Hackney Carriage and Private Hire Licensing Policy

The following requirements and conditions are made by Buckinghamshire Council in pursuance of the powers conferred by Part II of the Local Government (Miscellaneous Provisions) Act 1976 (as amended) to ensure efficient and effective regulation of private hire vehicle use and to ensure that proper vehicular and driver standards are maintained in the interests of public safety.

These conditions should be read in conjunction with the Local Government (Miscellaneous Provisions) Act 1976 and other relevant legislation.

The licence holder will ensure that he or she complies in all respects with the requirements of any Act and Regulations affecting the operation of private hire vehicles and motor vehicles, these Conditions and any Code of Practice or policy implemented by the Council.

The licence holder will take all reasonable precautions for the safety of the public, passengers, hirers and employees and is personally responsible for making sure that employees are aware of these conditions and any other relevant necessary information to enable them to fulfil their role.

The licence holder will ensure that any person appointed as a Nominated Person is:

• At least 21 years of age.
• Appointed by the licence holder in writing and have notified the licensing authority in writing within 48 hours of appointment.
• A regular employee of the licence holder.
• Capable of supervising the licence holder’s business properly.

The licence holder will ensure that the Nominated Person has a copy of this Licence and is aware of these Conditions.

The licence holder or a Nominated Person will be in direct control of the business at all times when bookings can be accepted and will not carry out other duties which may prevent them from having direct control. The licence holder will remain ultimately responsible for compliance with the requirements of this licence.

The licence holder must keep a written record of the name, dates and times when a Nominated Person acts as a person in charge.

These records must be kept for a minimum period of twelve months and be made available to an authorised officer on request.

The licence holder will provide a prompt, efficient and reliable service to members of the public at all reasonable times and for this purpose will in particular:

• ensure that passengers are collected at the agreed time and place and that, in the case of a delay, the operator should take all reasonable steps to inform the customer.
• ensure that passengers are delivered to the agreed destination;
• ensure that any information provided by hirers or passengers is kept safe and secure and in line with data protection requirements;
• ensure that any part of the premises provided for the use of the public to make bookings or wait for vehicles is kept clean, adequately heated and ventilated, provided with adequate seating facilities and provided with a notice indicating that the service provided is in respect of pre-booked journeys only;
• ensure that any telephone facilities and radio equipment provided are maintained in a sound condition and that any defects are repaired promptly;
• establish and maintain a procedure for dealing with complaints relating to any private hire booking accepted by them;
• establish and maintain a policy for the employment of ex-offenders which includes the requirement for all staff to provide a satisfactory Basic Disclosure from the Disclosure and Barring Service which is not more than 3 months old before they start working for the operator, with a new Basic Certificate provided on an annual basis;
• ensure that where bookings are sub-contracted to another private hire operator, that the receiving operator also has a policy for the employment of ex-offenders and requires Basic Disclosures from all staff as referred to above;
• ensure that no annoyance or disturbance is caused to residents or other road users by the operation of a vehicle or the operation of the licence holder’s business in general;
• if requested to do so by a person making a private hire booking, agree the fare for the journey booked or provide an estimate of the fare;
• ensure that the driver is authorised in writing by the vehicle licence holder to drive the vehicle before the driver commences a journey;
• ensure that any driver of a wheelchair accessible vehicle has successfully completed an Approved Passenger Assistance Training Course and has been issued with the appropriate identify badge;
• where a Public Carriage Vehicle is required to carry out a booking, inform the hirer that the driver may not have been required to provide an Enhanced Disclosure from the Disclosure and Barring Service.
• ensure that the vehicle complies with the vehicle licence conditions before it is used to fulfil a booking;
• ensure that all drivers permitted or employed to drive the vehicle are familiar with the conditions, legislation and byelaws regulating the operation of the vehicle;

The licence holder will ensure that the number of vehicles used by the licence holder does not exceed the number of vehicles specified in the licence.

The licence holder will keep at the Operating Centre a record (electronic or paper record) containing the details set out below for each driver who carries out bookings accepted by them.

