Agenda and minutes

There were no declarations of interest.

(a)  To agree the minutes of the meeting held on 9 October 2021

(b)  Matters arising

The minutes of the meeting held on 19^th October,  2021 were agreed and signed as a true record. There were no matters arising.

Report of the Director of Streetscene and Regulatory Services

The Cabinet Member considered a report of Director of Streetscene and Regulatory Services which provided information about the Council’s use and compliance with Regulatory & Investigatory Powers Act (RIPA) 2000.  The Audit and Procurement Committee also considered the report on 29th November 2021 (their minute 41/21 refers).

The report noted that RIPA governed the acquisition and disclosure of communications data and the use of covert surveillance by local authorities.  The Council used powers under RIPA to support its core functions for the purpose of prevention and detection of crime where an offence may be punishable by a custodial sentence of 6 months or more or were related to the underage sale of alcohol and tobacco.  There were three processes available to local authorities under RIPA: the acquisition and disclosure of communications data; directed surveillance; and covert human intelligence sources (“CHIS”).

The report detailed the procedures that the Council must follow if it wishes to use directed surveillance techniques or acquire communications data in order to support core function activities (e.g. typically those undertaken by Business Compliance and Environmental Health).  The information obtained as a result of such operations could later be relied upon in court proceedings providing RIPA was complied with.

The Home Office Code for Covert Surveillance and Property Interference recommended that elected members, whilst not involved in making decisions or specific authorisations for the local authority to use its powers under Part II of the Act, should review the Council’s use of the legislation and provide approval to its policies.  The Council adopted this approach for oversight of the authority’s use of Parts I and II of the Act.

Due to the pandemic and the need for officers to undertake duties related to legislation brought in during the pandemic, the need for Directed Surveillance or Covert Human Intelligence Sources had not been required for the Period 1 January 2020 – 31 December 2020.  An example would be the assistance of volunteer young people below the age of 18 to make test purchases of age restricted goods.  If requests had been submitted, they would have related to core functions permitted by the Act and for the purpose of preventing and detecting crime.  There were no reported instances of the Council having misused its powers under the Act.  There were also no applications for the disclosure of communications data made during the period 1 January 2020 – 31 December 2020.

Officers reported that the Audit and Procurement Committee requested online sales be explored further.  Officers noted online sales were part of the Licensing Act and a system was in place for conditions and enforcement.

The Cabinet Member discussed the regulations with officers.

RESOLVED that, the Cabinet Member for Policing and Equalities: -

1)  Noted the comments of the Audit and Procurement Committee regarding online sales.

2)  Approves the report as a formal record of the Council’s use and compliance with RIPA.

Report of the Director of Transportation and Highways

The Cabinet Member considered a report of Director of Transportation and Highways which sought approval to adopt the necessary powers to commence the removal of vehicles that, were untaxed, persistently evaded parking restrictions, or caused obstruction to traffic (if there were traffic management benefits of removing them).

The report noted that the Council were responsible for civil parking enforcement of parking contraventions in Coventry, which operated under the Traffic Management Act 2004 (TMA 2004).  Where parking offences occur a Penalty Charge Notice (PCN) could be issued by one of the Council’s Civil Enforcement Officers (CEOs), the majority of these were paid without the Council having to take further enforcement action.  Most drivers comply with parking regulations, park considerately and correctly tax their vehicles, some drivers deliberately and persistently park in contravention of restrictions, or park where they cause obstructions to traffic.  Some drivers don’t register their vehicle with the DVLA, in attempts to avoid paying the fines they incur and any tax due.  The debt isn’t normally recovered and would be written-off at great expense to the Council.

The report recognised that it was against the law to own and use an untaxed vehicle unless it was officially declared permanently off the road and not being driven.  To do this, the owner must fill out a Statutory Off-Road Notification (SORN) and send it to the DVLA.  The number of untaxed vehicles had increased dramatically since the tax disc was abolished in October 2014.  The DVLA estimated that there were as many as 28,000 untaxed vehicles in Coventry.  These vehicles were often uninsured or not roadworthy and were sometimes involved in serious crimes or other anti-social behaviour.  Issuing a PCN to an untaxed vehicle that was illegally parked wasn’t a deterrent as the owner would usually be untraceable through the usual systems. 

The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997, made provision for the DVLA to devolve enforcement powers to Local Authorities and the Police to locate and remove any untaxed vehicles within the city.  The devolved powers would also assist the Council’s Street Enforcement Team with their work around dealing with abandoned vehicles where a vehicle doesn’t meet or trigger the criteria for abandonment but was showing as untaxed.  Thereby, giving the Council the ability to have the vehicles removed from the highway by the contractor for non-payment of road tax. 

The TMA 2004 defined a vehicle that had three or more PCNs that had not been paid, represented against or appealed within the statutory timescales as a ‘persistent evader’.  When a persistent evader parked in contravention, it should be subject to the strongest possible enforcement by removing the vehicle to a secure pound once a PCN had been issued to it. The benefit of removing it was that it required proof of ownership and a registered address before the vehicle was released from the pound. 

During the period April to September 2021, 184 vehicles qualified as a ‘persistent evader’ in Coventry.  The vehicle with the  ...  view the full minutes text for item 15.

There are no outstanding issues

There were no outstanding issues.

To consider any other items of business which the Cabinet Member decides to take as a matter of urgency because of the special circumstances involved.

There were no other items of business.