Hackney Carriage & Private Hire Licensing Policy - Harrogate ...
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Hackney Carriage & Private Hire
Licensing PolicyFurther information relating to this policy can be obtained from:
e-mail: taxi@harrogate.gov.uk
tel: 01423 500600
web: www.harrogate.gov.uk/taxis
Taxi Licensing
Harrogate Borough Council
Civic Centre
St Luke’s Avenue
Harrogate
HG1 2AE
1Contents
Page
Introduction
1. Powers, Duties, Implementation & Review 6-7
2. Objectives 7-8
3. Licensing Methods 8
4. Decision Making 9
5. Rights of Appeal 9-10
6. Consultation & Partnership Working 10
7. Equalities 10
Vehicles
8. Specifications/Suitability 11-13
9. Limitations on Numbers 13
10. Private Hire Vehicles 13-14
11. Hackney Carriage Vehicles (Taxis) 14
12. Accessibility 14
13. Insurance 14
14. Signage 14
15. Executive Vehicles 15
16. Stretch Limousines 16
17. Taximeter 16
18. Security Measures 16
19. Vehicle Testing / Certificate of Compliance 16-17
20. Application Procedure 18
21. Renewal of Licences 18
22. Refusal, Suspension & Revocation of a Vehicle Licence 19
23. Term of Licence 19
24. Transfer, Change of Vehicle, Etc. 19
25. Convictions 19
Drivers
26. Licences 20
27. Driving Experience 21
28. Safeguarding and Knowledge / Locality Test 21
229. Determining the Suitability of Applicants and Licensees as Drivers in Taxi &
Private Hire Licensing - Convictions and Disclosure and Barring Service Check 21-22
30. Disclosure and Barring Service Update Service 22-23
31. Applicants who have resided outside the United Kingdom 23
32. Medical Examination 23-24
33. New Applicants 24
34. Application Procedure 24-25
35. Licensed Drivers DVLA Driving Licence Records 25
36. Renewal of Licences 25
37. Term of Licence 25
38. Refusals, Suspension & Revocation of a Driver Licence 25-26
39. Referrals and Sharing Information 26
40. Optional Training 26
Private Hire Operators
41. Requirements and Obligations 27
42. Disclosure and Barring Service Checks 27
43. Bookings and Dispatch Staff 27-28
44. Conditions 28
45. Insurance 28
46. Planning Consent 28
47. Application Procedure 28-29
48. Record Keeping 29
49. Change of Home Address, Partners, Directors, Secretary or Chairman 29
50. Material Change 29
51. Business Name and Vehicle Side Plates 29
52. Renewal of Licences 29
53. Term of Licence 30
54. Refusals, Suspension & Revocation of an Operator Licence 30
Fares
55. General 31
56. Table of Fares 31
57. Receipts 31
58. Overcharging 31
3Fees
59. General 32
60. Variations to Fee Structures 32
61. Payment Refunds 32
Enforcement
62. Enforcement 32
63. Roadside Checks 32
64. Joint Working with the Police and/or DVSA 32
4Appendices
Page
Appendix 1 - Private Hire Vehicle Licence Conditions 33-36
Appendix 2 - Hackney Carriage Vehicle Licence Conditions 37-40
Appendix 3 - Hackney Carriage Byelaws 41-45
Appendix 4 - Policy for Wheelchair Accessible Vehicles 46-47
Appendix 5 - Conditions Under Which Signage on Hackney Carriage & Private 48
Hire Vehicles will be Permitted
Appendix 6 - Dual Driver’s Licence Conditions 49-51
Appendix 7 - Hackney Carriage & Private Hire Driver Training Policy 52-54
Appendix 8 - A Policy on Determining the Suitability of Applicants & Licensees
as Drivers in Taxi and Private Hire Licensing 55-63
Appendix 9 - Private Hire Vehicle Operator Licence Conditions 64-66
5Introduction
1. Powers, Duties, Implementation & Review
1.1 On 1 October 1977 Harrogate Borough Council (The council) adopted Part 2 of the Local
Government (Miscellaneous Provisions) Act 1976 (the 1976 Act). This legislation, together
with the provisions of the Town Police Clauses Act 1847 (the 1847 Act), places a duty on
the council to carry out its licensing function in respect of hackney carriage and private hire
licensing. As such the council is responsible for the licensing of private hire drivers,
vehicles and operators and hackney carriage drivers and vehicles. The council is also
responsible for the setting of Byelaws in relation to hackney carriage drivers and vehicles.
1.2 The first purpose of the Local Authority when licensing hackney carriage and private hire,
vehicles, drivers and operators is to protect the public. We expect that the public should
have reasonable access to safe and comfortable hackney carriage and private hire vehicles
because of the role that they play in the local transport system.
1.3 We recognise and welcome the important contribution that the hackney carriage and
private hire trade makes to the local transport system within the authority area.
a) They provide a flexible form of public transport, providing a service in situations where
other forms of transport are not available (rural areas and late evenings).
b) They can play an increasingly important role in improving accessibility to those with a
range of impairments such as mental health conditions, sensory impairments and
dementia as well as physical disabilities in accessing services, communicating and
travelling independently. The value of a high quality experience can have an impact on
the confidence of passengers and their ability to carry out daily activities.
c) They are also used by all social groups.
1.4 This document sets out the policy that the council will apply when making decisions about
new applications and licences currently in force.