The details to be kept for each driver are:

• the surname, forename, address and date of birth
• the National Insurance number
• a photocopy of his or her DVLA driving licence
• a copy of his or her private hire driver licence
• the radio call sign for the driver (if applicable)
• the date on which they started working for the licence holder
• the date on which they stopped working for the licence holder

These records must be kept for a minimum period of twelve months and be made available to an authorised officer on request.

The private hire operator must maintain a register of all persons engaged by the operator, in any capacity as part of the private hire operator’s business. The details must include:

• the full name of the person engaged by the operator
• that person’s address
• that person’s national insurance number
• details and confirmation that checks have been made to ensure that person has the right to remain and work in the United Kingdom
• details and confirmation that checks have been made to ensure that person has provided a DBS certificate and meets the requirements of the licence holder’s conviction policy
• dates that the person started (and where applicable) stopped working for the licence holder
• Date that the person completed safeguarding and disability awareness training (If applicable)
• What role the person undertakes for the business

These records must be kept for a minimum period of twelve months and be made available to an authorised officer on request.

For the purposes of Section 56(2) of the 1976 Act, the licence holder will keep at the Operating Centre a record, containing the information listed below:

• The full name of the call handler accepting the booking.
• The date on which the booking is made and, if different, the date of the proposed journey.
• the name of the hirer, or if more than one person, the names of them;
• a contact telephone number and e-mail address of the hirer, if provided;
• the agreed time and place of collection;
• the main destination given at the time of the booking, including town;
• any fare or estimated fare quoted;
• the name or call-sign of the driver carrying out the booking;
• the registration number of the vehicle carrying out the booking;
• the name of the individual who dispatched the vehicle;
• if applicable, the name of the other operator to/from whom the booking has been sub-contracted;

The licence holder will ensure that all of the above information is recorded before the commencement of each journey and is kept for a minimum of twelve months in a format which is legible and can be immediately provided to the Licensing Authority on request, either as a hard copy or electronically.

For the purposes of Section 56(3) of the 1976 Act, the licence holder will keep a record containing the information referred to below relating to each Vehicle operated by the licence holder.

The details to be kept for each vehicle are:

• the make, model and colour;
• the registration number;
• the name and address of the registered keeper and owner (if different) ;
• a copy of the current private hire vehicle licence;
• a copy of the current certificate of insurance;
• the radio call sign for the vehicle (if applicable);
• the date on which the vehicle started to be operated by the licence holder; and
• the date on which the vehicle stopped being operated by the licence holder.

These records (either paper or electronic) must be kept for a minimum period of twelve months and be made available to an authorised officer on request.

The licence holder will only use a trading name which has previously been approved in writing by the Licensing Authority This requirement includes any names used on promotional material, advertisements, website information or any other written documents.

The licence holder will keep a record containing the following information (in paper or electronic form):

• the name of the complainant and any address, telephone number or other contact details provided by him or her
• the nature of the complaint
• details of any investigation carried out and subsequent action taken as a result

In relation to a complaint made in respect of private hire booking: -

• the name of the driver who carried out the booking
• the date of the related booking
• the registration mark of the Vehicle used for the booking

These records must be kept for a minimum period of twelve months and be made available to an authorised officer on request.

The licence holder will maintain in force, where relevant, employer’s liability insurance in line with the Employer’s Liability Compulsory Insurance Act 1969.

For Operating Centres which are accessible to members of the public, the licence holder will maintain in force public liability insurance which provides a minimum indemnity of £10,000,000 in respect of any one event.

The licence holder will ensure that every vehicle operated by him or her is covered by a certificate of insurance or cover note indemnifying the owner of the vehicle for the carriage of passengers for hire and reward and will keep a copy of the current certificate or cover note for a minimum period of 12 months.

The licence holder will agree the fare for the journey booked or provide an estimate of the fare if requested by the hirer.

Where the licence holder has a table of fares, they will ensure that a copy of the current fare table is clearly displayed in any vehicles operated by them and a copy of the table of fares is also exhibited at the Operating Centre.

When the licence holder uses a hackney carriage to fulfil a private hire booking taking place wholly within the Council’s boundaries, they will ensure that the fare charged will not be greater than the fare or rate of fares set by the Council under Section 65 of the 1976 Act for hackney carriages. When any such hackney carriage is used, the fare will be calculated from the point in the district at which the Hirer commences his or her journey.

