Hackney Carriage and Private Hire Licensing Policy

Last updated: 27 July 2021

9. Appendices

Appendix 1 - map of the council area

Appendix 2 - list of offences

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

In relation to the maximum penalties specified, the levels of fine are currently as follows:

  • level 1: £200
  • level 2: £500
  • level 3: £1,000
  • level 4: £2,500

Town Police Clauses Act 1847 - Hackneys

Section Offence Maximum penalty
40 Giving false information on application for HC Licence Level 1
44 Failure to notify change of address of HC proprietor Level 1
45 Plying for hire without HC Proprietors licence Level 4
47 Driving a HC without a HC drivers licence Level 3
47 Lending or parting with HC driver’s licence Level 3
47 HC proprietor employing unlicensed driver Level 3
48 Failure by HC proprietor to hold HC driver’s licence Level 1
48 Failure by HC proprietor to produce HC driver’s licence Level 1
52 Failure to display HC plate Level 1
53 Refusal to take a fare Level 2
54 Charging more than the agreed fare Level 1
55 Obtaining more than the legal fare Level 3 and 1 month imprisonment whilst in default
56 Travelling less than the lawful distance for an agreed fare Level 1
57 Failing to wait after a deposit to wait has been paid Level 1
58 Charging more than the legal fare Level 3
59 Carrying other person than the hirer without consent Level 1
60 Driving HC without Proprietors consent Level 1
60 Allowing another to drive HC without proprietors consent Level 1
61 Drunken driving of HC Level 1
61 Wanton or furious driving leading to injury or danger Level 1
62 Driver leaving HC unattended Level 1
64 HC driver obstructing other HC’s. Level 1

Local Government (Miscellaneous Provisions) Act 1976 - Hackneys

Section Offence Maximum penalty
49 Failure to notify the transfer of a HC proprietors licence Level 3 (by virtue of s76)
50(1) Failure to present a HC for inspection, as required Level 3 (by virtue of s76)
50(2) Failure to inform the Authority where the HC is stored, if requested Level 3 (by virtue of s76)
50(3) Failure to report an accident to the Authority Level 3 (by virtue of s76)
50(4) Failure to produce the HC Proprietors licence and insurance certificate Level 3 (by virtue of s76)
53(3) Failure to produce the HC drivers licence Level 3 (by virtue of s76)
57 Making a false statement or withholding information to obtain a HC drivers licence Level 3 (by virtue of s76)
58(2) Failure to return a plate after notice given following expiry, revocation or suspension of a HC proprietor’s licence Level 3 + fine of £10 per day
61(2) Failure to surrender a driver’s licence after suspension,
revocation or refusal to renew.
Level 1
62(A) Failure to return a licence or identity badge further to suspension or revocation on the grounds of right to work Level 3 +fine of £10 per day
64 Permitting any vehicle other than a HC to wait on a HC stand. Level 3 (by virtue of s76)
66 Charging more than the meter fare for a journey ending outside the district, without prior agreement. Level 3 (by virtue of s76)
67 Charging more than the meter fare when HC used as private hire vehicle Level 3 (by virtue of s76)
69 Unnecessarily prolonging a journey Level 3 (by virtue of s76)
71 Interfering with a taximeter Level 3 (by virtue of s76)
73(1)(a) Obstruction of an Officer or Constable Level 3 (by virtue of s76)
73(1)(b) Failure to comply with a requirement of an authorised officer or constable Level 3 (by virtue of s76)
73(1)(c) Failure to give information or assistance to an authorised officer or constable. Level 3 (by virtue of s76)
73(2) Making a false statement when providing information Level 3 (by virtue of s76)
46(1)(a) Using an unlicensed PH Vehicle Level 3 (by virtue of s76)
46(1)(b) Driving a PH vehicle without a PH driver’s licence Level 3 (by virtue of s76)
46(1)(c) Proprietor of a PH vehicle using an unlicensed driver Level 3 (by virtue of s76)
46(1)(d) Operating a PH vehicle without a PH operator’s licence Level 3 (by virtue of s76)
46(1)(e) Operating a vehicle as a PH vehicle when the vehicle is not licensed as a PH vehicle Level 3 (by virtue of s76)
46(1)(e) Operating a vehicle as a PH vehicle when the driver is not licensed as a PH driver Level 3 (by virtue of s76)
48(6) Failure to display a PH vehicle plate. Level 3 (by virtue of s76)
49 Failure to notify transfer of a PH vehicle licence Level 3

Local Government (Miscellaneous Provisions) Act 1976 - private hire

Section Offence Maximum penalty
50(1) Failure to present a PH vehicle for inspection, as required Level 3 (by virtue of s76)
50(2) Failure to inform the Authority where the PH vehicle is stored,
if requested
Level 3 (by virtue of s76)
50(3) Failure to report an accident to the Authority Level 3 (by virtue of s76)
50(4) Failure to produce the PH vehicle licence and an insurance certificate Level 3 (by virtue of s76)
53(3) Failure to produce a PH drivers licence Level 3 (by virtue of s76)
54(2) Failure to wear a PH driver’s badge Level 3 (by virtue of s76)
56(2) Failure by a PH operator to keep records of bookings. Level 3 (by virtue of s76)
56(3) Failure by a PH operator to keep records of PH vehicles operated by him Level 3 (by virtue of s76)
56(4) Failure to produce a PH operator’s licence on request. Level 3 (by virtue of s76)
57 Making a false statement or withholding information to obtain a PH driver or operator licence. Level 3 (by virtue of s76)
58(2) Failure to return a plate after notice given following expiry, revocation or suspension of a PH vehicle licence Level 3 + fine of £10 per day
61(2) Failure to surrender a driver’s licence after suspension, revocation or refusal to renew Level 1
62(A) Failure to return a licence or identity badge further to suspension or revocation on the grounds of right to work Level 3 + fine of £10 per day
67 Charging more than the meter fare when HC used as private hire vehicle Level 3 (by virtue of s76)
69 Unnecessarily prolonging a journey Level 3 (by virtue of s76)
71 Interfering with a taximeter. Level 3 (by virtue of s76)
73(1)(a) Obstruction of an Officer or Constable Level 3 (by virtue of s76)
73(1)(b) Failure to comply with a requirement of an authorised officer or constable. Level 3 (by virtue of s76)
73(1)(c) Failure to give information or assistance to an authorised officer or constable. Level 3 (by virtue of s76)
73(2) Making a false statement when providing information Level 3 (by virtue of s76)

Transport Act 1980

Section Offence Maximum Penalty
64(2)(a) Driving a PH vehicle with a roof sign, which contravenes s64 (1) Level 3
64(2)(a) Causing or permitting a PH vehicle to be driven with a roof sign which contravenes s64 (1) Level 3

Health Act 2006 and Smoke Free (Penalties and Discounted Amounts) Regulations 2007

Section Offence Maximum penalty
6 Failure to display required no-smoking signage Level 3
7 Smoking in a smoke-free place Level 1
8 Failing to prevent smoking in a smoke-free place Level 4

Equality Act 2010

Section Offence Maximum penalty
165 Refusal to carry a wheelchair passenger, or charging extra for doing so, or failing to provide reasonable mobility assistance Level 3 in a designated vehicle maintained in accordance with section 167 of the Equality Act 2010 Level 3
168 Refusal to carry an assistance dog or charging extra for doing so in a hackney carriage Level 3
170 Refusal to carry an assistance dog or charging extra for doing so in a private hire vehicle Level 3

Appendix 3 - licence conditions

Private hire vehicle driver licence conditions

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.

1. General

The licence holder will ensure that he or she complies at all times with all of 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.

2. Maintenance of the Vehicle

Licence holders must ensure before they drive a licensed vehicle that:

  • it is in a roadworthy condition, thoroughly cleaned, undamaged and that all equipment, fittings and fixtures are present and working
  • the tyres are of the correct pressure and tread depth and the lights are working properly (so far as is possible)
  • it complies with all of the conditions attached to the vehicle licence
  • the licence plate issued by the council is securely fixed to the outside rear of the vehicle so that other road users and pedestrians can clearly read it
  • the interior licence disc is properly displayed and clearly visible
  • any roof sign on a hackney carriage is securely attached and working
  • they record details of checks and inspections in the relevant record book
  • they report any defect discovered to the owner(s) and private hire operator

3. Conduct of the licence holder

The licence holder will:

  • at all times be clean and respectably dressed with good personal hygiene
  • behave in a civil and orderly manner, not use foul and abusive language and treat passengers other road users and authorised officers with courtesy and respect
  • not discriminate against any person because of their race, colour, creed, age, gender, sexuality or disability
  • drive at all times in a careful and considerate manner and ensure that both their driving and behaviour are of a high standard
  • not carry, at any time, any form of object on their person or in their vehicle which could be used as a weapon, without a reasonable excuse. What constitutes a reasonable excuse is to be determined by the Licensing authority
  • not demand a fare greater than previously agreed between their passenger and the operator or the fare shown on the meter if they are driving a hackney carriage
  • not smoke or use any electronic smoking device in a licensed vehicle at any time or allow their passengers to do so
  • not obtain the telephone numbers of, or engage in any form of contact on social media with any passenger under the age of 18 years, whilst working
  • keep their licence and identity badge secure and never lend them to any other person
  • help any passenger getting into or out of the vehicle if requested and take all reasonable steps to make sure that passengers are safe when they are travelling in, getting into or out of the vehicle
  • take all reasonable steps to ensure the safety of luggage conveyed in, being loaded in or removed from the vehicle
  • help any passenger with the loading and unloading of their luggage into and out of the vehicle if requested
  • have successfully completed an Approved Passenger Assistance Training Course and have been issued with the appropriate identify badge before they drive a wheelchair accessible vehicle
  • provide a receipt for the journey if requested by the passenger
  • use the shortest possible route to reach the destination unless the passenger requests a different route
  • not drive the vehicle without the written permission of the vehicle licence holder
  • not drink, eat or play audio equipment in the vehicle without the permission of the passenger(s)
  • use a mobile telephone at any time whilst driving or in control of a licensed vehicle, unless it is being used as a satellite navigation system and the use complies with all road traffic legislation and Highway Code requirements
  • not cause an obstruction on the highway or any pavement or block any entrance
  • comply with any parking or waiting restrictions and all road traffic law
  • safeguard passenger information and comply with any relevant data protection legislation and requirements
  • make sure that no annoyance or disturbance is caused to residents or other road users when in possession or control of the vehicle
  • not use the vehicle horn or lights or shout to make the passenger(s) aware that they are ready to collect them
  • not allow a private hire vehicle to be parked or waiting in such a way that it appears to be a hackney carriage or is waiting to be hired
  • not carry any passengers in a private hire vehicle where the journey has not been pre-booked via the vehicle’s licensed operator before the start of the journey; not park or stop on a taxi rank for any reason when driving a private hire vehicle
  • not initiate any dialogue of a “sexual” nature with a passenger. Licensed drivers are not permitted to become involved “sexually”, or have sexual contact, even with consent, whilst in a licensed vehicle with any person

4. Taximeter and Fare Table

If the vehicle being driven by the licence holder is fitted with a taximeter, he or she will not change or obstruct the fare recorded until that passenger has had a reasonable opportunity to examine the taximeter and has paid the fare.

The taximeter must not be tampered with and the vehicle cannot be used for private hire purposes unless the taximeter is in working order.

In a private hire vehicle the licence holder cannot charge more than any fare agreed with the private hire operator or charge more than the fare stated on the taximeter if the vehicle is fitted with a taximeter and no fare has been previously agreed.

In a hackney carriage the licence holder cannot charge more than the fare stated on the taximeter unless the journey finishes outside of the council area and the fare has been agreed before the journey commences.

If the vehicle is fitted with a taximeter the licence holder must also ensure that the correct fare table is clearly displayed in the vehicle in such a way that it can be seen by the passenger(s) at all times.

5. Accidents and Damage to the Vehicle

The licence holder must report any accident (motoring or otherwise) involving the vehicle or any damage that affects the safety, performance or appearance of the vehicle in writing to the Licensing Authority within 72 hours of the accident. The licence holder must ensure that the vehicle is not used for hire until it has been inspected and approved by an authorised officer.

6. Driver’s Identity Badge

The licence holder must wear the driver’s identity badge issued by the Council in a position where it may be seen at all times when driving a licensed vehicle.

