Hackney Carriage and Private Hire Licensing Policy

12. 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
  • any council issued livery is properly displayed
  • 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; and
  • 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 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
  • any council issued livery is properly displayed
  • 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 Codes

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

Informatives (Hackney carriage drivers code of conduct)

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, which include the vehicle's current licence number, on a door either side of the vehicle. 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 (Hackney carriage and private hire vehicle licence conditions)

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/disc 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) for corporate or other business account customers who have a contract or written agreement with the licence holder; and

(b) payment is made in advance or on an account basis and not direct to the driver.

Being selective over clients, general airport runs and pre-agreeing fares does not constitute executive hire work.

  1. Any vehicle which is the subject of an exemption notice shall only be used for work of a corporate or executive nature. The vehicle shall not be used to convey children to or from schools.
  2. The vehicle shall be maintained in pristine condition with no visible defects, dents or blemishes to the external bodywork or internal trim or seating.
  3. 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.
  4. 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.
  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 or disc 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 Licence Conditions), door stickers (as required by condition 8 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
    The 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 60% 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/from whom the booking has been subcontracted

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 will have to demonstrate knowledge of the relevant licence conditions and legislation to the council's satisfaction, undertake the child sexual exploitation training and submit a DBS disclosure application 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 (Private hire vehicle operator licence conditions)

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