1.5 In formulating this policy the council has considered the advice contained in the ‘Taxi and
Private Hire Vehicle Licensing: Best Practice Guidance’ issued by the Department for
Transport (DFT), in March 2010, and the Statutory Taxi and Private Hire Vehicle Standards
issued by the DFT in July 2020.
1.6 In exercising its discretion in carrying out its regulatory functions, the council will have
regard to this policy and the objectives set out in paragraph 2.1.
1.7 Notwithstanding the existence of this policy, each application or enforcement measure will
be considered on its own merits. Where it is necessary for the council to depart from the
policy, clear and compelling reasons will be given for doing so.
1.8 This policy was considered by the Licensing Committee on 04 April 2022, and approved by
the council on 13 April 2022 and takes effect from this date. Certain provisions within the
policy will not take effect until a date specified within the schedule of implementation. In
exercising the non-executive taxi licensing functions of the Authority the relevant
Committee and Authorised Officers shall have regard to this Policy and to the standard
6conditions contained within the appendices when considering each licence application and
shall apply such conditions as they think fit in each case.
1.9 The council expect licence holders to comply with the terms of this policy immediately or,
where appropriate, from the renewal of a current licence or those timescales defined in the
implementation plan. Where it is not possible to comply with part of the policy due to an
outstanding action required by us information will be provided as to an implementation date
for that part.
1.10 The council will review this policy at least once every five years or sooner in light of any
significant changes to legislation or guidance and will consult where appropriate on
proposed revisions. The seven district council authorities and the county council local
authority (NYCC) in North Yorkshire are undergoing a review and will form a combined
authority on 1 April 2023. It is anticipated that the next review of policy will be conducted by
the new combined authority with a view to harmonisation.
2. Objectives
2.1 The council shall seek to promote the following objectives within the decision making
framework:
a) Protect the interests of the travelling public by:
i) Maintaining a professional and respected hackney carriage and private hire
trade, by ensuring that safe, clean, reliable and accessible vehicles are available
for all who require them.
ii) Ensuring that drivers of such vehicles and private hire operators are ‘fit and
proper’ persons.
b) Provide clarity and consistency to licence holders and applicants with regard to the
council’s expectations and the decision making process.
c) Provide the travelling public access to an efficient, effective and safe public transport
service in line with the objectives laid out in the Local Plan.
d) Protection of the environment by;
Collaborative working to underpin the Ultra Low Emission Vehicle Strategy which sets
out an action plan to help the uptake of electric vehicles across the district through the
provision of infrastructure and assessing opportunities to encourage the uptake of
electric powered public transport services including taxi and private hire.
Setting vehicle age and emission requirements to address vehicle emissions from the
taxi fleet, and in doing so impacting the reduction of pollution across the district and
specifically in air quality management areas.
Promoting and supporting any activities that will help reduce environment and climate
change in line with the principles of the council’s carbon reduction strategy and Air
Quality Action Plan and NYCC’s Local Transport Plan
e) To provide, maintain and encourage a professional and respected taxi and private hire
trade by the continued monitoring and improvement of standards of service.
f) Where possible, protect the interests of holders of vehicle, driver and operator licences.
72.2 This policy shall apply in respect of applications, renewals, transfers and any other related
matters connected to the following licences:
a) Hackney carriage/private hire dual drivers
b) Hackney carriage vehicle
c) Private hire vehicles
d) Private hire operators
2.3 When we deal with hackney carriage and private hire vehicle drivers, proprietors and
operators we will endeavour to be;
a) Courteous
b) Timely
c) Responsive
d) Fair
2.4 We expect all licence holders and prospective applicants to act similarly in their dealings
with us. Where licence holders and prospective applicants do not uphold the expectations
placed upon a professional licensed service, consideration will be given to suspending or
revoking their licence, or refusing their application. Such examples of unsuitable behaviour
can include, but is not limited to, licence holders who are rude and confrontational to staff;
not complying in a timely manner with reasonable requests of the council; avoiding their
responsibilities; or any example of other, similar unprofessional conduct towards the council
or others.
3. Licensing Methods
3.1 The methods we shall use are as follows:
a) Setting the standards for the licensing of drivers, vehicles and operators.
b) Annual licensing and regular inspections of vehicles, with appropriate follow up action.
c) Routine inspection of insurance policies and Certificates of compliance/MOT certificate,
with appropriate follow up action.
d) Checks on driver’s medical health, driving ability, criminal records, tax checks and the
right to work.
e) Making sure drivers are adequately trained on matters such as safeguarding, disability
awareness and knowledge of the borough.
f) Investigate complaints and take action in line with the Safer Communities enforcement
policy.
g) Liaison with the Police and other agencies regarding issues of mutual concern in
relation to offences or the conduct of licence holders.
h) Liaison with the hackney carriage and private hire trade as and when required.
i) Taking enforcement and/or disciplinary action including the issuing of prosecution
proceedings, verbal and written warnings, simple cautions, suspension or revocation of
licences for breaches of legislation or conditions in line with the Safer Communities
enforcement policy.
j) Conditions added to licences.
k) The issuing of guidance notes.