Should the licence or identity badge be lost or stolen, the licence holder must report it to the Licensing Authority in writing immediately and not drive a licensed vehicle until they have received a replacement The licence holder must return their licence and identity badge immediately if their licence is revoked, suspended or surrendered or when it expires.

7. Passengers

The licence holder will not:

  • carry or allow to be carried in the vehicle a greater number of people than the vehicle licence permits and is stated on the licence plate
  • carry any additional passengers without the consent of the hirer or carry a child below the age of ten years in the front of the vehicle
  • carry more than one person in the front seat unless the vehicle has manufacturer fitted seats for more than one passenger in the front of the vehicle and is provided with seat belts for all front seat passengers. In this case you must not carry more than 2 front seat passengers

When carrying any child passenger who is over 135cm in height (approximately 4 feet and 5 inches) or 12 years or older the licence holder must inform them that they must wear a seatbelt.

For children under 135cm in height or under 12 years old, if the correct child restraints (i.e. child seats or harnesses) are not available the licence holder must inform their parent or guardian or some other adult responsible for their care that they can travel wearing an adult seatbelt, but this is at the discretion of the responsible adult

8. Carriage of Animals

The licence holder will not allow any animal belonging to them or in their care to ride in the vehicle when they are using the vehicle for private hire.

The licence holder must not refuse any request to carry an assistance dog (for example a guide or hearing dog), accompanying a person with a disability unless they have been exempted in writing for medical reasons by the Licensing Authority from this requirement. If such an exemption certificate has been issued, it must be clearly displayed within the vehicle.

No additional charge will be made for carrying an assistance dog. The licence holder must not refuse any reasonable request to carry an animal belonging to the hirer in the rear of the vehicle.

9. Private Hire Vehicle Operator

The licence holder must not use the vehicle for private hire unless the bookings are invited and accepted by the operator. The licence holder must ensure that the operator has a current private hire vehicle operator’s licence issued by the council.

The licence holder must notify the Licensing Authority in writing of the name and address of the operator that they are working for within seven days from the date that they start driving for that operator.

If the licence holder stops driving for the operator, they must notify the Licensing Authority in writing that they have stopped driving for the operator within seven days.

10. Deposit of Licence

The licence holder must give a copy of their private hire driver’s licence to the vehicle licence holder and operator before starting to drive the vehicle. The vehicle licence holder and operator should keep a copy of this licence until the licence holder stops driving that vehicle.

11. Insurance

It is the licence holder’s responsibility to make sure that a valid and appropriate certificate of insurance is in force for the vehicle they are driving before they drive it. The licence holder must also make sure that they do not do anything which might invalidate the insurance. The licence holder must provide the certificate of insurance to an authorised officer or police officer on request.

12. Lost Property

After each hiring the licence holder must check the vehicle for any left or lost property. If anything is found the licence holder must hand it to the private hire operator within 48 hours.

13. Inspections / Production of Documents

The licence holder must not obstruct any authorised officer or police officer from carrying out any inspection or test of the vehicle.

The licence holder must provide any of the following documents within five working days if they are requested by an authorised officer:

  • the licence holder’s DVLA driving licence and an access code to enable the council to check the licence
  • the licence holder’s taxi or private hire driver’s licence

14. Medical Fitness

The licence holder must notify the Licensing Authority in writing within 5 working days of any change in their medical condition that may adversely affect their ability to drive. This includes both temporary and long-term permanent medical conditions.

At all times when the licence holder is driving a licensed vehicle they must be sober and not under the influence of any illegal drugs. If the licence holder takes any prescription drugs for a medical condition, they must make sure that they do not affect your ability to drive.

If the licence holder feels unwell at any time when driving a licensed vehicle they must stop driving or working until they are fit to return to work.

15. Convictions and DVLA Driving Licence

The licence holder must notify the Licensing Authority in writing within 48 hours if they are arrested, charged, cautioned or convicted of any offence (including motoring offences, the acceptance of speed awareness courses and /or any associated court orders) during the currency of the licence. The licence holder’s representative must fulfil this requirement if the licence holder is detained. Fixed Penalty Notices must be reported to the Licensing Authority in writing when it is accepted, as opposed to when the driving licence has been updated.

The licence holder will make their DVLA driving licence available for inspection on request from the Operator, an authorised officer or a police officer.

The licence holder must retain their DBS Certificate and Update Service registration for the duration of any licence or licence application.

16. Change of Address

The licence holder must notify the Licensing Authority in writing within 7 days of any change in their address, even if it is temporary. The licence holder must also provide an updated copy of their DVLA driving Licence reflecting any change in address details to the Licensing Authority within one month of any change in his or her address.

17. Acknowledgement of Notifications

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.

18. Variation of Conditions

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

19. Appeals

If the licence holder is aggrieved by any of these Conditions, they may appeal to a Magistrates’ Court within twenty-one days of when the licence was issued.

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 conviction for an offence involving dishonesty, indecency or violence
  • any offence, or non-compliance with the provisions of the Town Police Clauses Act 1847 or Local Government (Miscellaneous Provisions) Act 1976
  • failure to comply with any of these Conditions. The council reserves the right to waive any of these Conditions, at its absolute discretion
  • failing to pay the appropriate licence fee. The Licence will be suspended immediately if the Licence is obtained by payment that is referred back to the council by a Bank or other financial 45 institution and revoked if the fee is not paid within ten working days of the payment being referred back to the council
  • 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 Local Government (Miscellaneous Provisions) Act 1976 or the Town Police Clauses Act 1847
  • fails to comply with any reasonable request of an authorised officer
  • without reasonable cause fails to give the authorised officer any other assistance or information which they may require

Hackney carriage drivers code of conduct

The following requirements are made by Buckinghamshire Council to ensure efficient and to ensure that proper vehicular and driver standards are maintained in the interests of public safety.

1.General

The licence holder will ensure that he or she complies at all times with all of the requirements of any Act and Regulations affecting the operation of hackney carriages, this Code of Conduct or any policy implemented by the council

2. Maintenance of the Vehicle

Licence holders must ensure before they drive a licensed vehicle that:

  • it is in a roadworthy condition, thoroughly cleaned, undamaged and that all equipment, fittings and fixtures are present and working
  • the tyres are of the correct pressure and tread depth and the lights are working properly (so far as is possible)
  • it complies with all of the conditions attached to the vehicle licence
  • the licence plate issued by the council is securely fixed to the outside rear of the vehicle so that other road users and pedestrians can clearly read it
  • the interior licence disc is properly displayed and clearly visible
  • any roof sign on a hackney carriage is securely attached and working
  • they record details of checks and inspections in the relevant record book
  • they report any defect discovered to the owner(s) and private hire operator

3. Conduct of the Licence Holder

The licence holder will:

  • at all times be clean and respectably dressed with good personal hygiene
  • behave in a civil and orderly manner, not use foul and abusive language and treat passengers other road users and authorised officers with courtesy and respect
  • not discriminate against any person because of their race, colour, creed, age, gender, sexuality or disability
  • drive at all times in a careful and considerate manner and ensure that both their driving and behaviour are of a high standard
  • not carry, at any time, any form of object on their person or in their vehicle which could be used as a weapon, without a reasonable excuse. What constitutes a reasonable excuse is to be determined by the Licensing Service
  • not demand a fare greater than previously agreed between their passenger and the operator or the fare shown on the meter if they are driving a hackney carriage
  • not smoke or use any electronic smoking device in a licensed vehicle at any time or allow their passengers to do so
  • not obtain the telephone numbers of, or engage in any form of contact on social media with any passenger under the age of 18 years, whilst working
  • keep their licence and identity badge secure and never lend them to any other person
  • help any passenger getting into or out of the vehicle if requested and take all reasonable steps to make sure that passengers are safe when they are travelling in, getting into or out of the vehicle
  • take all reasonable steps to ensure the safety of luggage conveyed in, being loaded in or removed from the vehicle
  • help any passenger with the loading and unloading of their luggage into and out of the vehicle if requested
  • have successfully completed an Approved Passenger Assistance Training Course and have been issued with the appropriate identify badge before they drive a wheelchair accessible vehicle
  • provide a receipt for the journey if requested by the passenger
  • use the shortest possible route to reach the destination unless the passenger requests a different route
  • not drive the vehicle without the written permission of the vehicle licence holder
  • not drink, eat or play audio equipment in the vehicle without the permission of the passenger(s)
  • use a mobile telephone at any time whilst driving or in control of a licensed vehicle, unless it is being used as a satellite navigation system and the use complies with all road traffic legislation and Highway Code requirements
  • not cause an obstruction on the highway or any pavement or block any entrance
  • comply with any parking or waiting restrictions and all road traffic law
  • safeguard passenger information and comply with any relevant data protection legislation and requirements
  • make sure that no annoyance or disturbance is caused to residents or other road users when in possession or in control of the vehicle
  • not use the vehicle horn or lights or shout to make the passenger(s) aware that they are ready to collect them
  • not initiate any dialogue of a “sexual” nature with a passenger. Licensed drivers are not permitted to become involved “sexually”, or have sexual contact, even with consent, whilst in a licensed vehicle with any person

4. Taximeter and Fare Table

If the vehicle being driven by the licence holder is fitted with a taximeter, he or she will not change or obstruct the fare recorded until that passenger has had a reasonable opportunity to examine the taximeter and has paid the fare.

The taximeter must not be tampered with.

The licence holder cannot charge more than the fare stated on the taximeter unless the journey finishes outside of the council area and the fare has been agreed before the journey commences.

The licence holder must also ensure that the correct fare table is clearly displayed in the vehicle in such a way that it can be seen by the passenger(s) at all times.

5. Accidents and Damage to the Vehicle

The licence holder must report any accident (motoring or otherwise) involving the vehicle or any damage that affects the safety, performance or appearance of the vehicle in writing to the Licensing Authority within 72 hours of the accident. The licence holder must ensure that the vehicle is not used for hire until it has been inspected and approved by an authorised officer.

6. Driver’s Identity Badge

The licence holder must wear the driver’s identity badge issued by the council in a position where it may be seen at all times when driving a licensed vehicle.

Should the licence or identity badge be lost or stolen, the licence holder must report it to the Licensing Authority in writing immediately and not drive a licensed vehicle until they have received a replacement.

The licence holder must return their licence and identity badge immediately if their licence is revoked, suspended or surrendered or when it expires.

7. Passengers

The licence holder will not:

  • carry or allow to be carried in the vehicle a greater number of people than the vehicle licence permits and is stated on the licence plate
  • carry any additional passengers without the consent of the hirer or carry a child below the age of ten years in the front of the vehicle
  • carry more than one person in the front seat unless the vehicle has manufacturer fitted seats for more than one passenger in the front of the vehicle and is provided with seat belts for all front seat passengers. In this case you must not carry more than 2 front seat passengers

When carrying any child passenger who is over 135cm in height (approximately 4 feet and 5 inches) or 12 years or older the licence holder must inform them that they must wear a seatbelt.

For children under 135cm in height or under 12 years old, if the correct child restraints (i.e. child seats or harnesses) are not available the licence holder must inform their parent or guardian or some other adult responsible for their care that they can travel wearing an adult seatbelt, but this is at the discretion of the responsible adult.

8. Carriage of Animals

The licence holder will not allow any animal belonging to them or in their care to ride in the vehicle when they are using the vehicle for hire.

The licence holder must not refuse any request to carry an assistance dog (for example a guide or hearing dog), accompanying a person with a disability unless they have been exempted in writing for medical reasons by the Licensing Authority from this requirement If such an exemption certificate has been issued, it must be clearly displayed within the vehicle.

No additional charge will be made for carrying an assistance dog.

The licence holder must not refuse any reasonable request to carry an animal belonging to the hirer in the rear of the vehicle.

9. Deposit of Licence

The licence holder must give a copy of their Hackney Carriage Driver’s Licence to the vehicle licence holder before starting to drive the vehicle. The vehicle licence holder should keep a copy of this licence until the licence holder stops driving that vehicle.

10. Insurance

It is the licence holder’s responsibility to make sure that a valid and appropriate certificate of insurance is in force for the vehicle they are driving before they drive it. The licence holder must also make sure that they do not do anything which might invalidate the insurance. The licence holder must provide the certificate of insurance to an authorised officer or police officer on request.

11. Lost Property

After each hiring the licence holder must check the vehicle for any left or lost property. If anything is found the licence holder must hand it to the local police station within 48 hours.

12. Inspections / Production of Documents

The licence holder must not obstruct any authorised officer or police officer from carrying out any inspection or test of the vehicle.

