Private Hire Operator policy

Licensing criteria

Any person who receives bookings or has contracts for the hire and reward for a private hire vehicle is required to hold an Operator's licence.

An Operator's Licence shall be valid for a maximum term of five years (unless a shorter period is deemed appropriate by the Borough Council).

Licence renewals will be accepted up to one calendar month before they are due to expire.

Conditions relating to Operators Licences

1. 1. Records to be kept by the Operator

   1. records required to be kept by the Operator under Section 56(2) of the Local Government (Miscellaneous Provisions) Act 1976 shall be kept in a suitable book, folder or other means approved by the Council (this can include electronic record systems providing the information is recorded, securely stored and readily retrievable), and produced for examination or on demand by an Authorised Officer or Agent, or Police Officer
   2. the Operator shall enter in the record book, before the commencement of each journey, the following particulars of every booking invited or accepted by them:
      • name and contact details of the hirer
      • location of the pick-up point
      • location of the destination
      • time the pick-up is required
      • time the booking was made
      • fare agreed and other details of booking
      • licence number of the vehicle and driver completing the hiring
      • details of the individual that responded and/or dispatched the vehicle to the booking request
   3. the Operator shall keep records of the particulars of all vehicles operated by them, including:
      • licence plate number
      • name and address of the owner
      • registration number
      • names, addresses and badge numbers of driver of such vehicles, together with any radio call sign used
      • the Operator shall keep all records for a period of six months or such longer period as is required by an Authorised Officer of the Borough Council
   4. all records kept must comply with the Data Protection Act 2018

2. 2. Standard of service

   1. The Operator shall provide a prompt, efficient and reliable service to members of the public at all times of operation, and for this purpose shall in particular:

      • ensure when a vehicle has been booked, the driver attends at the appointed time and place punctually, unless delayed or prevented by sufficient means
      • any premises provided by the Operator for the benefit of the public (whether for the purpose of booking or waiting), must be kept clean, adequately heated, ventilated and lit
      • ensure the waiting area provided has adequate seating facilities
      • ensure good order is maintained on the premises

3. 3. Provisions regulating signs on vehicles

   1. The proprietor of a private hire business shall not cause any advertisement in respect of his business or the vehicles used for that purpose to include the words 'taxi', or 'cab', whether in the singular or plural, or words of similar meaning or appearance to either of these words, whether alone or as part of another word. Only licensed vehicles may carry any advertisement in relation to any hackney carriage or private hire Operator.

4. 4. Provisions regulating the conduct of the Operator

   • an Operator shall immediately upon receipt, notify the Council in writing, of any complaints concerning the cleanliness or condition of a vehicle or a complaint against a driver
   • an Operator shall maintain a log detailing any complaints received from customers - this shall be available for inspection by any authorised officer or police officer upon request
     • the log must provide the complainants name, address, complaint details and any action taken against driver or vehicle proprietor
   • an Operator shall notify the Borough Council within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence

   1. Operators may be referred to the Licensing Committee for a review of their licence. In doing so, the Committee must have regard to all convictions, police cautions, charges, driving convictions, complaints of unacceptable conduct/behaviour, breach of licence conditions and other convictions obtained.
      
      Operators should be aware that if they fail to comply with this condition, it may prevent the Borough Council from renewing their licence under delegated authority.

   • an Operator must not include in his or her trading title any reference to "taxi" or "cab" unless he or she is also the proprietor of a hackney carriage vehicle
   • the Operator's licence must be produced on request of an authorised officer or police officer on request
   • operators must ensure that non-licensed staff, i.e. controllers, cleaners etc behave in a civilised and appropriate manner when involved in the operation of the business
   • all booking and dispatch staff should be subject to a basic DBS check
   • the Operator shall provide a suitable number of parking spaces for vehicles awaiting allocation for the conveyance of passengers
     • these parking spaces must be notified to the Licensing Team at the time of any application or at any time there is a change in these arrangements
     • the Operator shall ensure that no vehicle, being operated by him or her, shall at anytime park in a position where parking restrictions are in place, at that time, any breach of this condition will be contrary to Section 55 (3) of the Act
   • an Operator must, if possible, accept a booking for a Private Hire vehicle if the booking is requested by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him/her
   • an Operator cannot make an additional charge for the carriage of an assistance dog
   • in addition to any other requirement, an Operator of a special event vehicle must also record the nature of the special event, i.e. why was a special event vehicle booked
   • no Operator shall invite or accept a private hire vehicle booking or control or arrange a journey to be undertaken by a private hire vehicle without first making available the charge for the hire of the vehicle to the person making the booking. The charge can be notified in writing or verbally
   • the Operator shall provide a prompt, efficient and reliable service to members of the public at all reasonable times. This includes the following:
     • ensure that when a private hire vehicle has been hired to attend at an appointed time and place, the vehicle shall, unless delayed or prevented by sufficient cause, attend punctually at the appointed time and place
     • keep clean, adequately heated, ventilated and lit any premises which the Operator provides to which the public have access, whether for the purpose of booking or waiting
     • ensure that any waiting area provided by the Operator has adequate seating facilities
     • ensure that any telephone facilities and radio equipment provided are maintained in a sound condition and that any defects are repaired promptly
   • the Equality Act 2010 makes it an offence for a private hire Operator to fail or refuse to take a booking for a private hire vehicle
     • if the booking is requested by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him
     • the reason for the failure or refusal is that the disabled person will be accompanied by his assistance dog
   1. this is subject to medical exemption certificates and it is also an offence for the Operator to make any additional charge as a result of the need to carry an assistance dog

5. 5. Operator office location

   1. Operator's office must be located within the District to enable any Authorised Officer or Agent access to the premises or any records as required by statutes or conditions.
   2. The Operator shall notify the Borough Council in writing of any change of his address (including any address from which he operates or otherwise conducts his business as an Operator) during the period of the licence within seven days of such change taking place.

6. 6. Deposit of driver and vehicle licences

   • any Operator who employs or permits anyone to drive any licensed vehicle owned by him or her will ensure that the driver's licence is deposited with him or her during the period that the driver is employed or permitted to drive - the licence must be returned to the driver at the end of that period
   • any vehicle employed or used by an Operator must be licensed and the proprietor of the vehicle shall deposit his vehicle licence with the Operator during the period that his vehicle is so employed - the Operator must return the licence to the vehicle proprietor at the end of that period

7. 7. Vehicles and drivers

   • an Operator must ensure that all vehicles and drivers working for them are licensed by the Borough Council
   • when a new driver begins to work under the control of an Operator, and when an existing driver leaves, the Operator must inform the Borough Council in writing of that change within 7 days
   • an Operator shall undertake to ensure that all drivers and vehicles owned, controlled or operated by them shall be licensed and comply with all the conditions of either or both their driver's licence and Private Hire Vehicle licence

8. 8. Penalties

   1. The Local Government (Miscellaneous Provisions) Act 1976 provides that any person who acts in contravention of the provisions of Part II of the Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. In addition such action, whether or not resulting in criminal proceedings being taken, may lead to the suspension or revocation of an existing licence or refusal to renew such a licence.