84. Decision Making
4.1 The Licensing Committee has been established by the council, and part of its remit is for
the committee to make recommendations to full council with regards to policy matters
relating to hackney carriage and private hire licensing. A Licensing Sub Committee (three
Members) of this committee will be established if required, and if it is in the public interest
to do so, to determine to:
Refuse an application for the grant or renewal of a hackney carriage or private hire
vehicle licence
Refuse an application for the grant or renewal of a dual drivers licence
Refuse an application for the grant or renewal of a private hire operator’s licence
Suspend or revoke a hackney carriage or private hire vehicle licence
Suspend or revoke a dual drivers licence
Suspend or revoke a private hire operator’s licence
4.2 Authorised officers within Taxi licensing have delegated powers to:
Refuse an application for the grant or renewal of a hackney carriage or private hire
vehicle licence
Refuse an application for the grant or renewal of a dual drivers licence
Refuse an application for the grant or renewal of a private hire operator’s licence
Suspend or revoke a hackney carriage or private hire vehicle licence
Suspend or revoke a dual drivers licence
Suspend or revoke a private hire operator’s licence
4.3 A decision to refuse to grant, refuse to renew, suspend or revoke a vehicle licence will be
taken if the vehicle is not considered to be fit, for example:
vehicle fails an inspection
vehicle fails to attend an inspection
vehicle no longer complies with the vehicle licence conditions
required documentation relating to the vehicle is not submitted when requested, for
example insurance or compliance certificate
the vehicle has been involved in an accident and is no longer considered road worthy
4.4 A decision to refuse to grant, refuse to renew, suspend or revoke a drivers licence will be
taken if the applicant or licensed driver is not considered to be a fit and proper person to
hold a licence.
4.5 A decision to refuse to grant, refuse to renew, suspend or revoke an operator’s licence will
be taken if the applicant or licensed operator is not considered to be a fit and proper person
to hold a licence.
5. Rights of Appeal
5.1 Following a decision to;
refuse to grant
refuse to renew
9 suspend
revoke
a licence, the applicant or licence holder has the right to appeal to the relevant court.
5.2 A licence holder has the right to appeal any conditions placed on a licence.
5.3 An appeal must be lodged with the appropriate Court within 21 days of the decision.
6. Consultation & Partnership Working
6.1 In preparing this policy we have consulted with the following agencies:
a) Licence holders
b) North Yorkshire Police
c) Equality groups
d) Disability groups
e) Highways Authority
f) School Transport Division, NYCC
g) Safeguarding Children’s Board
h) Other council departments
i) Service Users
6.2 To promote the policy objectives we will work in partnership with the agencies detailed
above, along with other agencies such as:
a) Driver and Vehicle Standards Agency (DVSA)
b) HM Revenue and Customs
c) Department of Works and Pensions
d) Home Office Immigration Services
7. Equalities
7.1 The council is committed to ensuring equality in employment and service delivery. To
achieve this the council is aware of its duties under the following legislation:
a) Equality Act 2010
b) Human Rights Act 1998
10Vehicles
A licensed vehicle is always a licensed vehicle and cannot be driven by anyone other than a
Hackney Carriage and/or Private Hire Vehicle licensed driver.
8. Specifications/Suitability
8.1 The DFT Best Practice Guidance suggests that local licensing authorities should adopt the
principle of specifying as many different types of vehicle as possible. They are, however,
encouraged to make use of the ‘type approved’ rules within any specifications they
determine.
8.2 We accept that there are a wide range of vehicles available that are suitable for use as a
hackney carriage or private hire vehicle. In accordance with Best Practice Guidance, all
vehicles therefore shall have an appropriate ‘type approval’ which is either:
a) European Community Whole Vehicle Type Approval;
b) British National Type Approval; or
c) British Single Vehicle Approval (SVA) or subsequent and Individual Vehicle Approval
(IVA)
8.3 As a guide, most large volume production vehicles produced in the UK and EU States after
1987 will satisfy British and/or European Whole Type Approval. Specialist vehicles or any
vehicle that has been structurally modified, converted or imported from a non-EU State
since its original manufacture will require separate ITA and /or DFT Approval and such
documentation must be submitted with an application.
8.4 Vehicles will be licensed for the carriage of not more than eight passengers.
8.5 A vehicle will not normally be granted a licence if it has sustained accident damage. Right
off categories A, B and S will not be licensed. Consideration will be given to licensing
repaired category N vehicles. Please see the consumer guide - GOV.UK (www.gov.uk)
8.6 The suitability of a vehicle is determined by the mechanical and general condition of the
vehicle.
8.7 In the case of first applications for a vehicle licence the vehicle must be under five years of
age from the date of first registration, and not more than nine years in the case of any
subsequent application for renewal of licence.
8.8 In the case of first application for a vehicle licence, for a council approved wheelchair
accessible vehicle, the vehicle must be under five years of age from the date of first
registration, and not more than 12 years in the case of any subsequent application for
renewal of licence.
8.9 The age of the vehicle is as specified in the vehicle registration document.
8.10 The maximum age limit for licensing a vehicle (or extending its life) may only be exceeded
if the vehicle is presented in exceptional condition to a Licensing Sub-Committee.
118.11 In the Harrogate district vehicle exhaust emissions are a principal source of air pollution at
a number of locations. This has resulted in the declaration of four Air Quality Management
Areas at Low and High Skellgate, Ripon, York Place and Bond End Knaresborough and
Wetherby Road, Harrogate. The council’s Air Quality Action Plan sets out measures that
are to be taken in order to reduce emissions and improve air quality. It is therefore
important to set standards which make improvements to air quality and that are common to
all within the taxi fleet, to ensure consistency and a level playing field for proprietors,
operators and drivers. The age of vehicles and the exhaust emission specification are
critical to the level of pollutants emitted. Consequently, to improve air quality and reduce
emissions from the licensed fleet, the following standards relating to the exhaust emissions
will apply in addition to the requirements regarding the age of vehicles.