The licence holder must provide any of the following documents within five working days if they are requested by an authorised officer:

  • the licence holder’s DVLA driving licence and an access code to enable the council to check the licence
  • the licence holder’s taxi or private hire driver’s licence

13. Medical Fitness

The licence holder must notify the Licensing Authority in writing within 5 working days of any change in their medical condition that may adversely affect their ability to drive. This includes both temporary and long-term permanent medical conditions.

At all times when the licence holder is driving a licensed vehicle they must be sober and not under the influence of any illegal drugs. If the licence holder takes any prescription drugs for a medical condition, they must make sure that they do not affect your ability to drive.

If the licence holder feels unwell at any time when driving a licensed vehicle they must stop driving or working until they are fit to return to work.

14. Convictions and DVLA Driving Licence

The licence holder must notify the Licensing Authority in writing within 48 hours if they are arrested, charged, cautioned or convicted of any offence (including motoring offences, the acceptance of speed awareness courses and / or any associated court orders) during the currency of the licence. The licence holder’s representative must fulfil this requirement if the licence holder is detained. Fixed Penalty Notices must be reported to the Licensing Authority in writing when it is accepted, as opposed to when the driving licence has been updated.

The licence holder will make their DVLA driving licence available for inspection on request from the Operator, an authorised officer or a police officer.

The licence holder must retain their DBS Certificate and Update Service registration for the duration of any licence or licence application.

15. Change of Address

The licence holder must notify the Licensing Authority in writing within 7 days of any change in their address, even if it is temporary. The licence holder must also provide an updated copy of their DVLA driving Licence reflecting any change in address details to the Licensing Authority within one month of any change in his or her address.

16. Acknowledgement of Notifications

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.

17. Variation of Conditions

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

18. Appeals

If the licence holder is aggrieved by any of these Conditions, they may appeal to a Magistrates’ Court within twenty-one days of when the licence was issued.

Informatives

Suspension, revocation or refusal to renew licence

Without prejudice to this Code of Conduct, the council may suspend, revoke or refuse to renew the Licence on any of the following grounds:

  • any conviction for an offence involving dishonesty, indecency or violence
  • any offence, or non-compliance with the provisions of the Town Police Clauses Act 1847 or Local Government (Miscellaneous Provisions) Act 1976
  • failure to comply with any of these Conditions. The council reserves the right to waive any of these Conditions, at its absolute discretion
  • failing to pay the appropriate licence fee. The Licence will be suspended immediately if the Licence is obtained by payment that is referred back to the council by a Bank or other financial institution and revoked if the fee is not paid within ten working days of the payment being referred back to the council
  • 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 Local Government (Miscellaneous Provisions) Act 1976 or the Town Police Clauses Act 1847
  • fails to comply with any reasonable request of an authorised officer
  • without reasonable cause fails to give the authorised officer any other assistance or information which they may require

Hackney carriage and private hire vehicle licence conditions

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 Town Police Clauses Act 1847, the Town Police Clauses Act 1889, the Local Government (Miscellaneous Provisions) Act 1976, the Transport Act 1985 and other relevant legislation.

1.General

The licence holder must ensure that the vehicle complies in all respects with the requirements of any Act and Regulation affecting the operation of private hire vehicles, hackney carriages, motor vehicles, these conditions and any Code of Practice or policy implemented by the council.

2. Construction

The Vehicle must be of such design and appearance and include such fittings as are specified by the council.

3. Maintenance of the Vehicle

The vehicle must be regularly maintained and tested. The vehicle must be checked every day that it is used to ensure that it is roadworthy and complies with these Conditions and that any equipment, fittings or fixtures are present and serviceable. Details of checks and inspections must be recorded in the record book to be kept in line with Condition 16 below.

The colour of the vehicle, its mechanical or structural specification, design, condition or appearance cannot be changed without the prior written consent of the council. The vehicle, including all fittings, must be kept roadworthy, well maintained and in good working order so that it complies with MOT requirements at all times.

A valid MOT certificate issued by an approved garage must be in force at all times that the vehicle is licensed.

The interior and exterior of the vehicle must be kept in a clean and tidy condition and all bodywork kept free from dents and other distortion and/or damage. Any repairs and cosmetic improvements must be of an acceptable quality with a good paint match. Doors, door locks, boot/tail gate and locks, bonnet, hinges and catches, windows, sunroofs and hoods must operate correctly and all upholstery must be well maintained and free from unsightly repairs, stains and burns.

The vehicle must not be fitted with any additional lights other than those originally fitted by the manufacturer unless they have been approved by the Licensing Authority.

If a roof rack (or roof box) is being used it must be securely fitted to the roof in accordance with the manufacturer’s instructions. All luggage must be properly secured and in the case of a roof rack, a waterproof cover must be fitted. Any roof box must be correctly closed before moving off.

The vehicle must carry a spare wheel to fit the vehicle and the wheel, together with equipment to change the wheel must be securely stored. This does not apply if the vehicle did not include a spare wheel when new, in which case the manufacturer’s alternative (e.g. spray can) will be acceptable.

The vehicle must be fitted with tyres that meet the specifications detailed by the manufacturer in terms of size and speed rating. All tyres must have at least 2 mm of tread across the entire contact surface.

The vehicle must be fitted with nearside and offside exterior rear view mirrors which must be maintained in a serviceable condition.

Any protective screen within the vehicle must have been installed in line with the council’s guidelines and be approved by the Licensing Section or an authorised garage prior to use.

The vehicle odometer must not be altered in any way or replaced without the prior written consent of the licensing authority.

The glass in the vehicle must not be replaced with glass that is different from the glass fitted when the vehicle was inspected by an approved testing station. Self-adhesive material (tinted or clear) must not be fixed to any part of the glass.

The licence holder must ensure that all drivers permitted to drive the vehicle check and confirm that it is roadworthy and complies with these Conditions before they drive the vehicle. A minimum of 75% light must be transmitted through the front windscreen, 70% light is transmitted through any front passenger windows and a minimum of 60% light through all other glass (with the exception of rear quarter lights). Approved executive vehicles are exempted from this requirement.

4. Taximeter and Table of Fares

Hackney carriages must be fitted with a calendar controlled and sealed taximeter which is tamperproof and has been approved by the council. It must be mounted in such a way as to avoid injury to the driver or passengers in the case of any collision and where it is visible to passengers. This must be in a safe and practical position in the vehicle where all letters and figures displayed on the meter are clearly visible to any passenger. The letters and figures must be illuminated when in use.

The meter must be set to ensure that the charge will never exceed the amount specified in the Councils Hackney Carriage Table of Fares.

The meter must be accurate, be capable of showing that the vehicle is or is not hired, it must be fitted with a key or other device that, when turned, will operate the meter and display the word “HIRED”. This key or device must be capable of locking the meter so it does not work and no fare is recorded on it.

When the meter is in use, the fare must be clearly legible on the face of the meter. This fare must be unambiguous and must not exceed the fare permitted by the Council’s Hackney Carriage Table of Fares.

The word “FARE” must be clearly printed on the meter so it clearly indicates the fare displayed.

The meter must only be brought into action and the fare or charge must only commence from the point at which the hirer starts his/her journey.

If the meter fails or does not comply with the conditions, the vehicle must not be used as a hackney carriage. A notice showing the current Table of Fares must be displayed inside the vehicle in a position where any passengers can easily read it.

You must not (and you must not allow anyone else) to tamper with the meter or any seal on the meter without lawful excuse or alter any meter with the intent to mislead.

Meters in Private Hire Vehicles

You may use a meter in the private hire vehicle only if it is constructed, attached, and maintained in compliance with the requirements above.

Unless the fare is agreed in advance, you must switch the meter on at the point the hirer’s journey commences and keep the meter working until the termination of the hiring.

You must not cancel or conceal the fare recorded until the hirer has had a reasonable opportunity of examining it and has paid the fare (unless a lesser fare has been agreed).

You must ensure that the fare charged does not exceed the fare displayed on the meter at the end of the journey.

5. Damage to the Vehicle

Any damage materially affecting the safety, performance or appearance of the Vehicle or the comfort or convenience of your passengers must be reported in writing to the Licensing Authority within 72 hours of the vehicle being damaged. The Vehicle must not be used until it has been repaired to the satisfaction of the Licensing Authority. Where a vehicle has not been inspected by an authorised officer prior to repairs being carried out, a new MOT certificate will generally be required to ensure that the vehicle is in a roadworthy condition.. If you are in any doubt as to whether the vehicle is affected you must notify the Licensing Authority.

6. Vehicle Inspections

The licence holder must make the vehicle available for inspection by an authorised officer or a police officer at any time and must confirm the location of the vehicle on request.

7. Licence Plate

The licence holder must ensure that the licence plate issued by the council is securely fixed to the exterior of the rear of the Vehicle at all times and is maintained and kept in such condition that the information contained on the plate is clearly visible to public view at all times. Alteration of the size and condition of the licence plate is not permitted. The plate must be secured to the vehicle by the use of a bracket. If a bracket is not suitable or practicable the plate shall be fixed with the aid of screws and bolts.

The licence plate remains the property of the council and the licence holder must return the plate to the Licensing Authority immediately upon termination of the licence, whether this is through suspension, surrender, revocation or normal expiry.

The licence holder must report any theft or loss of the plate to the police and the Licensing Authority within 24 hours of becoming aware of the theft or loss. The vehicle must not then be used for hire until a replacement plate has been obtained and fixed to the vehicle.

8. Other Signs or Notices

The licence holder must fix and maintain in good condition and in the specified position, any sign or notice required by the council. All private hire vehicles which are not subject to an exemption must display yellow door signs on the driver door and the front passenger door of the vehicle. These must be positioned so that the sign is above the rubbing strip on the doors or in any event the top of the sticker cannot be more than 15cm below the bottom of the window. The use of magnets to secure council issued door stickers is not considered secure and is not permitted unless issued for a temporary vehicle. Vehicles which have been granted executive status are not required to display the council issued yellow door signs and must not display any form of signage other than the executive style licence plate.

9. Advertisements and Roof Signs

The licence holder must not display any advertisement in or on the vehicle or fix any roof sign to the vehicle without the written consent of the council.

10. Drivers The licence holder must only permit the vehicle to be driven by a driver licensed by the council to drive private hire vehicles and they are satisfied that the person is a safe and suitable person to drive the vehicle.

Before permitting or employing a driver to drive the vehicle, the licence holder must obtain a copy of their private hire driver licence and must keep a copy of their current licence until the driver no longer drives the vehicle. The licence holder must also provide a copy of this licence to an authorised officer on request.

Before permitting or employing a driver to drive a wheelchair accessible vehicle, the licence holder must ensure that the driver has successfully completed an Approved Passenger Assistance Training Course and has been issued with the appropriate identify badge.

The licence holder must notify the Licensing Authority in writing of any driver permitted to drive the vehicle within seven days of the driver being employed or granted permission to drive the Vehicle. The licence holder will notify the Licensing Service in writing of any complaint relating to the driver within seven days of receipt of the complaint.

11. Private Hire Vehicle Operator

The licence holder must notify the Licensing Service in writing of any change in the Operator(s) who operate(s) the vehicle within seven days from the date of the change.

12. Transfer of Vehicle

The licence holder must immediately notify the council in writing of any transfer of their interest in the vehicle and provide the name and address of the person that the interest has been transferred to. The licence holder must return the licence plate and licence before they sell or transfer the vehicle transfer.

13. Insurance The licence holder must ensure that a valid certificate of insurance that complies with the requirements of road traffic legislation is kept in force in respect of each driver of the vehicle and in relation to its use as either a private hire vehicle or a hackney carriage.

The licence holder must produce the insurance certificate to a Police Officer or an authorised officer on request. The licence holder must ensure that the Licensing Service is given a copy of the current insurance cover during the period of the licence.

14. Convictions The licence holder must notify the Licensing Authority in writing within 48 hours if they are arrested, charged, cautioned or convicted of any offence (including motoring offences, the acceptance of speed awareness courses and / or any associated court orders) during the currency of the licence. The licence holder’s representative must fulfil this requirement if the licence holder is detained. Fixed Penalty Notices must be reported to the Licensing Authority in writing when it is accepted , as opposed to when the driving licence has been updated.

The licence holder will make their DVLA driving licence available for inspection on request from the Operator, an authorised officer or a police officer.

