing their concerns, unfortunately this can detract from the original issue. In addition, I have also come across cases where complainants have raised their concerns in such a way which is inappropriate, including making unprofessional and rude remarks which in turn would cause their own suitability into question.
Naturally there are many concerns raised by Mr Sweeney in his article about out of area working and the ability of officers from one authority to deal with vehicles licensed by another area. None of these are new, or the fault of either council mentioned and will only be resolved by the Government. I would encourage Mr Sweeney and others to use their time and efforts positively to lobby the new Government to this effect, rather than the appealing option of the opportunity to criticise councils, which face continual pressures and demands to serve the public with ever reducing resources.
I would therefore encourage anyone wishing to make a complaint to do so in a constructive manner and not escalate any concerns unnecessarily, as this often detracts from the original issue and causes additional and unnecessary work. The very aim of the Institute of Licensing is to promote positive partnerships between the trade, regulators and others; and in cases such as this provide an opportunity where concerns can be discussed with mutual understanding and respect between all parties involved.
Mr Sweeney, and indeed any member of the trade or union are welcome to join a growing number of other drivers, proprietors, operators and suppliers who have joined the Institute for this very purpose.
So, whilst the results of what has been an historic election begin to take shape through new Government legislation and policy, together with all the other plethora of relevant developments in the licensing sector, make sure you join the Institute of Licensing.
Full details are available at:
www.instituteoflicensing.org.
AUGUST 2024 PHTM
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