8.12 In terms of expected emission standards all licensed vehicles which are submitted for:
Licensing for the first time from 1st April 2022 (or date policy effective) and all renewal
applications from 1 January 2025, must meet or exceed Euro 6 emission standards (Euro 6
compliant being registered from 1 September 2015).
From 1 January 2030 we will only licence hackney carriage and private hire vehicles (new
and renewal) which are Ultra Low Emission Vehicles (ULEV), as defined by the Vehicle
Certification Agency or any successor organisation.
8.13 Any vehicle with a “Q” registration will not be licensed if in excess of five years old from the
date of manufacture. Where the age of a “Q” registered vehicle is not identifiable the age
will be calculated as three years old at the date of “Q” registrations in line with the policy of
the Driver and Vehicle Licensing Agency (DVLA).
8.14 Left-hand drive vehicles will not normally be licensed.
8.15 A vehicle will not normally be licensed if it requires any passenger to move any seat to
enter or egress from any seat they may occupy, or that would require them to climb over
any seats or luggage in the vehicle.
8.16 The licensed vehicle shall be of a sufficient size to comfortably accommodate the number
of passengers the vehicle is licensed to carry, (the minimum number being 4), and have a
rear seat width not less than 48 inches being clear of any obstruction such as handles or
arm rests.
8.17 A certificate of fitness, as well as any other certification required by law, must be presented
before a vehicle that has been converted to liquefied petroleum gas will be licensed.
Permission shall be obtained from us, in writing, prior to a licensed vehicle being converted
to gas.
8.18 Vehicles must carry a spare wheel and the tools required to undertake a change of wheel.
Exemption from this requirement will be granted under the following circumstances:
a) The use, in emergency only, of a space-saver tyre, run flat tyres (when punctured) or
puncture repair kit for all vehicles that are manufactured and delivered with such tyres
or kits as standard.
b) That in the event of a space-saver tyre, run flat tyres (when punctured) or puncture
repair kit being used, it is only to complete a fare and must comply precisely with the
12manufacturers’ recommendations. Any such defective wheel should be replaced before
taking another fare to ensure passenger safety.
c) In cases where a rear loading wheelchair accessible conversion or a LPG conversion
where the tank occupies the usual site of the spare wheel, is considered suitable, the
vehicle should be exempt from the requirement to carry a spare wheel matching those
fitted to the vehicle. This would be subject to the vehicle meeting the luggage criteria
and being approved by the specialist converters. In these instances an alternative
space saver type or puncture repair kit must be carried on the vehicle for emergencies.
9. Limitations on Numbers
9.1 No powers exist for the licensing authority to limit the number of private hire vehicles that
they licence.
9.2 The current legal provision on quantity restrictions for hackney carriages is set out in
section 16 of the Transport Act 1985. This provides ‘that the grant of a licence may be
refused for the purpose of limiting the number of hackney carriages in respect of which
licences are granted, if, but only if, the person authorised to grant the licences is satisfied
that there is no significant demand for the services of hackney carriages (within the area to
which the licence would apply) which is unmet’.
9.3 The council does not restrict the number of hackney carriage licences issued, but any new
licences will only be issued to wheelchair accessible vehicles (WAV).
10. Private Hire Vehicles
10.1 A private hire vehicle is a motor vehicle constructed or adapted to seat no more than eight
passengers which is provided for hire with the services of a driver for the purpose of
carrying passengers. Every hiring of a private hire vehicle must be pre-booked through a
licensed private hire operator. Any vehicle used as a private hire vehicle must be licensed
under the provisions of the 1976 Act.
10.2 Before granting a private hire vehicle licence we must be satisfied that the vehicle meets
the following criteria:
a) Is suitable in type, size and design for use as a private hire vehicle.
b) Is not of such design and appearance as to lead any person to believe that the vehicle
is a hackney carriage.
c) Is in a suitable mechanical condition.
d) Is safe.
e) Is comfortable.
10.3 Conditions may be attached to the grant of a licence as are considered reasonably
necessary.
10.4 In addition to the legislative requirements the council has approved conditions relating to
the specifications of the vehicle and other matters. Standard conditions are attached at
Appendix 1.
10.5 General conditions are also attached to private hire vehicles licences relating to the
13identifications of the vehicle, (including door signs and artwork) and safety issues. These
are attached at Appendix 1.
11. Hackney Carriage Vehicles (Taxis)
11.1 A taxi is a wheeled vehicle used in standing or plying for hire that is required to have a
numbered plate fixed upon it. The legal definition of a hackney carriage is contained in the
Town Police Clauses Act 1847.
11.2 A taxi can ply for hire and also wait at a taxi stand (rank).
11.3 Conditions can be imposed upon the grant of a taxi proprietor’s licence and the council has
Byelaws to control the conduct of both the proprietors and the drivers. Standard conditions
and Byelaws are attached at Appendices 2 and 3.
11.4 The maximum overall length of any vehicle licensed as a hackney carriage must not
exceed 5.0 metres (5.2 metres for a WAV hackney carriage).
12. Accessibility
12.1 Taxis and private hire vehicles are an essential mode of transport for many disabled and
older people. The combination of the personal service they offer, their wide availability and
door to door operations enable them to respond particularly well to the travelling needs of
people with disabilities.
12.2 The council has determined that new hackney carriage vehicle licences will only be granted
to WAV. The policy for WAV is in Appendix 4.
12.3 The council expects that private hire operators understand the importance of having WAV
as part of their fleet which are available to be booked 24/7 and this is a requirement under
the conditions attached to WAV.