15. Fire Extinguisher and First Aid Kit

At all times the vehicle must carry a 1 kg dry powder extinguisher or a 2 litre AFFF extinguisher approved to BS EN3: 1996, with the licence number painted on it. The fire extinguisher must be properly maintained in accordance with BS 5306; Part 3 and be secured in such a position in the vehicle as to be fit for immediate use in an emergency.

A first aid kit complying with the Health and Safety (First Aid) Regulations 1981 must be carried in all licensed vehicles so that it is immediately available for use in an emergency. All items contained within the first aid kit must be within their expiry date and in good condition.

16. Record Book

The licence holder must keep a record book that contains the following information:

  • the name(s), address(es), and licence number(s) of the persons permitted or employed to drive the vehicle
  • the name and licence number of the person in possession of the vehicle at any time records of maintenance checks and inspections undertaken which must include:
  1. dates and times of each inspection and maintenance check
  2. the name of the person or garage which undertook the inspection or check
  3. details of defects identified and dates when the defects were corrected

The licence holder must retain this record book for a minimum period of twelve months and produce it to the authorised officer on request.

17. Change of Address

The licence holder must notify the Licensing Service in writing within 7 days of any change of address, even if it is temporary.

18. Acknowledgement of Notifications

If within one month you have not received written acknowledgement of any notification that you were required to make by the conditions of the licence from the Licensing Service you must confirm with the Licensing Service that the notification has been received.

19. Appeals

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

Informatives

Suspension, Revocation or Refusal to Renew Licence

(a) Without prejudice to these Conditions the council may suspend, revoke or refuse to renew the Licence on any of the following grounds:

  • that the Vehicle is unfit for use as a private hire vehicle
  • any offences, or non-compliance with the provisions of the Town Police Clauses Act 1847 or the 1976 Act by the Operator or driver
  • failure to comply with any of these Conditions
  • failure to pay the appropriate licence fee. The Licence shall be suspended immediately if the Licence is obtained by payment that is referred back to the council by a Bank or other financial institution and revoked if the fee is not paid within ten working days of the payment being referred back to the council
  • any criminal convictions
  • any other reasonable cause

(b) The Licence shall be deemed to be revoked should any defect(s) set out in a notice issued under Section 68 of the 1976 Act be not corrected to the satisfaction of the Authorised Officer within two months from the date the notice is issued.

Other offences

The licence holder will be guilty of an offence if they:

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

Executive private hire vehicle licence conditions

Definitions:

  1. In these conditions, the following expressions have the following meaning:

“Exemption notice” means a notice served by the council which permits the licensee:

  1. to display the executive licence plate issued by the council on the licensed vehicle in place of the normal licence plate required by condition 7 of the Hackney Carriage and Private Hire Vehicle Licence Conditions
  2. to tint the windows of the licensed vehicle notwithstanding the council’s policy in this respect
  3. to refrain from displaying door stickers issued by the council for display on licensed vehicles pursuant to condition 8 of the Hackney Carriage and Private Hire Vehicle Licence Conditions

“Withdrawal notice” means a notice served by the council which withdraws an exemption notice and revokes the permissions granted by the exemption notice.

“Work of a corporate or executive nature” means work which satisfies both (a) and (b) below. The work must be conducted:

(a) solely for corporate or other business account customers who have an agreement with the licensee; and

(b) on an account basis whereby payments are made pursuant to an invoice, remotely and otherwise than for cash.

  1. Any vehicle which is the subject of an exemption notice shall only be used for work of a corporate or executive nature.
  2. Without prejudice to condition 2:

(a) Cash payment for hire shall not be sought or accepted

(b) Bookings shall not be taken from persons who are not corporate or other business account customers of the licensee

(c) The vehicle shall not be used to convey children to or from schools

  1. The vehicle shall be maintained in pristine condition with no visible defects, dents or blemishes to the external bodywork or internal trim or seating
  2. The Exemption Notice issued by the council shall be carried within the vehicle at all times and presented for inspection at the request of an Authorised Officer, a Police Officer or the Hirer
  3. Other than the executive licence plate issued by the council, no advertisement, signage, logos or insignia shall be displayed in, on or from the vehicle
  4. The driver of the vehicle shall be dressed in a business suit or jacket and tie with smart trousers
  5. The council may serve a Withdrawal Notice in its absolute discretion. Following service of a Withdrawal Notice, the Licensee shall return the executive licence plate to the council forthwith, and may not use the vehicle for private hire work unless and until the vehicle is fitted with a standard private hire licence plate (as required by condition 7 of the Hackney Carriage and Private Hire Vehicle 60 Licence Conditions), door stickers (as required by condition 9 of the Hackney Carriage and Private Hire Vehicle Licence Conditions), and complies with the council’s policy in relation to tinted windows
  6. Executive status is not transferable between private hire operators. The Licensee must notify the Authorised Officer in writing of any change in the Operator(s) who are operating the vehicle in line with condition 11 of the Hackney Carriage and Private Hire Vehicle Licence conditions and the Authorised Officer will determine whether retention of executive status is appropriate

Stretched limousines and novelty vehicles - non standard private hire vehicle licence conditions

A limousine, or other novelty vehicle capable of carrying no more than 8 passengers for hire or reward is a private hire vehicle, and all other interpretations, policies and conditions relevant to licensed private hire vehicles also apply, except where described below:

  1. For the purposes of this policy and licence conditions, a stretched limousine is defined as a luxurious vehicle, whether left or right hand drive, that has been modified (stretched) to extend the length of the vehicle. The stretch shall not exceed 120 inches [3048 millimetres]. The vehicle shall be capable of carrying up to, but not exceeding eight seated passengers. Each passenger seating area will be at least 400mm wide.
  2. For the purposes of this policy, a novelty vehicle shall be defined as follows:

    a) any vehicle that has been specially constructed adapted or converted by a low volume specialist vehicle manufacturer or modifier
    b) any vehicle that has been specially modified from its original design or specification and that is capable of carrying up to but not exceeding 8 passengers
    d) vehicles intended for the carriage of fare paying passengers that, prior to the introduction of this policy/conditions, would not be licensed by the Authority as a private hire vehicle because they did not comply with one or more of the Standard Conditions relating to Private Hire Vehicles
    e) Any vehicle that, in the opinion of the Licensing Team Leader, because of its specialist design/styling or origin or age is required to be classed as a Novelty Vehicle
  3. Age of vehicle
    Stretch limousines and other novelty vehicles will be licensed up to a maximum of fifteen years from the date of registration; provided the vehicle presented meets all of the council’s other criteria in terms of appearance and maintenance.
  4. Licence Plates
    The vehicle licence plate must be kept in the boot of the vehicle at all times whilst the vehicle is licensed as a private hire vehicle. The internal plate must be displayed in the front windscreen at all times so that the details are clearly visible from both the interior and exterior of the vehicle. Where a partition is fitted to the vehicle a further internal licence plate must be displayed in the passenger compartment of the vehicle so that it is clearly visible to occupants.
  5. Driver
    Only a licensed private hire driver is permitted to drive the vehicle whilst it is licensed. The driver must ensure that they wear their council-issued identity badge in a prominent position on their person at all times whilst working or driving the vehicle. The driver shall at all times be clean and respectable in their dress and behave in a civil and orderly manner.
  6. Advertisements and Roof Signs
    The Licensee shall not display any advertisement in or on the Vehicle or affix any roof sign to the Vehicle without the written consent of the council.
  7. Passengers and Passenger Safety
    a) The proprietor shall not permit the Limousine/Novelty Vehicle to be used to carry a greater number of passengers than the number prescribed in the licence. For the avoidance of doubt a child in arms is classed as a person whatever age
    b) No fare paying passengers will be carried in the front of the vehicle
    c) Where a clear view into the vehicle is restricted by either a window tint or the nature of the vehicle, the vehicle shall not carry less than two passengers at any one time. Where the passengers in the vehicle consist of persons under the age of 14 years they will be accompanied by a responsible adult, other than the driver, who is over the age of 18 years
    d) All passengers must remain seated at all times when the vehicle is in motion
    e) The proprietor of the vehicle must:

    i) Provide sufficient means by which any person in the vehicle may communicate with the driver
    ii) Ensure that the interior of the vehicle is kept wind and watertight
    iii) Ensure that the seats in the passenger compartment are kept properly cushioned and covered
    iv) Ensure that the floor in the passenger compartment is provided with a proper carpet, mat or other suitable covering
    v) Provide facilities for luggage to be conveyed safely and be protected from inclement weather
    vi) Provide at least two doors for use of persons conveyed in Limousine/Novelty Vehicle and a separate means of ingress and egress for the driver
    vii) Ensure that the interior and exterior of the Limousine/Novelty Vehicle is kept in a clean condition
    viii) Ensure that seatbelts are fitted to all forward and rear facing seats. In accordance with Construction and Use Regulations, where seat belts are fitted they must be readily available to be worn by passengers at all times when the vehicle is in motion
    ix) Ensure that an approved first aid kit and fire extinguisher will be carried in the vehicle at all times when the vehicle is in use. The fire extinguisher must be replaced every two years or earlier if necessary.
  8. Interior Lighting
    There shall be maintained in the vehicle adequate internal lighting to enable passengers to enter and leave the vehicle with safety.
  9. Tyres and Road Wheels
    T
    he vehicle shall be equipped with a minimum of 4 road wheels and 1 full sized spare wheel. The tyres shall be of an approved rating as specified by the manufacturer.
  10. Windows
    The front windscreen shall allow a minimum level of 75% light transmittance and the front driver and passenger windows shall allow a minimum level of 70% light transmittance.
  11. Decommissioned Vehicle Markings
    Novelty vehicles based on decommissioned Military or Emergency Response vehicles must have all official marking or lights removed. Any colour scheme must be of a contrast to the original colour scheme and to that of any previous or current military or emergency response vehicles.
  12. Roof Racks
    Without prejudice to any other conditions in the Licence, a roof rack or any other device for storing luggage shall not be installed or maintained on any part of the exterior of the vehicle except with the approval of the council.
  13. Exemption Notice for Displaying a Licence Plate / Door Stickers
    A certificate exempting the vehicle from displaying a licence plate and council-issued door stickers will be issued by the council. This certificate must be carried in the vehicle at all times and be available for inspection on request by an authorised officer of the council or a police constable.
  14. Convictions
    The licence holder must notify the Licensing Authority in writing within 48 hours if they are arrested, charged, cautioned or convicted of any offence (including motoring offences, the acceptance of speed awareness courses and / or any associated court orders) during the currency of the licence. The licence holder’s representative must fulfil this requirement if the licence holder is detained. Fixed Penalty Notices must be reported to the Licensing Authority in writing when it is accepted, as opposed to when the driving licence has been updated.
  15. Touting
    No person shall tout, solicit or approach any person to encourage them to be carried in the vehicle.
  16. Alcohol
    Alcoholic drinks provided in the vehicle shall be available only under the terms of an appropriate licence relating to the sale and supply of alcohol. This includes any complimentary drinks provided as part of the hiring.

    Alcohol shall only be consumed while the vehicle is stationary and the bottle shall immediately afterwards be placed in a secure receptacle. Suitable stowage shall be provided for any containers during the journey.

    If all of the passengers are below the age of 18, there shall be no alcohol in the vehicle for consumption or otherwise. Any glassware used in the vehicle must be made of shatterproof glass or plastic.
  17. Licensing Act 2003
    The driver shall not play or permit the performance of any media that, given its age classification or content, is unsuitable for the age of the passengers in the vehicle.

    The limousine operator shall ensure that a performing rights licence is held where appropriate.

    A Premises Licence will be required for the provision of any form of regulated entertainment within the scope of the Licensing Act 2003 when the vehicle is parked.

    The vehicle shall be maintained in pristine condition with no visible defects, dents or blemishes to the external bodywork or internal trim or seating.

    The driver shall have been appropriately trained to drive the type of vehicle being used. Evidence of this training shall be provided to an Authorised Officer on request.

    The council reserves the right to vary, delete or waive any of the foregoing conditions.

Private hire vehicle operator licence conditions

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.

  1. General

    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.
  2. Nominated Person

    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
  • 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.

3. Person in Charge

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.

4. Standard of Service

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

5. Number of Vehicles

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.

6. Details of Drivers

The licence holder will keep at the Operating Centre a 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.

7. Details of Staff

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

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

8. Booking Records

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
  • 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 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.

