A tough new compulsory licensing scheme designed to rid England, Wales and Northern Ireland of rogue wheel clampers, has been set out today in the Crime and Security Bill.

Proposals within the bill will make it mandatory for all wheel clamping businesses to be licensed under the terms of a strict code of conduct. The code will include a cap on fines, time limits on towing cars unreasonably quickly after being clamped and set out clear instructions for putting up signs warning drivers that clamping takes place.

Ministers are also looking to introduce an independent appeals process for motorists who feel unfairly penalised by firms and their employees.

Any company which breaches the terms of their licence could lose their right to practise and face up to five years in prison or a substantial fine Statement from the Home Office Minister

Alan Campbell said, ‘The Crime and Security Bill reflects the government’s commitment to prevent abuses by unscrupulous firms and their employees.

‘There is no room within the wheel clamping industry for those who indulge in unacceptable behaviour including unclear signage and excessive fees.

‘A compulsory licensing scheme for operators will leave clamping firms in no doubt as to their responsibility to the public and anyone breaching the strict code of practice risks losing their licence.

‘Firms will have to ensure signage is clear, fines are proportionate and towing practices are regulated. We are also working to introduce an independent appeals process for motorists who feel they have been unfairly treated.’

Statement from the Transport Minister

Sadiq Khan said, ‘These tough new proposals are part of a series of measures the government is putting in place to tackle the scourge of rogue parking firms who harass and intimidate motorists.

‘We have already taken action to restrict access for parking firms wanting driver information and by bringing in these new requirements for clamping firms we are sending a clear message to unscrupulous firms that they need to clean up their act if they want to stay in business.’

Legislation

The new legislation has been drawn up following discussions with motoring groups, industry representatives and a 12-week public consultation during the summer.

Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors holding a non-frontline licence.

The new compulsory licensing scheme will extend responsibility from individuals to businesses. It will be administered and controlled by the Security Industry Authority.

For vehicle immobiliser training please go to our website for available dates.

Source: The Publican

The BII has started the nationwide search for the 2010 BII Licensee of the Year. 

Judges are looking for individuals or partnerships who make the best of the resources they have available.

They could be running a community pub, a village local or a high-street bar and be able to demonstrate great business ability and a passion for the trade.
The winner will be announced at the BII’s annual lunch in May. The award absolutely epitomises everything that BII stands for – excellence, professionalism, standards, best practice.

The current holder of the title Philip Davison, licensee at the Sun in the Wood, Newbury, Berkshire, said: “To win such a prestigious award is amazing, but even if you’re not fortunate enough get through to the final stages, just entering will make you revalue your business, look at how you do things and certainly improve your profit.”

To enter online visit www.bii.org for more information call Joanna Buston on 01276 417802 or email joannab@bii.org .

You can watch a video of the history of the awards and apply here: http://bii.bii.org/events/awards/2010loya , the closing date for entries is Friday February 15 2010.

Suzi Says…

It’s always great when licencees get the recognition they deserve.

 The judging for the BII awards are notoriously rigourous. I imagine that they check that everything is in order, from up-to-date staff training, to good standards of health and safety, to keeping customers safe and well looked after. Philip makes the point that “just entering makes revalue your business”.

My tip would be that it’s always a good idea to double-check that your licenses and training are up-to-date. For example, have you checked how the changes to the HSE First Aid regulations will affect business? Are your door supervisors fully licensed?

Attending training can help you to update your skills as well as chat to fellow licensees and share ideas and inspiration. 

If you are a licensee currently looking to enter the BII Licensee of the Year Awards, or a first time publican in need of some NCPLH, First Aid or conflict management training, call us today 020 7237 6007 for our immediate attention.

Good Luck to anyone who is applying!

NSL has helped create legal history in Scotland by clamping three drivers over unpaid fines.

The action took place in Glasgow over Christmas.  Wheel clamping is very rare in Scotland because under Scottish law it is generally illegal for private clampers to immobilise vehicles.

NSL’s operation for the Scottish Courts Service operates under separate legislation, which means clamping cars to encourage motorists to pay unpaid fines is allowed if ordered by the Service.  The powers have only just been adopted as part of a campaign by the Scottish Courts Services to reduce the level of unpaid fines.

Eric McQueen, Director, Field Services, Scottish Court Service said “We introduced new tracing facilities which make it easier for us to identify defaulters and deduct outstanding fines from their benefits,wages or bank accounts.  It also helps us identify if they are a car owner, in which case we have powers to seize and sell the vehicle.

“We have issued warnings to car owners before and they normally pay up but there are some people who still believe they can get away with not paying their fines.  Fine dodgers have nowhere to hide; the Scottish Court service will use all the available sanctions to collect their fine including clamping and seizing their car.”

The three car owners are all Glasgow based but clamping orders have also been issued for car owning defaulters elsewhere in Scotland and these will also be enforced if non-payment continues.

Eric McQueen concluded “The owners of these cars have had ample warning of the consequence of non-payment of their fine. I hope this sends out a clear warning to others with outstanding fines.”  All of the owners of the clamped cars subsequently paid their fines plus the additional contractor’s expenses and their cars have now been released. Murray Sheppard, NSL’s area manager for Scotland, commented “In Scotland there are few agencies other than us who have the relevant expertise because clamping is not used widely – but it clearly has a role to play here and we are delighted to have started this operation successfully for the Scottish Courts Service.”