13. Insurance
13.1 All vehicles must have a current valid policy of insurance at all times appropriate to the
vehicle. The original documentation must be provided by the proprietor (scanned or photo
copies will not be acceptable). Alternatively the documentation must be provided to us
directly from the insurer or their broker.
13.2 It is an offence to drive a vehicle without the appropriate insurance in place. Requests to
produce insurance may be made during the term of the licence. These requests must be
complied with in accordance with the timescales stipulated in the request. Failure to
comply with a request could lead to the vehicle licence being suspended or revoked.
14. Signage
14.1 Where vehicle licence conditions permit, vehicles licence holders may place advertising
material in or on their vehicle in accordance with their licence conditions. Approval must
first be sought from the Taxi Licensing Office. Conditions under which signage (including
advertising) on vehicles will be permitted are attached at Appendix 5.
1415. Executive Vehicles
15.1 The issues around the operating of a business involving executive vehicles has the same
business, legal and public safety principles as other areas of hackney carriage and private
hire licensing administered by the council, with public safety being paramount.
15.2 This policy sets out our requirements with regards to the operators of executive private hire
vehicles who wish to apply for or already hold an exemption with regards to the displaying
of licence plates and signage.
15.3 Operators who wish to use their vehicle for executive contract hire work only can apply to
licence their vehicle as executive private hire and complete the prescribed application form
requesting an exemption from the requirements of having to display the front and rear
licence plates and the door signage. Each application will be considered on its own merit.
15.4 Each new application will require submission of 3 expressions of interest from potential
clients for use as an executive private hire vehicle giving full reasons why a vehicle that
doesn’t display standard private hire door and rear plates is required.
15.5 Our decision to refuse to grant an exemption is final and there is no statutory right of
appeal.
15.6 An exemption from displaying licence plates and signage is a privilege rather than a right
and the benefit of the exemption will be granted at our discretion. We have the power to
withdraw the exemption if the related conditions are not adhered to.
15.7 The following conditions must be followed at all times
a) The vehicle will be in immaculate condition with no visible defects, dents or
blemishes to the external bodywork or internal trim.
b) The service provided must only be for executives and other VIPs,
c) No meter or data head shall be fitted to the vehicle.
d) There must be a written contract in place from any hirer wishing to employ the
services of an executive private hire vehicle. Such contracts must be in place for no
less than 24 hours prior to the commencement of the journey and the work must be
of an executive nature.
e) It is expected that the operator will have made reasonable enquiries with the hirer
and keep a written record for a period of 36 months as to why a vehicle with an
exemption to display door and rear plates is required for the booking(s).
f) Vehicles with an exemption from displaying door and rear plates may not undertake
standard private hire work (inclusive of schools contracts).
g) The driver must follow a formal dress code, suit or smart jacket and trousers and
collared shirt. The suit jacket may be removed in warmer weather.
h) There should be a copy of the executive private hire licence in the vehicle at all times.
i) No advertising or identification (including company logos) may be displayed on or in
the vehicle at any time.
j) No fare will be payable in the vehicle. The hirer will be invoiced separately for the
pre-agreed fare.
k) Other standard private hire operator conditions apply.
1516. Stretch Limousines and Special Event Vehicles
16.1 We recognises the role of stretched limousines or special event vehicles, their use
generally includes all private hire work plus special occasions such as days at the races,
stag and hen parties and school proms. The licensing regime for executive vehicles will
apply to such vehicles.
16.2 Most stretched limousines are imported for commercial purposes and are required to have
undertaken an Individual Vehicle Approval (IVA) test. The IVA Scheme is an inspection
scheme for vehicles that are not approved to British and European Standards, and its
purpose is to ensure that the vehicle meets modern safety standards and environmental
standards before being used on public roads. When presented for IVA, the vehicle is
produced with a declaration that it will never carry more than eight passengers. The
importer must inform any person who may use it of this restriction. Any subsequent
purchasers must also be informed of the restriction.
16.3 Any stretched limousines, which are offered for private hire, and have 8 seats or less must
be licensed as Private Hire Vehicles. Applications for a licence will be treated on their
merits.
16.4 If required we will nominate a testing centre in relation to the inspection of stretched
limousines. Any costs will be borne by the applicant/licence holder.
17. Taximeters
17.1 It is a legal requirement that taximeters must be fitted within hackney carriage vehicles, but
are optional for private hire vehicles.
17.2 Taximeters must be approved by us prior to the use of the vehicle as a taxi. If required
vehicles equipped with a taximeter must submit the meter for a test by a Licensing
Enforcement Officer or the council’s approved tester.
18. Security Measures
18.1 The DFT Best Practice Guidance recommends that licensing authorities look
sympathetically on or even actively encourage the installation of security measures such as
a screen between the driver and passengers or CCTV systems as a means of providing
some protection for the driver and passengers.
18.2 If CCTV is installed within a licenced vehicle, the vehicle licence proprietor must make sure
the requirements of the Information Commissioner’s Office (ICO) and the General Data
Protection Regulation (GDPR) and the Data Protection Act 2018 are met with regards to
controlling the recordings.
19. Vehicle Testing / Certificate of Compliance
19.1 We need to be satisfied that licensed vehicles operating within its area are safe. A vehicle
cannot operate as a licensed vehicle (be available for hire) unless a current certificate of
compliance is in force.