9. Details of Vehicles

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
  • the date on which the vehicle stopped being operated by 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.

10. Trading Name

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.

11. Record of Complaints

The licence holder will keep a record containing the following information:

  • 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.

12. Insurance

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

13. Fares and Fare Table

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 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

14. Operating Centre

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.

15. Change of Address

The licence holder must notify the Licensing Service in writing within 7 days of any change in their home address, even if it is temporary

16. Operator Licences in Company Names

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. Any new directors would then be required to submit an application for the appropriate level of Disclosure and Barring Service Disclosure Certificate and undertake the relevant knowledge test, and Child Sexual Exploitation training, both within two months of the notification

17. Convictions

The licence holder is 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 within 48 hours notify the Licensing Authority in writing if any of the following are arrested, charged, cautioned or convicted of any offence:

  • 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, against the Company itself, a Director or Officer of the Company

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

Fixed Penalty Notices must be reported to the Licensing Authority in writing upon acceptance from a police officer, as opposed to when the driving licence has been updated

18. Provision of information

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:

  • any change in the information provided in the original application for the grant of the Licence, or any subsequent application for the variation thereof, if any driver ceases to be available to the Operator for carrying out bookings, by virtue of that driver’s unsatisfactory conduct in connection with the driving of a vehicle including the name and address of the driver and the circumstances of the case
  • a vehicle or vehicles cease to be used by the Operator for carrying out bookings, by virtue of that vehicle’s unsatisfactory condition; or
  • 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

19. Copy of the Licence and Conditions

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.

20. Acknowledgement of Notifications

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.

21. Variation of Conditions

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

22. Appeals

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

Appendix 4 - criminal records and unacceptable behaviour policy

Guidelines for the issue of hackney carriage and private hire driver and operators licences

The sole purpose of Hackney carriage and private hire licensing is to protect the public. That is the only consideration the council can take into account when determining application for a licence, or whether to take action against an existing licence (suspend, revoke or refuse to renew).

Ideally, all those involved in the hackney carriage and private hire trades (hackney carriage and private hire drivers, hackney carriage and private hire vehicle owners and private hire operators) would be persons of the highest integrity. In many cases that is true, and the vast majority of those involved in these trades are decent, upstanding, honest and hard-working individuals. Unfortunately, as in any occupation or trade, there are those who fail to conform to those standards.

The purpose of this this policy is to lay down guidelines as to what Buckinghamshire Council regard as unacceptable previous conduct on the part of an applicant or licensee. This will then assist the council in determining whether a particular person is safe and suitable either to be granted a licence in the first place or to retain such a licence.

Drivers and operators cannot be granted a licence unless the authority is satisfied that they are a “fit and proper person” to hold that licence (see Local Government (Miscellaneous Provisions) Act 1976 ss 51 and 59 in respect of drivers; s55 in respect of operators).

There are no statutory criteria for vehicle licences, therefore the authority has an absolute discretion over whether to grant either a hackney carriage or private hire vehicle’s licence.

“Fit and proper” means that the individual (or in the case of a private hire operator’s licence, the limited company together with its directors and secretary, or all members of a partnership1 ) is “safe and suitable” to hold the licence. Section 57(2)(c) of the Local Government (Miscellaneous Provisions) Act 1976 allows a local authority to consider the character of a company director or secretary, or any partner.

In determining safety and suitability the licensing authority is entitled to take into account all matters concerning that applicant or licensee. They are not simply concerned with that person’s behaviour whilst working in the hackney carriage or private hire trade. This consideration is far wider than simply criminal convictions or other evidence of unacceptable behaviour, and the entire character of the individual will be considered. This can include, but is not limited to, the individual’s attitude and temperament.

Convictions for attempt or conspiracy will be regarded as convictions for the substantive crime. A caution is regarded in exactly the same way as a conviction, and can only be imposed following an admission of guilt, which is equivalent to a guilty plea on prosecution. Relevant fixed penalties and community resolutions will also be considered as criminal conduct.

It is important to recognise that matters which have not resulted in a criminal conviction (whether that is the result of an acquittal, a conviction being quashed, decision not to prosecute or an investigation which is continuing where the individual has been bailed) can and will be taken into account by the licensing authority. In addition, complaints where there was no police involvement will also be considered. Within this document, any reference to “conviction" will also include matters that on the balance of probability amount to criminal behaviour, but which have not resulted in a conviction. This may include Fixed Penalty Notices (FPNs) Penalty Notices for Disorder (PNDs) and community resolutions.

In the case of any new applicant who has been charged with any offence and is awaiting trial, the determination will be deferred until the trial has been completed or the charges withdrawn. Where an existing licensee is charged, it will be for the licensing authority to decide what action to take in the light of these guidelines.

In all cases, the licensing authority will consider the conviction or behaviour in question and what weight should be attached to it, and each and every case will be determined on its own merits, and in the light of these guidelines and taking legal advice where appropriate.

Any offences committed, or unacceptable behaviour reported whilst driving a hackney carriage or private hire vehicle, concerning the use of a hackney carriage or private hire vehicle, or in connection with an operator of a private hire vehicle will be viewed as aggravating features, and the fact that any other offences were not connected with the hackney carriage and private hire trades will not be seen as mitigating factors.

As the council will be looking at the entirety of the individual, in many cases safety and suitability will not be determined by a specified period of time having elapsed following a conviction or the completion of a sentence. Time periods are relevant and weighty considerations, but they are not the only determining factor.

In addition to the nature of the offence or other behaviour, the quantity of matters and the period over which they were committed will also be considered. Patterns of repeated unacceptable or criminal behaviour are likely to cause greater concern than isolated occurrences as such patterns can demonstrate a propensity for such behaviour or offending.

Most applicants or licensees will have no convictions and that is clearly the ideal situation. In relation to other people, it is accepted that human beings do make mistakes and lapse in their conduct for a variety of reasons, and it is further accepted that many learn from experience and do not go on to commit further offences. Accordingly, in many cases an isolated conviction, especially if committed some time ago, may not prevent the grant or renewal of a licence.

It is also important to recognise that once a licence has been granted, there is a continuing requirement on the part of the licensee to maintain their safety and suitability. The council has powers to take action against the holder of all types of licence (driver’s, vehicle and operator’s) and it must be understood that any convictions or other actions on the part of the licensee which would have prevented them being granted a licence on initial application will lead to that licence being revoked.

Any dishonesty by any applicant or other person on the applicant’s behalf which is discovered to have occurred in any part of any application process (e.g. failure to declare convictions, false names or addresses, falsified references) will generally result in a licence being refused, or if already granted, revoked and may result in prosecution.

As the direct impact on the public varies depending upon the type of licence applied for or held, it is necessary to consider the impact of particular offences on those licences separately. However, there are some overriding considerations which will apply in all circumstances.

Generally, where a person has more than one conviction, this will raise serious questions about their safety and suitability. The licensing authority is looking for safe and suitable individuals, and once a pattern or trend of repeated offending is apparent, a licence will not be granted or renewed.

Where an applicant/licensee is convicted of an offence which is not detailed in this guidance, the licensing authority will take that conviction into account and use these guidelines as an indication of the approach that should be taken.

These guidelines do not replace the duty of the licensing authority to refuse to grant a licence where they are not satisfied that the applicant or licensee is a fit and proper person. Where a situation is not covered by these guidelines, the authority must consider the matter from first principles and determine the fitness and propriety of the individual.

When considering whether an applicant or licence holder is fit and proper to hold a licence the council will consider the following question:

‘Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?’ (“Statutory Taxi and Private Hire Vehicle Standards”, Department for Transport, July 2020).

If on the balance of probabilities, the answer to the question is ‘no’, the person concerned will not be permitted to hold a licence. An equivalent test will be applied when considering vehicle and operator licence holders.

The council has to make difficult decisions but the safeguarding of the public is paramount. All decisions on the suitability of an applicant or licence holder will be made on the balance of probability. This means that an applicant or licence holder will not be ‘given the benefit of doubt’. If the council is only “50/50” as to whether the applicant or licence holder is ‘fit and proper’, they will not be permitted to hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction.

Drivers

As the council issues dual licences (permitting the licensee to drive either a hackney carriage or private hire vehicle, referred to as a taxi driver’s licence) and the criteria for determining whether an individual should be granted or retain a hackney carriage driver’s licence are identical to the criteria for a private hire driver’s licence, the two are considered together.

A taxi driver has direct responsibility for the safety of their passengers, direct responsibility for the safety of other road users and significant control over passengers who are in the vehicle. As those passengers may be alone, and may also be vulnerable, any previous convictions or unacceptable behaviour will weigh heavily against a licence being granted or retained.

As stated above, where an applicant has more than one conviction showing a pattern or tendency irrespective of time since the convictions, serious consideration will need to be given as to whether they are a safe and suitable person.

In relation to single convictions, the following time periods should elapse following completion of the sentence (or the date of conviction if a fine was imposed) before a licence will be granted.

Crimes resulting in death

Where an applicant or licensee has been convicted of a crime which resulted in the death of another person or was intended to cause the death or serious injury of another person they will not be licensed.

Exploitation

Where an applicant or licensee has been convicted of a crime involving, related to, or has any connection with abuse, exploitation, use or treatment of another individual irrespective of whether the victim or victims were adults or children, they will not be licensed. This includes slavery, child sexual exploitation, grooming, psychological, emotional or financial abuse, but this is not an exhaustive list.

Sex and indecency offences

Where an applicant has a conviction for any offence involving or connected with illegal sexual activity or any form of indecency, a licence will not be granted.

In addition to the above, the licensing authority will not grant a licence to any applicant who is currently on the Sex Offenders Register or on any ‘barred’ list.

Offences involving violence

Where an applicant has a conviction for an offence of violence, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.

Possession of a weapon

Where an applicant has a conviction for possession of a weapon or any other weapon related offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Dishonesty

Where an applicant has a conviction for any offence of dishonesty, or any offence where dishonesty is an element of the offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Drugs

Where an applicant has any conviction for, or related to, the supply of drugs, or possession with intent to supply or connected with possession with intent to supply, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.

Where an applicant has a conviction for possession of drugs, or related to the possession of drugs, a licence will not be granted until at least 5 years have elapsed since the completion of any sentence imposed. In these circumstances, any applicant will also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs.

Discrimination

Where an applicant has a conviction involving or connected with discrimination in any form, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Motoring convictions

Hackney carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public. Any motoring conviction demonstrates a lack of professionalism and will be considered seriously. It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the grant of a licence or may not result in action against an existing licence. Subsequent convictions reinforce the fact that the licensee does not take their professional responsibilities seriously and is therefore not a safe and suitable person to be granted or retain a licence.

Drink driving and/or driving under the influence of drugs

Where an applicant has a conviction for drink driving or driving under the influence of drugs, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban imposed. In these circumstances, any applicant will also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs.

Using a hand-held telephone or hand held device whilst driving

Where an applicant has a conviction for using a hand-held mobile telephone or a hand-held device whilst driving, a licence will not be granted until at least 5 years have elapsed since the conviction or completion of any sentence or driving ban imposed, whichever is the later.

Other motoring offences

A minor traffic or vehicle related offence is one which does not involve loss of life, driving under the influence of drink or drugs, driving whilst using a mobile phone, and has not resulted in injury to any person or damage to any property (including vehicles). Where an applicant has 7 or more points on their DVLA licence for minor traffic or similar offences, a licence will not be granted until at least 5 years have elapsed since the completion of any sentence imposed.

A major traffic or vehicle related offence is one which is not covered above and also any offence which resulted in injury to any person or damage to any property (including vehicles). It also includes driving without insurance or any offence connected with motor insurance. Where an applicant has a conviction for a major traffic offence or similar offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Hackney carriage and private hire offences

Where an applicant has a conviction for an offence concerned with or connected to hackney carriage or private hire activity (excluding vehicle use), a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Vehicle use offences

Where an applicant has a conviction for any offence which involved the use of a vehicle (including hackney carriages and private hire vehicles), a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Private hire operators

A private hire operator (“an operator”) does not have direct responsibility for the safety of passengers, other road users or direct contact with passengers who are in the private hire vehicle (except where they are also licensed as a private hire driver). However, in performing their duties they obtain and hold considerable amounts of personal and private information about their passengers which must be treated in confidence and not revealed to others, or used by the operator or their staff for criminal or other unacceptable purposes.

As stated above, where an applicant has more than one conviction, serious consideration will need to be given as to whether they are a safe and suitable person.