The licence holder will not use the Operating Centre until the Authorised Officer has approved its location in writing. This includes any change of premises during the period of the licence.

Any authorised officer and Police Officer will be permitted by the licence holder to visit and inspect the Operating Centre at any time.

The licence holder (including directors where a licence is held by a company) must notify the Licensing Service in writing within 7 days of any change in their home address, even if it is temporary.

Where a licence has been issued in the name of a company, the licence holder will notify the

Licensing Authority in writing within seven days of any change in the directorship of the company.

All newly appointed directors must adhere to the same standards as individual applicants and provide the Licensing Authority with valid photographic proof of identification and home address, demonstrable knowledge of applicable licence conditions and legislation to the satisfaction of the Council, a Basic DBS certificate (issued within the previous 3 months) and/or Certificate of Good Conduct, and complete the Safeguarding and Equalities, Diversity and Inclusion Training. Documentation must be provided within 2 months of notifying the Licensing Authority of the appointment.

The licence holder (including any company directors) are required to produce a new basic disclosure from the Disclosure and Barring Service (DBS) on an annual basis, unless they hold a current driver’s licence with the Council. The disclosure must be dated and produced within a month prior to the anniversary of the grant of the licence.

During the period of the licence, the licence holder must notify the Licensing Authority in writing within 48 hours if they are interviewed by the police, receive a notice of intended prosecution, arrested, charged, cautioned or convicted of any offence, (including motoring offences, acceptance of speed awareness courses and/or associated court orders and pending court cases) during the currency of the licence;

⦁ Where the Operator is an individual, against him or her;

⦁ Where the Operator is a firm, against any partner of that firm, or

⦁ Where the Operator is a Company itself, a Director or Officer of the Company.

The licence holder’s representative must fulfil this requirement if the licence holder is detained.

Traffic Offence Report, Notice of Intended Prosecution or Fixed Penalty Notice must be reported to the Licensing Authority in writing within 48 hours of receiving the document, not when the driving licence has been updated.

During the currency of the licence the Licensee shall within 7 days of the date of an event detailed below give the Authorised Officer written notice of the following:

• The licence holder must inform the Licensing Authority if any information given in their original or updated application changes, including when a driver stops working for them because of concerns about that driver’s conduct. The notification must include the driver’s name, address, and the reason they are no longer considered suitable to undertake bookings.
• A vehicle or vehicles cease to be used by the Operator for carrying out bookings, by virtue of that vehicle’s unsatisfactory condition.
• Any complaint concerning a contract for hire or purported contract for hire relating or arising from the Licensee’s business and of any action (if any) which the Licensee has taken in response to the complaint.

Further to a reasonable request, the licence holder will provide such records or information as required by an authorised officer or police officer by a specific time and date and in an acceptable format.

The Licence must be clearly displayed within the Operating Centre and these Conditions must also be available at the Operating Centre for inspection at all times.

If the licence holder has not received written acknowledgement of any notification required by the conditions of the licence from the Licensing Authority within one month, the licence holder must confirm with the Licensing Authority that the notification has been received.

The Council reserves the right to vary, delete or waive any of these Conditions

If aggrieved by any of these Conditions, the licence holder may appeal to a Magistrates’ Court within twenty-one days of the issue of the Licence.

Informatives:

Suspension, Revocation or Refusal to Renew Licence

Without prejudice to these Conditions, the Council may suspend, revoke or refuse to renew the Licence on any of the following grounds:-

• any offence under, or non-compliance with, the provisions of the 1976 Act
• any conduct on the part of the Licensee which appears to the Council to render him or her unfit to hold an operator’s licence
• any material change since the grant of the Licence in any of the circumstances of the Licensee on the basis of which the Licence was granted
• failure to comply with any of these Conditions.
• failure to pay the appropriate licence fee.
• any criminal convictions
• any other reasonable cause

Other Offences

The licence holder would be guilty of an offence if he or she:

• wilfully obstructs an Authorised Officer acting in pursuance of Part II of the 1976 or the Town Police Clauses Act 1847;
• fails to comply with any requirements made to him or her by the Authorised Officer;
• without reasonable cause fails to give the Authorised Officer any other assistance or information which the Authorised Officer may require for the performance of his or her functions.