The aim of the penalty point scheme is to work in conjunction with other enforcement options. It provides a formalised stepped enforcement plan. The purpose of the scheme is to record misdemeanours and to act as a record of driver’s behaviour and conduct to ascertain whether they are a safe and suitable person to hold a licence. This scheme does not prejudice the Licensing Authority’s ability to take other actions such as prosecutions for a single breach contravening any local policy, licence conditions or legislation.
The main features of the scheme are as follows:
- points are issued to licence holders for breaches of licensing conditions or legislation
- a total of 12 points issued to an individual licence holder in any 12-month period will result in an enforcement review.
- points issued to a licence holder will be automatically removed after 12 months have elapsed from the date the points were issued; and
- licence holders have a written right of appeal to the service manager within seven days of points being issued and the decision of the service manager in respect of any appeal is final.
In conducting an enforcement review of a licence where the holder reaches 12 points within any 12 month period, the Licensing Authority will take account of all of the pertinent facts, and of any representation made by the driver, Operator or proprietor before considering what action, if any, would be appropriate and proportionate to take. Each case will be considered on its own merits. The decision maker may have regard to any previous warnings or panel referrals in reaching a decision, including those involving other licensing authorities. The options available to the decision maker, depending upon the severity of the breaches and any previous record of misconduct, will typically be:
- Take no action
- Issue a warning
- Refer the matter to the licensing sub-committee
- Suspend the licence
- Revoke the licence