Hackney Carriage and Private Hire Licensing Policy

This intended use policy sets out the approach of Buckinghamshire Council (“the Council”) to ensuring that hackney carriage vehicle and driver licences issued by the Council are used primarily to meet the transport needs of Buckinghamshire communities.

The purpose of this policy is to:

• Ensure the Council’s licensed hackney carriage fleet operates predominantly within the Buckinghamshire area,
• Protect the travelling public,
• Support effective local enforcement,
• Prevent the use of Buckinghamshire-issued licences to operate a hackney carriage primarily for private hire work in other areas, which undermines local service provision and effective regulation.

This Intended Use Policy applies to all new applicants for hackney carriage vehicle and driver licences, including dual licensed drivers, and to existing licence holders where specified.

The Council licenses hackney carriages under:

• Town Police Clauses Act 1847 (TPCA 1847)
• Local Government (Miscellaneous Provisions) Act 1976 (LGMPA 1976)

Under section 37 TPCA 1847, the Council has discretion when granting hackney carriage vehicle licences and may consider the intended use of the vehicle.

Under section 57 LGMPA 1976, the Council may require applicants to provide information reasonably necessary to determine the suitability of the vehicle, driver, and its intended use.

The High Court confirmed:

• It is lawful and reasonable for a licensing authority to refuse a hackney carriage vehicle licence where the applicant does not intend to use the vehicle predominantly within the authority’s area.
• Licensing authorities may require applicants to declare their intended use and may take into account the residential address of proprietors or drivers as a factor in determining the likelihood of local operation.
• Licensing authorities may refuse applications where the licence would be used primarily for activities occurring outside their area, making effective enforcement impossible.

Whilst not legally binding, section 6.12 of the BPG recommends:

• Authorities should require hackney carriage applicants to declare that they intend to work predominantly in the licensing authority’s area.
• The applicant’s residential address should be considered as evidence supporting the declaration.

This Policy applies to:

All new applicants must demonstrate a bona fide intention to use a Buckinghamshire Council licensed hackney carriage to a material and predominant extent within the Council’s area.

• Given that 95% of existing hackney carriage drivers and proprietors already live within Buckinghamshire, this Policy is not expected to significantly impact existing patterns of work.
• Existing licensees living outside Buckinghamshire as at the date this policy is adopted may retain their licences (“grandfather status”), provided:
  • They continue to use the hackney carriage predominantly within Buckinghamshire; and
  • They comply with renewal requirements and all licensing conditions.
• Some drivers have dual licences, which permit them to drive hackney carriage and private hire vehicles, though they may not regularly drive hackney carriages. If these drivers prefer not to follow this policy, they can change their licence to a single private hire driver licence at any time, including when renewing.

Any material change in use, including a demonstrable pattern of out‑of‑area operation, may lead to review.

For the purposes of this Policy:

“Predominant use” means that the hackney carriage is used within the Buckinghamshire Council area for the majority of its operational time and/or mileage and remains regularly available for local hackney carriage services, including ranking and immediate hire.

A vehicle is used to a “material extent” within Buckinghamshire Council’s area where:

• It is habitually stationed, ranked or available for hire within the Council’s area.
• A significant proportion of hirings, including private hire bookings, originate within the Council’s area.
• The vehicle and driver engage meaningfully with the local taxi network and service provision.

Applicants for hackney carriage related vehicle and driver licences must submit a signed Intended Use Declaration confirming:

1. The hackney carriage they own or intend to drive as applicable will be used predominantly within Buckinghamshire.
2. The applicant understands that licences may be refused, suspended, or revoked if this is not adhered to.
3. The applicant’s residential address, which the Council will consider in assessing the credibility of the declaration.
4. For applicants living outside Buckinghamshire Council’s area, additional evidence may be required, such as a proposed operating pattern which details relevant information including planned working times and locations.

A licence will normally be refused where:

• The applicant lives a significant distance from Buckinghamshire and
• Provides no credible evidence that the vehicle will be used predominantly in Buckinghamshire.

A licence will normally be granted where:

• The applicant lives within Buckinghamshire; or
• The applicant lives close to the boundary and provides credible evidence of predominantly local use; or
• Exceptional but justified circumstances apply (see below).

The Council may depart from this Policy only where compelling reasons exist, including but not limited to:

• Applicants with long‑standing employment, family, or community ties to Buckinghamshire,
• Operators whose business is demonstrably centred within Buckinghamshire.

Public safety, enforceability and the ability to regulate the vehicle will remain the overriding consideration.

At renewal, the Council may review:

• Evidence of operational use within the district,
• Complaints, enforcement history, or intelligence indicating consistent out‑of‑area working,
• Ranking behaviour,
• Evidence of private hire work volumes originating outside Buckinghamshire.

Renewal may be refused if the licence is being used mainly outside Buckinghamshire.

The Council may undertake:

• Spot checks at ranks
• Review of operator/dispatch records
• Mileage
• Requests for logs of work origins/destinations
• Joint operations with other authorities and police

Where evidence suggests non‑compliance, the Council may:

• Issue warnings
• Impose additional conditions
• Suspend or revoke licences
• Refuse renewal

A hackney carriage licence (vehicle or driver) may be revoked, suspended or refused if:

• The vehicle is being used predominantly outside Buckinghamshire;
• The applicant has made a false declaration;
• Enforcement cannot reasonably be exercised;
• Public safety is compromised.

This aligns with the legal principles in Berwick and sections 60–62 of the LGMPA 1976.

Applicants or licensees may appeal decisions to:

• The Magistrates’ Court under sections 52, 60, 61 or 62 of the LGMPA 1976.