1619.2 The main purpose of the vehicle compliance test is to ensure that it is in a road worthy
condition, and this will be in the form of an MOT standard examination conducted in
accordance with the requirements of DVSA. However it should be noted that our Testing
Standard is above that of an MOT. The remainder of the inspection is to ensure that the
vehicle is both safe and comfortable and suitable for transporting members of the public.
19.3 Licensed vehicles will have a compliance test prior to being licensed and as required by
this policy thereafter. Vehicles passing the inspection will be issued a certificate of
compliance. The vehicle licence proprietor will be notified in advance of the expiry date of
its current certificate of compliance in order to book in a test at a nominated testing centre.
19.4 The requirement for certificate of compliance (mechanical inspection) applies to all vehicles
except those new vehicles with less than 500 miles on the odometer from date of first
registration, which will be exempted for the first year from the date as verified by the vehicle
registration document. Compliance tests are required annually until the vehicle is 5 years
old, and thereafter every six months.
19.5 Authorised officers may call in the vehicle for inspection if there are grounds to suspect that
the safety or condition of the car has fallen below the required standard.
19.6 If the vehicle fails to meet the required standards the licence may be suspended or revoked
until such time that the faults are remedied. Unless exceptional circumstances apply,
failure to comply within two months will result in automatic revocation of a licence.
19.7 Any vehicle called for inspection that fails to be presented may have its licence suspended
immediately and subsequently the licence may be revoked. Proprietors whose vehicles
fails to attend the mechanical inspection may have to pay an additional fee prior to
attending an inspection.
19.8 It will be the proprietor’s responsibility to ensure that their licensed vehicle is roadworthy,
maintained to the council’s standards and fit for purposes of hire and reward at all times.
19.9 The vehicle must comply with the following:
a) Rust - Any vehicle presented should be free from visible rusting.
b) Dents - Any vehicle with minor dents on three or more panels where such dents are
more than five cms in diameter/length or a single scratch of more than 20 cms in
diameter/length, should be failed.
c) Scratches - All vehicles with unrepaired scratches down to bare metal on three or more
panels, of five cms in length, or a single scratch of more than 20 cms in length, should
be failed.
d) Paint work - All panels on all vehicles shall be uniformly painted. Panels should not be
painted in unmatched colours or in primer.
e) Vehicle door sill step height - At each passenger door the vehicle must not have a
ground to door sill step height in excess of 45cms, otherwise a step should be fitted to
the vehicle on at least one passenger door.
f) Seats - In conventional vehicles where it is intended that the licence be for four
passengers, the rear seat must be at least 48 inches (122 cm) in width. All seats shall
have a minimum of 16 inches (41cm) per person and in respect of seating comply with
17the Road Vehicle (Registration and Licensing) Regs 1971. All seats, including the
driver’s must be free from repaired cuts, tears or cigarette burns, except of a very minor
nature. Any repairs must have been carried out in a professional and neat manner.
g) Carpets/floor covering - All carpets and floor covering shall be complete and free from
cuts, tears, serious staining or soiling.
h) Headlining and other trim - All interior trim, including headlining, shall be clean,
complete, properly fitted and free from serious cuts, tears, staining or soiling.
i) Window operation - All windows that are designed to be openable should remain fully
operational at all times.
j) Boot/luggage compartment - This should be empty, except for spare wheel and
essential tools. The compartment should be clean and any covering free from major
cuts, tears or other damage or staining.
k) Interior - The interior must be kept clean, tidy and free of any litter or other rubbish.
19.10 Vehicle licence proprietors shall notify the Licensing team within 72 hours following any
accident and/or damage to the licensed vehicle. On receipt of this information the following
action may be taken:
a) The vehicle may be inspected by an authorised officer as soon as reasonably practicable, a
decision will be made as to whether or not the vehicle is in such condition to continue in
service.
b) If any damage is considered by the authorised officer to be extensive enough to affect the
safety or general appearance the authorised officer may issue a suspension notice until
such time that the faults are remedied
c) Licenses for vehicles that cannot be repaired to the standard of the compliance test within a
period of two months will be revoked.
20. Application Procedure
20.1 The application procedure for a vehicle licence is not legally prescribed, but is a matter for
each council to determine. We require an application to be made on the specified
application form available on our website.
20.2 Applications will normally be processed within 10 working days, unless it has to be
determined by a sub-committee in which case it will be determined within 28 working days.
Applications will not, however, be determined until we have received all relevant
documentation and the vehicle has passed the certificate of compliance test.
20.3 We will consider all applications on their own merits once we are satisfied that the
appropriate criteria have been met and the application form and supporting documents are
completed.
20.4 As part of the application the applicant(s) will submit a basic disclosure from the Disclosure
and Barring Service (DBS), unless they are licensed with the council as a driver.
21. Renewal of Licences
21.1 Vehicle licence proprietors will be invited to renew their licence prior to the expiry date. It is
the licence holder’s responsibility to ensure that the licence is renewed prior to its expiry.
1821.2 The renewal application and all documentation required as part of the renewal process
must be received two weeks prior to the expiry of the existing licence, to allow time for any
issues to be resolved prior to commencement of the new licence. Failure to abide by this
may result in the delay to the issuing of the new licence.
21.3 Vehicle licence proprietors will submit a basic disclosure from the DBS as part of the
vehicle licence renewal process, unless they are licensed with the council as a driver.
22. Refusal, Suspension and Revocation of a Vehicle Licence
22.1 As part of the grant or renewal process and at any time during the duration of the licence,
we can determine/review if the vehicle is considered fit to be used as a licensed hackney
carriage or private hire vehicle.