Operators must ensure that any staff that are used within the business (whether employees or independent contractors) and are able to access any information as described above are subject to the same standards as the operator themselves. This can be effected by means of the individual staff member being required by the operator to obtain a basic DBS certificate. If an operator is found not to be applying the required standards and using staff that do not meet the licensing authority’s overall criteria, that will lead to the operator’s licence being revoked.

As public trust and confidence in the overall safety and integrity of the private hire system is vital, the same standards will be applied to operators as those applied to drivers, which are outlined above.

Vehicle licence holders

Vehicle proprietors (both hackney carriage and private hire) have two principal responsibilities.

Firstly, they must ensure that the vehicle is maintained to an acceptable standard at all times.

Secondly, they must ensure that the vehicle is not used for illegal or illicit purposes.

As stated above, where an applicant has more than one conviction, serious consideration will need to be given as to whether they are a safe and suitable person to be granted or retain a vehicle licence.

As public trust and confidence in the overall safety and integrity of the private hire system is vital, the same standards will be applied to proprietors as those applied to drivers, which are outlined above.

Appendix 5 – penalty points policy and schedule

Introduction

1.1 This document provides guidance in relation to the penalty point system for taxi and private hire enforcement used by Buckinghamshire Council. The system operates alongside and in addition to the council’s other enforcement powers in respect of hackney carriage and private hire licensing controls. The operation of the points system is not intended to fetter the council’s discretion to exercise the full range of its enforcement powers as it sees fit.

1.2 Penalty points may be awarded to licence holders for failure to comply with the council’s conditions and standards. The system may be used to issue points to licensed drivers, operators and vehicle owners. The schedule below sets out the applicable breaches for each category of licence and indicates the number of penalty points that may be awarded for failure to comply.

1.3 The penalty points system may be enforced by authorised officers of the council and police officers who are duly authorised under the Local Government (Miscellaneous Provisions) Act 1976 and Town and Police Clauses Act 1847. In addition, Police Community Support Officers and other Local Authority Officers may refer taxi misdemeanours, along with the appropriate evidence to the council’s Licensing Service which, in the council’s discretion, could result in the issuing of points. Points may be issued arising from complaints from other third parties such as members of the public. Points may also be used in lieu of a written warning, for example if an applicant’s criminal disclosure reveals matters which are not sufficiently serious to warrant regulatory sanction.

1.4 Licence holders who accumulate 12 points or more with 18 months will have their licence reviewed, which may result in temporary suspension or additional assessment and testing. Licence holders who regularly accumulate points can expect more serious consequences, such as longer periods of suspension and possible revocation of their licence.

Penalty points in operation

1.5 Penalty points may be issued immediately in the form of a Penalty Points Notice or following investigation by the Licensing Service.

1.6 Any penalty points issued will be confirmed in writing to the relevant licence holder or issued as a penalty points notice at the time of enforcement.

1.7 Penalty points will be issued depending on the points designated for that specific breach or, as appropriate, a specific number of points within the designated range (where a range is appropriate) depending on the facts and circumstances.

1.8 The council retains the discretion to issue penalty points to the driver, vehicle licence holder and operator for the same contravention if the circumstances warrant it.

1.9 Penalty points against a driver who is an employee will not necessarily result in additional imposition of points to their operator.

1.10 Points will remain on the licensee’s file for a period of 18 months from the date of issue and will operate on a rolling basis. If the licence lapses during this period, the points would be noted on the system and will generally be carried onto a new licence.

1.11 There is no financial penalty associated with the system, and the licence holder may continue to work.

1.12 For persons holding more than one vehicle licence the threshold for commencement of formal action will be increased by 4 points per vehicle licence held. For example a person holding 2 Vehicle Licences will have a threshold of 16 points or more before formal action is taken under the penalty point scheme.

1.13 If there are three repeat contraventions within a 6-month period the offender will automatically be referred to the Officer Panel.

Officer Panel Decision

1.14 Where 12 points or applicable threshold (see 1.12 above) are imposed on an individual licence in any one 18 month period, the licence holder will be interviewed by one or more officers from the Licensing Service to allow the licence holder to provide any information in response to the concerns raised.

1.15 Following the interview a report will be presented to a panel, usually comprising of 3 council officers. The panel will decide what action, if any, needs to be taken in respect of the licence. The investigating officer will not take part in the decision-making process. As a guide the panel will generally recommend one of the following:

  • Suspension of the licence for up to a maximum of three months for licence holders
  • Requirement to attend further practical assessment and / or testing
  • Longer period of suspension or revocation of the licence for licence holders who have previously been referred to the office panel or where there are significant concerns for public safety

1.16 The above recommendations do not fetter the discretion of the panel who may also decide to take no further action, to suspend the licence for any period or to revoke a licence.

1.17 Further to the serving of any suspension period, the points leading to the suspension will be removed from the licence holder’s record although details of the non-compliance resulting in the imposition of the points may be taken into consideration in the future.

1.18 The licence holder will be informed of the officer panel’s decision in writing.

1.19 The council reserves the right to suspend, revoke or refuse to renew a licence or to prosecute in appropriate circumstances and without reference to the penalty points system.

Right of Appeal

1.20 If a licence holder is not satisfied that the points attributed for an alleged breach were imposed fairly, then an appeal may be made, in writing, to the Licensing Service within 14 days of receiving a penalty points notice. No appeals will be considered outside of this time. The decision will be reviewed by a senior officer, unconnected with the original investigation, who will, taking into consideration the representations made, either uphold the issuing of the penalty points notice or dismiss it. Where multiple points have been issued the licence holder must clearly stipulate which points they wish to be reviewed. The reviewing officer will give reasons for their decision which will be notified to the licence holder. If the decision is upheld, any points will be applied from the date of issue of the original notice.

1.21 A revocation or suspension of a driver’s licence or the refusal to renew a licence can be appealed to the Magistrates’ Court within 21 days of the date that the decision is received.

Changes to the points system

1.22 The council reserves the right to make changes to the points system and, in particular, to vary the number of points which can be issued for a specified breach and to vary the list of specified breaches.

Schedule of penalty points - hackney carriage and private hire drivers

Penalty Comment Points
Failure to maintain vehicle –major defect Private Hire Driver Licence Condition/Hackney Carriage code of conduct 2.
Major defects includes MOT such as bald tyres and light(s) not working and correct licence plate not displayed.Minor defects include missing fire extinguisher or first aid kit, unclean vehicle, livery other than licence plate not displayed.
4
Failure to maintain vehicle – minor defect 2
Failure to record details of checks and inspections in vehicle record book 2
Failure to report vehicle defect to vehicle owner and operator 2
Poor conduct – major Private Hire Driver Licence Condition/Hackney Carriage code of conduct 3. For example any discriminatory behaviour, aggression, poor driving, overcharging/extending route, inappropriate behaviour/conversation with passengers, failure to provide adequate passenger assistance, obstruction of the highway or an entrance, failure to comply with parking/waiting restrictions, causing a disturbance. For more serious breaches penalty points may not be considered appropriate and other regulatory options may apply in the first instance such as prosecution, suspension and revocation. 4
Poor conduct – minor Private Hire Driver Licence Condition/Hackney Carriage code of conduct 3.
For example: unacceptable dress/hygiene, disrespectful behaviour, failure to provide receipt, driving vehicle without written permission from owner, eating/drinking/playing radio without passenger consent. For more serious breaches penalty points may not be considered appropriate and other regulatory options may apply in the first instance such as prosecution, suspension and revocation.
2
Obstructing taximeter from customer view or cancelling fare before customer has had opportunity to view Private Hire Driver Licence Condition/Hackney Carriage code of conduct 4.
All journeys in a hackney carriage taxi vehicle must be charged based on a running taximeter calibrated to the latest tariff.
2
Tampering with taxi meter (missing seals) or driving with faulty taximeter Private Hire Driver Licence Condition/Hackney Carriage code of conduct 4.
All journeys in a hackney carriage taxi vehicle must be charged based on a running taximeter calibrated to the latest tariff.
6
Charging more than agreed fare or metered fare if no prior fare agreed (private hire). 6
Failure to operate the taximeter from commencement of the journey and charging more than the fixed charge for hire of Hackney carriages 6
Hackney Carriage vehicle not displaying the tariff from within the vehicle 2
Failure to report an accident to the Licensing Authority within 72 hours. Private Hire Driver Licence Condition/Hackney Carriage code of conduct 5. 4
Failure of a Hackney Carriage / Private Hire Driver to wear driver’s badge or report badge lost or stolen Private Hire Driver Licence Condition/Hackney Carriage code of conduct 6 4
Carrying additional passengers without consent of the hirer Private Hire Driver Licence Condition/Hackney Carriage code of conduct 7 4
Failing to comply with a reasonable request to carry an animal belonging to a passenger Private Hire Driver Licence Condition/Hackney Carriage code of conduct 8. If the request relates to a passenger assistance dog recognised under the Equalities Act 2010 a more serious sanction will be applied 2
Failure to notify the Licensing Authority within 7 days of starting/ending work with an operator Private Hire Driver Licence Condition/Hackney Carriage code of conduct 9 2
Failing to give a copy of the driver’s licence to vehicle licence holder and operator Private Hire Driver Licence Condition/Hackney Carriage code of conduct 10 2
Failure to provide a copy of the vehicle insurance to an authorised officer on request Private Hire Driver Licence Condition/Hackney Carriage code of conduct 11 4
Failure to hand in lost property to the operator within 48 hours Private Hire Driver Licence Condition/Hackney Carriage code of conduct 12 2
Obstructing an authorised officer or police from inspecting a vehicle Private Hire Driver Licence Condition/Hackney Carriage code of conduct 13 6
Failure to provide DVLA licence, check code or taxi/private hire driver’s licence within 5 working days of a request Private Hire Driver Licence Condition/Hackney Carriage code of conduct 13 4
Failure to notify the Licensing Authority with 5 working days of a change to medical condition that may affect driving Private Hire Driver Licence Condition/Hackney Carriage code of conduct 14 4
Failure to notify the Licensing Authority of arrest, charge, caution, criminal conviction, FPN within 48 hours Private Hire Driver Licence Condition/Hackney Carriage code of conduct 15.
In circumstances where the licence is not revoked in line with the “Fit and Proper Test”
4
Failure to disclose requested historical information on application for licence Policy Sections 3, “Hackney Carriage / Private Hire Driver Licence” and appendix 4, “Unacceptable Behaviour Policy” All applicants are required to supply information relating to historical criminal behaviour as specified on the application form. This includes convictions and also matters that on the balance of probability amount to criminal behaviour but which have not resulted in a conviction. This may include Fixed Penalty Notices (FPNs) Penalty Notices for Disorder (PNDs), cautions and community resolutions. Applicants are also required to disclose whether they have ever had a licence application refused or revoked by any licensing authority. Generally failure to disclose requested historical information will be considered an act of dishonesty and applications will be refused or licences revoked where this has found to have occurred. Points will issued as an alternative in exceptional circumstances. 6
Failure to notify the
Licensing Authority of change of address within 7days
Private Hire Driver Licence Condition/Hackney Carriage code of conduct 16 4