22.2 If we determine that the vehicle is not fit to be a licensed vehicle the application to grant or
renew will be refused, or the vehicle licence will be suspended or revoked.
23. Term of Licence
23.1 Vehicle licences are valid for a maximum period of one year, or for such lesser period,
specified in the licence as we think appropriate in the circumstances of the case.
24. Transfers, Change of Vehicles, Etc.
24.1 Every transfer of interest in a plate or vehicle, change of vehicles (either permanent or
temporary), change of vehicle colour, engine, signs or other variation in licensing conditions
or criteria, accident report or other reportable information which affects the conditions or
criteria upon which a licence is based must be made known to the Licensing team in writing
and/or on the correct form.
24.2 Vehicles over five years old that are currently licensed may be relicensed by another
proprietor within a period of 14 days.
25. Convictions
25.1 Licence holders shall notify us in writing within 48 hours of an arrest, release, charge or
conviction of a sexual offence, any offence involving dishonesty, violence or drugs and any
motoring offence. Licence holders shall notify us within 48 hours of any convictions
(including cautions, fines and penalty points on a DVLA driving licence) being recorded
against them or any company of which they are a secretary or director.
19Drivers
26. Licences
26.1 We issue driver’s dual licences for private hire and hackney carriage drivers. We must be
satisfied that applicants and licensed drivers are ‘fit and proper’ persons to hold such
licences.
26.2 We consider that licensed drivers are in a position of trust, and therefore we must ensure
that applicants/licence holders are and remain fit and proper to hold a licence. This
requirement is contained within Sections 51 and 59 of the Local Government
(Miscellaneous Provisions) Act 1976 (Part II). The term “Fit and Proper Person” for the
purposes of taxi and private hire licensing is not legally defined. However, in determining
whether a person is fit and proper to hold a licence, those tasked (in accordance with the
DFT Statutory Taxi and Private Hire Vehicle Standards 2020) with determining
licences/applications are effectively asking the following question of themselves:
“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?”
If the answer to the question is an unqualified ‘yes’, then the person can be considered to
be fit and proper. If there are any doubts in the minds of those who make the decision, then
further consideration should be given as to whether a licence should be granted to that
person.
26.3 Licensing authorities have to make difficult decisions as to whether a licence should be
granted (or retained) but the safeguarding of the public is paramount. All decisions on the
suitability of an applicant or licensee should be made on the balance of probabilities. This
means that an applicant or licensee will not be ‘given the benefit of the doubt’. If the
committee or delegated officer is only “50/50” as to whether the applicant or licensee is ‘fit
and proper’, they should not hold a licence.
26.4 Conditions can be imposed upon the grant or renewal of a drivers’ licence. Standard
conditions imposed upon the dual drivers licence are attached at Appendix 6.
26.5 Licences are issued subject to proof of eligibility:
a) birth certificate;
b) certificate of naturalisation – if born abroad but now a British citizen;
c) immigration status and permission to work;
d) driving licence;
e) driving assessment (by a provider approved by the council);
f) safeguarding/child sexual exploitation(CSE) training and testing (by a provider approved
by the council)
g) knowledge/locality testing (by a provider approved by the council)
h) oral and written proficiency in English
i) criminal records, DVLA and tax checks;
j) medical assessment.
2027. Driving Experience
27.1 A driver’s licence cannot be granted to anyone who has not held a full driving licence
issued in the UK, for less than 12 months.
27.2 Applicants are required to have passed the driving assessment test, and if driving a WAV,
applicants are also required to have passed the council approved wheelchair assessment.
Applicants must produce the pass certificates.
28. Safeguarding and Knowledge / Locality Training
New Driver Applicants
28.1 In order to determine the fitness of a person to hold a licence, all applicants are required to
undertake and pass training delivered by a training provider approved by us on local
knowledge, regulatory framework, professional standards, safeguarding/CSE and
equalities/disabilities.
28.2 New drivers failing the knowledge and locality test on two occasions will not be granted a
licence within the following 12 months and applicants must wait one year to be tested
again.
28.3 All applicants will also be required to pass an advanced taxi driving test and English test,
delivered by training providers approved by us.
28.4 Applicants wishing to drive a WAV will need to pass a practical wheelchair test, delivered
by training providers approved by us.
28.5 A driver licence will not be issued without the applicant first passing these training
requirements. Further information can be found at Appendix 7.
Licensed Drivers
28.6 In order to determine that a licensed driver remains a fit and proper person to hold a licence
they are required to undertake appropriate refresher training every three years, to ensure
that drivers remain up to date with current industry legislation and practice. The training will
be delivered by training providers approved by us. Further information can be found at
Appendix 7.
29. Determining the Suitability of Applicants and Licensees as Drivers in Taxi and
Private Hire Licensing – Convictions and Disclosure and Barring Service Check
29.1 Our policy with regards to ‘Determining the Suitability of Applicants and Licensees as
Drivers in Taxi and Private Hire Licensing’ can be found at Appendix 8. It will be taken into
consideration when determining the suitability of applicants and licensed drivers.
29.2 A criminal record check on a driver is an important safety measure. Enhanced Disclosure
through the Disclosure and Barring Service (DBS) is required as this disclosure includes
details of both spent convictions, police cautions and intelligence by virtue of the
21Rehabilitation of Offenders Act 1974 (Exception) Order 1977.
29.3 The Rehabilitation of Offenders Act 1974 does not apply to applicants for hackney carriage
or private hire driver licences. Applicants are required therefore to disclose all convictions,
including those that would normally be regarded as spent.