Hackney carriage and private hire vehicle licence holders

Penalty Comment
Failure to maintain vehicle – major defect. This includes items likely to fail a MOT
such as bald tyres and light(s) not working
Hackney Carriage and Private Hire Vehicle Licence Condition 3 4
Failure to maintain vehicle – minor defect. For example missing fire extinguisher, first aid kit, spare wheel/manufacturer’s alterative; unclean vehicle 2
Failure to mount taximeter
appropriately
Hackney Carriage and Private Hire Vehicle Licence Condition 4 4
Failure to set hackney carriage meter to the fare levels approved by the Licensing Authority 4
Failure to display a table of fares in the vehicle where it can easily be seen by passengers 2
Tampering with taxi meter, including seals, without reasonable excuse 6
Failure to report damage to the Licensing Authority within 72 hours Hackney Carriage and Private Hire Vehicle Licence Condition 5 4
Failure to make licensed vehicle available for inspection or confirm location of vehicle to police officer or authorised officer Hackney Carriage and Private Hire Vehicle Licence Condition 6 6
Failure to display licence plate, door signs, window badge or any other livery required Hackney Carriage and Private Hire Vehicle Licence Condition 7 and 8 4
Displaying advertisements and roof signs without consent Hackney Carriage and Private Hire Vehicle Licence Condition 9 2
Failure to provide a copy of the private hire driver’s licence of any authorised drivers of the vehicle to an authorised officer on request Hackney Carriage and Private Hire Vehicle Licence Condition 10 4
Allowing a driver who has not completed an approved Passenger Assistance Training Course to drive licensed Wheelchair Accessible Vehicle. Hackney Carriage and Private Hire Vehicle Licence Condition 10 4
Failure to notify the Licensing Authority within 7 days of any driver being employed or granted permission to drive the vehicle 2
Failure to notify the Licensing Authority within 7 days of any complaint received by the vehicle licence holder relating to the driver 2
Failure to notify the Licensing Authority within 7 days of any change to the operator who operates the vehicle Hackney Carriage and Private Hire Vehicle Licence Condition 11 2
Failure to notify the licensing authority in writing of any transfer on interest in the vehicle Hackney Carriage and Private Hire Vehicle Licence Condition 12 2
Failure to return licence plates and licences before selling or transferring a licensed vehicle 4
Failure to produce the current insurance certificate for the vehicle to a police officer or authorised officer on request Hackney Carriage and Private Hire Vehicle Licence Condition 13 6
Failure to notify the Licensing Authority of arrest, charge, caution, criminal conviction, FPN within 48 hours Hackney Carriage and Private Hire Vehicle Licence Condition 14 4
Failure to maintain a vehicle record book Hackney Carriage and Private Hire Vehicle Licence Condition 16 2
Failure to notify Licensing Authority of a change of address within 7 days Hackney Carriage and Private Hire Vehicle Licence Condition 16 4
Failure to disclose requested historical information on application for licence Policy Sections 4, “Hackney Carriage / Private Hire Vehicle Licence” and appendix 4, “Unacceptable Behaviour Policy”
All applicants are required to supply information relating to historical criminal behaviour as specified on the application form. This includes convictions and also matters that on the balance of probability amount to criminal behaviour but which have not resulted in a conviction. This may include Fixed Penalty Notices (FPNs) Penalty Notices for Disorder (PNDs), cautions and community resolutions. Applicants are also required to disclose whether they have ever had a licence application refused or revoked by any licensing authority. Generally failure to disclose requested historical information will be considered an act of dishonesty and applications will be refused or licences revoked where this has found to have occurred. Points will issued as an alternative in exceptional circumstances.
6

Private hire operators

Penalty Comment Points
Failure to provide Nominated Person aware of licence conditions Private Hire Vehicle Operator Licence condition 2 4
Failure to maintain accurate records of Nominated Persons Private Hire Vehicle Operator Licence condition 3 4
Failure to provide appropriate standard of service Private Hire Vehicle Operator Licence condition 4. Includes ensuring passengers are collected and delivered as agreed, passenger information is kept safe, passenger waiting areas are adequate, facilities and equipment is maintained, appropriate complaints procedure, ex-offenders employment policy and basic DBS checks on staff, prevention of disturbance, agreement of fares with passengers, driver and vehicle authorisations in place, drivers of WAVs appropriately qualified, hirers informed if a PSV is dispatched and driver may not be enhanced DBS checked, ensure vehicles comply with licence conditions and drivers are aware of those conditions. 4
Operating more vehicles than specified on the licence Private Hire Vehicle Operator Licence condition 5 4
Failure to maintain accurate records of Drivers Private Hire Vehicle Operator Licence condition 6 4
Failure to maintain accurate records of Staff Private Hire Vehicle Operator Licence condition 7 4
Failure to maintain adequate Booking Records Private Hire Vehicle Operator Licence condition 8 4
Failure to maintain adequate Vehicle records Private Hire Vehicle Operator Licence condition 9 4
Using a trading name which has not been authorised Private Hire Vehicle Operator Licence condition 10 4
Failure to maintain adequate Record of complaint Private Hire Vehicle Operator Licence condition 11 4
Failure to maintain copies of insurance document for vehicles. Private Hire Vehicle Operator Licence condition 12. An operator who allows a vehicle to be used that is not adequately insured is likely to be subject to a more serious sanction 4
Failure to display table of fares in vehicles and in operating centres Private Hire Vehicle Operator Licence condition 13 4
Using a new operating centre without written approval from an authorised officer Private Hire Vehicle Operator Licence condition 14 4
Failure of licence holder to notify the Licensing Authority of a change to home address within 7 days. Private Hire Vehicle Operator Licence condition 15 4
Failure of licence holder to notify the Licensing Authority of a change to Company Directors within 7 days Private Hire Vehicle Operator Licence condition 16. New Company Directors are required to submit an application for a Basic DBS disclosure certificate, attend safeguard training and undertake a knowledge assessment – failure to meet this requirement may result in a more serious sanction such as licence suspension. 4
Failure to notify the Licensing Authority of arrest, charge, caution, criminal conviction, FPN within 48 hours Private Hire Vehicle Operator Licence condition 17. Licence Holders are required to produce a Basic DBS disclosure certificate on an annual basis - failure to meet this requirement may result in a more serious sanction such as licence suspension. 6
Failure to provide information within 7 days of a specified event Private Hire Vehicle Operator Licence condition 18.
Specified events include: any change in the information provided in the original application or subsequent variation application, if a driver ceases to be available due to the driver’s conduct, a vehicle ceases to be available due to unsatisfactory condition, details of any complaints received.
4
Failure to provide records or information in relation to a specified event Private Hire Vehicle Operator Licence condition 18 4
Failure to display licence or make licence conditions available at the operating centre Private Hire Vehicle Operator Licence condition 19 4
Failure to disclose requested historical information on application for licence Policy Sections 5, “Private Hire Operator Licence” and appendix 4, “Unacceptable Behaviour Policy”. All applicants are required to supply information relating to historical criminal behaviour as specified on the application form. This includes convictions and also matters that on the balance of probability amount to criminal behaviour but which have not resulted in a conviction. This may include Fixed Penalty Notices (FPNs) Penalty Notices for Disorder (PNDs), cautions and community resolutions. Applicants are also required to disclose whether they have ever had a licence application refused or revoked by any licensing authority. Generally failure to disclose requested historical information will be considered an act of dishonesty and applications will be refused or licences revoked where this
has found to have occurred. Points will issued as an alternative in exceptional circumstances
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Appendix 6 - licensing enforcement policy

The Licensing Service performs a range of licensing and registration duties as required by legislation or as a matter of council policy. The council will strive to ensure that the vulnerable are protected in a healthy environment as outlined in its Corporate Plan.

The underlying principle of the licensing regime is public protection.

The purpose of this Policy is to set out the steps officers will take when considering what, if any, action is necessary where possible offences or non-conformities are identified whilst carrying out their duties.

In carrying out its functions, the Licensing Authority will act with impartially and be objective, consistent and recognise the rights of individuals. In carrying out their duties all officers will have regard to this policy along with the council’s Enforcement Policy for Regulatory functions and the Regulator’s Compliance Code and the Enforcement Concordat. The aim of these documents is to make enforcement transparent and to ensure it is carried out in an equitable, practical and consistent manner.

The policy will be kept under review and revised periodically as appropriate.

Enforcement concordat and the regulators code

Proportionality - action taken by enforcing authorities should proportionally reflect any risks, and the seriousness of any breach which will include consideration of the financial implications of any request.

Consistency - a similar approach should be taken in similar circumstances to achieve similar results, although it does not necessarily mean uniformity. Due regard shall be had to codes of practice and the activities of other councils to achieve consistency.

Openness - customers should be helped by officers to understand what is expected of them and what they should expect from officers. Customers should be clearly informed of the difference between statutory requirements and advice/guidance/informal requests. Information will be provided in plain language and officers will be open about how they set about their work, including any charges.

Helpfulness - officers will provide a courteous and efficient service, properly identifying themselves at all times. Performance standards and the level of service customers should expect shall be made freely available.

Complaints about Service - The council’s complaints procedure shall be easily accessible and this, and any right of appeal, shall be explained to customers when appropriate.

Appointment and authorisation of officers

Officers are authorised depending upon qualification, experience and competency. The level of authorisation of officers is set out in the relevant internal scheme of delegation which stems from the council’s Constitution.

Officers carry identity cards at all times when on duty and these should be shown to any customer on request.

Procedure

There are a number of options that will be considered in respect of one of the following:

a) matters that have been identified during the application process which cause concern regarding the fit and proper person test

b) a complaint is received

c) unlicensed activity is suspected

d) the Licensee has not complied with the conditions of a licence or byelaw made by the council

e) an officer has identified that a possible criminal offence has been committed

In the first instance, the applicant / licensee will generally be contacted by telephone to arrange for them to attend an informal interview at the council offices at a mutually convenient date and time so that the matter can be discussed.

Informal interviews with drivers and or applicants will be recorded on disk/tape to ensure that there is an accurate record of the meeting.

Where a criminal offence is suspected, the suspect will be formally invited to attend an interview under caution at the council offices.

Following the interview an investigation will be carried out, taking into account any relevant information, and a decision will be made as to the most appropriate action to be taken.

Enforcement options

The council defines “Informal Action” as the retention of information on council records with no further steps taken in respect of a licensee/applicant. The council defines “Formal Action” as action against a licensee or applicant where there is a statutory right of appeal.

  1. Informal action

(i) Warning as to future conduct – formal notice issued when concerns have been raised in respect of a specific matter and which will usually remain on file during the currency of any licence or application

(ii) An advisory notice – written confirmation of the matter investigated where no formal action is required but a record of the matter is to be retained on file

(iii) Formal warning – written notice where a breach of licence conditions has been identified and which will be retained on file

(iv) Final warning – written notice where a breach of licence conditions has been identified and further breach of which is likely to result in suspension or revocation of the licence

(v) Imposition of penalty points under the council’s Penalty Points Policy (see Appendix 5)

Circumstances where informal action is considered appropriate may include but is not limited to the following:

  • the breach is not of a serious nature
  • there is no significant risk to the health or safety of any person
  • there is no previous history of non-compliance
  • there is no independent evidence to support the matter under consideration
  • the breach was as a result of a genuine mistake or misunderstanding.

Where action has been taken in accordance with (i) to (v) above the recipient of the notice will be advised of their right to appeal in writing within 14 days of the date of the notice to the Head of Licensing, Buckinghamshire Council, The Gateway, Gatehouse Road, Aylesbury, Bucks, HP19 8FF.

  1. Formal Action

Revocation/Refusal of current/future licence/application or restriction of such licence by imposition of conditions or suspension of a licence.

Where the council has granted a licence, previous informal action recorded on file may be taken into account in deciding whether to revoke a licence, refuse a further application or impose conditions on future licences.

Where the council is considering such steps, the licensee/applicant will be given notice of the course of action being considered and given the opportunity to respond at a formal interview to be held at council offices or alternatively in writing.

Circumstances where the council may consider such action include but are not limited to the following:

  • there has been or is a significant contravention of the legislation
  • there has been or is a significant risk to the health or safety of any person
  • there is a lack of confidence in an informal approach being positively responded to or such an approach has already failed
  • there is a history of non-compliance or offences

In cases where prosecution is under consideration, a file containing all the relevant evidence and information will be submitted by the Licensing Service to the District Solicitor for a decision to be made in accordance with the Code of Crown Prosecutors.

Should the council depart from this policy, in exceptional circumstances, the reasons will be recorded.

Appendix 7 - advertising policy for private hire vehicles

Signs, Notices and Advertisements etc.

(1) No signs, notices, advertisements, marks, numbers, letters, figures, symbols, emblems or devices whatsoever shall be displayed on, in or from the vehicle except as required by any statutory provision or in conformity with the following conditions and with written approval of Buckinghamshire Council. Prior to approval being given an application must be made in writing to the council giving the plate number of the vehicle on which the advertisement is proposed to be displayed, plus the name and address of the applicant, details of the position, colour, size, subject-matter, wording proposed and any other information that the council may require.

i. No advertisement shall exceed 510mm x 297mm in size. Any advertisement must appear in landscape form.

ii. Any company name and/or telephone number appearing on any advertisement must have been previously authorised by the Council in writing. Any use of the words “Taxi” and/or “Cab”, or any other word or combination of letters which when pronounced would sound similar, is strictly prohibited.

iii. Roof signs of any description are strictly prohibited.

iv. No advertisements shall be placed anywhere on or in the vehicle other than the vehicle’s rear passenger doors or rear panels. Advertisements must not be placed on rear tailgates/doors.

v. Any advertisement appearing on the outside of the vehicle must be of such form as not to become easily soiled, defaced or detached.

vi. Any material and/or adhesive used in the manufacture, and for the purpose of, affixing any advertisement to any part of the vehicle must not be inflammable.

vii. Any advertisement appearing in or on the vehicle must be legal, honest, decent and truthful within the standards laid down by the British Advertising Standards Authority or any public body succeeding to it.

(2) Commercial advertisements

Commercial advertising for any company, body or corporate entity other than the operating company is strictly prohibited.

Appendix 8 - CCTV guidelines for licensed vehicles

The council recognises that Electronic Surveillance Technology (which includes CCTV) can help provide a safer environment for the benefit of both the driver and passenger.

The council does not currently require CCTV to be installed in licensed vehicles but, if you decide to install CCTV in your licensed vehicle, please let us know as we will keep a record of all vehicles with CCTV and ask that you provide details of the system you intend to install. The council does not specify conditions, recommend any particular system or contribute to the cost of the system.

If you install CCTV into your vehicle, you must register with the Information Commissioners Officer (ICO) as a “data controller”. There is a fee to pay to register with the ICO. Anybody registered with the ICO as a data controller must ensure that they are aware of their responsibilities under data protection legislation, including the General Data Protection Regulation (GDPR). The legislation means that you, as a data controller, must have a record of any data processing activities, a specific purpose for collecting and processing data and adequate signage. Anyone, including passengers and other drivers, who is captured by your CCTV becomes a “data subject” and any identifiable imagery is considered to be personal data. The CCTV signage in your vehicle acts as informed consent from your passenger that they agree to their personal data being collected, so you must ensure your signage reflects this. The Surveillance Camera Commissioner (SCC) is an excellent source of information for those considering installing CCTV and their free resources include best practice, signage and general guidance, as well as tools and templates. Before you install CCTV you should visit both the SCC and ICO websites.

GDPR acknowledges that CCTV in taxis is important for securing driver and passenger safety and looks to ensure that the data collected is dealt with in an appropriate way. It is important that you understand that you are responsible for any personal data you collect or process. If you do not have good data protection practices in place you may liable to a substantial fine.

For further information contact the Surveillance Camera Commissioner , the Information Commissioner’s Office, your CCTV supplier or seek your own legal advice.

Appendix 9 – national register of taxi licence refusals and revocations (NR3)

Buckinghamshire Council as licensing authority provides information to the National Register of Taxi Licence Refusals and Revocations (NR3), a mechanism for licensing authorities to share details of individuals who have had a hackney carriage or Private Hire Vehicle (PHV) licence revoked, or an application for one refused. This is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the licensing authority – that is, assessing whether an individual is a fit and proper person to hold a hackney carriage or PHV licence.

Therefore:

  • Where a hackney carriage/PHV licence is revoked, or an application for one refused, the authority will automatically record this decision on NR3
  • All applications for a new licence or licence renewal will automatically be checked on NR3. If a search of NR3 indicates a match with an applicant, the authority will seek further information about the entry on the register from the authority which recorded it. Any information received as a result of an NR3 search will only be used in respect of the specific license application and will not be retained beyond the determination of that application

The information recorded on NR3 itself will be limited to:

  • name
  • date of birth
  • address and contact details
  • national insurance number
  • driving licence number
  • decision taken
  • date of decision
  • date decision effective

Information will be retained on NR3 for a period of 25 years.

This is a mandatory part of applying for and being granted, a hackney carriage / PHV driver licence. The authority has a published policy on the approach it will take to requests by other authorities for further information about entries on NR3, and about the use it will make of any further information provided to it. You can read that policy below.

Information will be processed in accordance with the Data Protection Act (DPA) and General Data Protection Regulation (GDPR). Any searches, provision or receipt of information of or under NR3 are necessary to the authority’s statutory licensing functions of ensuring that all drivers are fit and proper to hold the applicable licence. It is not intended that any NR3 data will be transferred out of the United Kingdom.

If you wish to raise any issue related to the data protection legislation, including by relying on any of the rights afforded to data subjects under the GDPR, you can do so to the authority’s Data Protection Officer. This includes submitting a subject access request.

You always have the right to make a complaint to the Information Commissioner’s Office (ICO). Advice on how to raise a concern about handling of data can be found on the ICO’s website

Council policy in respect of requests for information, disclosure of information, and use of information as a result of an entry on NR3

In this policy, the ‘first authority’ refers to a licensing authority which made a specific entry onto the National Register of Refusals and Revocations; the ‘second authority’ refers to a licensing authority which is seeking more detailed information about the entry.

I. Overarching principles

This policy covers the use that this authority will make of the ability to access and use information contained on the National Register of Taxi Licence Revocations and Refusals (NR3). The NR3 contains information relating to any refusal to grant, or revocation of, a taxi drivers’ licence. This information is important in the context of a subsequent application to another authority for a drivers’ licence by a person who has had their licence refused or revoked in the past.

This authority has signed up to the NR3. This means that when an application for a taxi drivers’ licence is refused, or when an existing taxi drivers’ licence is revoked, that information will be placed upon the register.

Throughout this policy reference is made to ‘taxi drivers licence.’ This generic term covers a hackney carriage drivers licence, a private hire drivers licence and a combined/dual licence. When an application for a new drivers’ licence, or renewal of an existing drivers’ licence is received, this authority will make a search of the NR3. The search will only be made by an officer who has been trained in the use of the NR3 and who is acting in accordance with this policy. If details are found that appear to relate to the applicant, a request will be made to the authority that entered that information for further details.

Any information that is received from any other authority in relation to an application will only be used in relation to that application, and the determination of it, and will not be used for any other purpose. Any data that is received will only be kept for as long as is necessary in relation to the determination of that application. This will include the period of processing that application, making a decision, notifying the applicant of the outcome of that decision, and the appeal processes.

For the avoidance of doubt, any such data will be kept for a period of no more than 35 days from the date of the service of the written notification of the determination of the application.

Where an appeal to the magistrates’ court is made, the data will be retained until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court, there is a further right of appeal to the Crown Court. In these circumstances, the data will be retained for a period of no more than 35 days from the date of the decision of the magistrates’ court. If an appeal is made to the Crown Court, the data will be retained until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court or the Crown Court, it is possible to appeal the decision by way of case stated. Accordingly, the data will be retained for a period of no more than 35 days from the date of the decision of the Crown Court (if the decision was made by the magistrates’ court, the retention period has already been addressed). If an appeal by way of case stated is made, the data will be retained until all court proceedings relating to that appeal by way of case stated (which will include potential appeals to the Court of Appeal and Supreme Court) have been determined.

The data will be held securely in accordance with this authority’s general policy on the secure retention of personal data. At the end of the retention period, the data will be erased and/or destroyed in accordance with this authority’s general policy on the erasure and destruction of personal data. See the privacy policy page for further information.

II. Making a request for further information regarding an entry on NR3

When an application is made to this authority for the grant of a new, or renewal of, a taxi driver’s licence, this authority will check the NR3.

This authority will make and then retain a clear written record of every search that is made of the register. This will detail:

  • the date of the search
  • the name or names searched
  • the reason for the search (new application or renewal)
  • the results of the search; and
  • the use made of the results of the search (this information will be entered to the register at a later date).

This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years.

If this authority discovers any match (i.e. there is an entry in the register for the same name and identifying details) a request will be made to the authority that entered those details (the first authority) for further information about that entry. That request will also include details of this authority’s data protection policy in relation to the use of any data that is obtained as a result of this process.

This request will be made in writing in accordance with the form at appendix 1 of this policy. It will be posted or emailed to the contact address of the authority that entered those details (the first authority) which will be detailed in the register.

III. Responding to a request made for further information regarding an entry on NR3

When this authority receives a request for further information from another authority a clear written record will be made of the request having been received. This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years.

This authority will then determine how to respond to the request. It is not lawful to simply provide information as a blanket response to every request.

This authority will conduct a Data Protection Impact Assessment. This will consider how the other authority (the second authority) will use the data, how it will store that data to prevent unauthorised disclosure, the retention period for that data, and the mechanism for erasure or destruction of the data at the end of that period. It is expected that if the second authority has adopted a policy similar to this, that should be a reasonably straightforward process.

If this authority is satisfied that the other authority’s (the 2nd authority) data protection procedures are satisfactory, consideration will then be given as to what information will be disclosed. This will be determined by an officer who has been trained to discharge this function. Any disclosure must be considered and proportionate, taking into account the data subjects’ rights and the position and responsibilities of a taxi driver. Data is held on the NR3 register for a period of 25 years, but this authority (the 1st authority) will not disclose information relating to every entry. Each application will be considered on its own merits.

This authority will disclose information relating to a revocation or refusal to grant a drivers’ licence in accordance with the timescales contained within this council’s ‘Policy on relevance of criminal conduct & unacceptable behaviour (The fit and proper test)’. Where the reason for refusal to grant or revocation relates to a conviction (or similar as defined in the council’s policy) which is within the timescales determined in those guidelines, the information will be disclosed. Where the reason for 98 refusal to grant or revocation relates to a conviction (or similar as defined in the council’s policy) which is outside the timescales determined in those guidelines, the information will not be disclosed. However, in every case, consideration will be given to the full circumstances of the decision and there may be occasions where information is provided other than in accordance with this policy.

Any information about convictions will be shared in accordance with this policy under part 2 of scheduled 1 to the Data Protection Act (DPA) 2018; that is, the processing is necessary for reasons of substantial public interest in connection with the exercise of a function conferred on the authority by an enactment or rule of law.

The officer will record what action was taken and why. This authority will make and then retain a clear written record of every decision that is made as a result of a request from another authority. This will detail:

  • the date the request was received
  • how the data protection impact assessment was conducted and its conclusions
  • the name or names searched
  • whether any information was provided
  • if information was provided, why it was provided (and details of any further advice obtained before the decision was made)
  • if information was not provided, why it was not provided (and details of any further advice obtained before the decision was made) and
  • how and when the decision (and any information) was communicated to the requesting authority

IV. Using any information obtained as a result of a request to another authority

When this authority receives information as a result of a request that has been made to another authority, it will take that information into account when determining the application for the grant or renewal of a taxi drivers’ licence. This will be in accordance with the council’s usual process for determining applications.

This authority will make and then retain a clear written record of the use that is made of the results of the search (this information will be added to the register detailed above). Information that is received may warrant significant weight being attached to it, but it will not be the sole basis for any decision that this authority will make in relation to the application.

Appendix 10 - information disclosure form

This form is submitted following a search of the National Register of Refusals and Revocations (NR3). (For completion by requestor authority)

Name of licensing authority requesting information: ………

Requestor authority reference number: ……..

Name of licensing authority from which information is sought: ………

Name of individual in respect of whom the request is made: ……….

Decision in respect of which the request is made: Refusal / revocation

Other details for this record: …….

Address: …….

Driving licence #: ……

NI #: …….

Reference number: ……

Declaration by requesting authority:

The authority hereby confirms that this information is being sought in connection with the exercising of its statutory function to ensure that holders of taxi / PHV licences are fit and proper persons, and that 99 the processing of this data is therefore necessary in the performance of a task carried out in the public interest.

The information provided below will only be processed, used and saved by the authority in connection with this particular application and in accordance with all relevant data and privacy requirements, as previously advised by the authority to applicants for and existing holders of taxi and PHV licences, and will be retained in accordance with the Authority’s retention policy relating to the provision of such information.

To enable the authority to conduct a data protection impact assessment, details of this authority’s policy in relation to the use of information obtained as a result of this request can be accessed at https://www.aylesburyvaledc.gov.uk/section/taxi-licensing.

Signed:

Name: ……

Position: ……

Date……

(For completion by providing authority)

Further information to support the decision recorded on NR3 in respect of the above named individual:

Declaration by providing authority:

The authority hereby confirms that it has conducted a data protection impact assessment. It also confirms that the information above is accurate, and has been provided after thorough consideration by the authority as to the proportionality and lawfulness of making this disclosure. The information reflects the basis on which the decision recorded in the National Register of Refusals and Revocations was made. In the event that the authority becomes aware that this information is no longer accurate, we will advise the above named authority accordingly.

The authority also confirms that, as part of the basis for securing, retaining or applying for a taxi / PHV licence, the above named individual has been made aware of to the fact that this information will be shared, in accordance with all relevant data and privacy requirements

Signed:

Name: ……

Position: ……

Date: …….