29.4 Before an initial application for a drivers’ licence will be considered, the applicant must
apply for an Enhanced Disclosure of criminal convictions through our chosen provider. The
application will not be determined until the results are received. DBS checks are not
transferable, unless they have been carried out under the correct ‘workforce’ requirement,
under the occupation as a taxi driver and are issued within six months of the licence
application being fully submitted to us.
29.5 The DBS disclosure report will be sent to the applicant’s home address. We do not receive
a copy of the disclosure report, and it is the responsibility of the applicant to produce the
disclosure report to the Licensing team, this will form part of their application.
29.6 All applicants for a new or renewed licence are required to provide details of all criminal,
motoring and licensing convictions including fixed penalties, spent convictions and
cautions.
29.7 Licensed drivers shall notify us in writing within 48 hours of an arrest, release, charge or
conviction of a sexual offence, any offence involving dishonesty, violence or drugs and any
motoring offence. This includes convictions (including cautions, fines and penalty points on
a DVLA driving licence) being recorded against them or any company of which they are a
secretary or director. On receipt of this information we may have reasonable cause to
issue a written warning, require the driver to attend a driving assessment, suspend the
licence for a specified period or revoke the licence.
29.8 Failure to declare convictions received during the lifetime of the licence could lead to the
renewal applications being refused.
30. Disclosure and Barring Service Update Service
30.1 It is a requirement that all licensed drivers subscribe to the DBS Update Service. The driver
is required to keep the Update Service updated of personal details such as a change of
name or address.
30.2 Information with regards to subscription to the Update Service will be supplied to new
applicants as part of the applications process. Applications for the grant of a drivers licence
will be refused if the applicant does not register with the Update Service.
30.3 Existing licensed drivers will be required to subscribe with the Update Service when they
are next requested to complete a criminal record check. Applications for the renewal of a
drivers licence may be refused, or a driver’s licence may be suspended or revoked, if the
licensed drivers does not subscribe to the Update Service.
30.4 Licensed drivers must have continuous registration with the Update Service to enable us to
routinely check for new information every six months. If at any point during the a driver
being licensed registration within the update service lapses the dual drivers licence will be
22suspended until successful re-registration to the update service is achieved.
31. Applicants who have resided outside the United Kingdom (UK)
31.1 In addition to an enhanced DBS Disclosure, where an applicant has worked or resided
outside of the UK for a continuous period of three or more months since the age of 18, a
criminal record check or a ‘Certificate of Good Character’* from the country/countries in
which they have previously resided must be provided in English. This may usually be
obtained from the relevant embassy. Should an applicant be unable to provide a criminal
record check, they must provide a separate signed declaration detailing the attempts made
to obtain a check. The declaration must also state whether or not they have been found
guilty or have been convicted or charged with any offence against the law in any country.
This declaration must be signed in the presence of a suitably qualified lawyer and be duly
countersigned.
* For Home Office guidance on Certificate of Good Character -
www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants
Where an individual is aware that they have committed an offence overseas which may be
equivalent to those listed in the Table A of Appendix 8 to this document, they are advised to
seek independent expert or legal advice to ensure that they provide information that is
truthful and accurate. This must be provided in English.
32. Medical Examination
32.1 Under Section 57 of the 1976 Act we require an applicant for a dual drivers’ licence to
produce a certificate signed by their own registered medical practitioner to demonstrate that
they are medically fit to be a driver of such a vehicle. We require the medical certificate
upon an initial application for a licence. If the medical certificate produced is not
satisfactory in any respect, the applicant may be required to provide additional medical
evidence concerning their fitness and to submit to a further examination by a doctor
selected by us.
32.2 In line with DFT recommendations, the council applies the DVLA Group 2 (Group 2) driver
standard for medical fitness for hackney carriage and private hire drivers. This is a higher
medical standard than that required of drivers of other motor vehicles. This is required due
to the length of time the driver may spend at the wheel and the responsibility they have for
the safety of their passengers and the public.
32.3 The medical shall be carried out by the driver’s general practitioner (GP) practice. If the
practice cannot complete the medical the driver must confirm the reason in writing. The
medical must confirm that:
a) they have examined the applicant;
b) the applicant is registered with the practice; and /or
c) they have had full access to the applicant’s medical records;
d) the medical examination was carried out to Group 2 standards;
e) they consider the applicant to be fit to act as the driver of a hackney carriage or private
hire vehicle in accordance with this standard.
32.4 Licensed drivers shall submit a Group 2 standard medical certificate on first application that
is dated within six months of the application being fully made and then every five years until
the age of 65. Annual medical certificates are required for all drivers over the age of 65.
23Drivers failing to have their medical within the required timeframe will have their licence
suspended or revoked.
32.5 Licence holders must advise us of any deterioration or other change in their health that may
affect their driving capabilities within 48 hours of the change occurring. At this time we may
request that the driver undertakes a Group 2 standard medical.
32.6 If any further clarification is required we may also request that the driver undertakes
additional Group 2 standard medicals or further medical assessments.
32.7 If we are not satisfied as to the medical fitness of an applicant a licence will not be granted.
If we are not satisfied as to the medical fitness of a licensed driver there will be reasonable
cause to suspend, revoke or refuse to renew the licence under Section 61 of the 1976 Act.
This suspension may also be undertaken in accordance with Section 52 of the Road Safety
Act 2006 on the grounds of public safety. This means that the suspension takes immediate
effect and although the driver may appeal to the Magistrate’s Court they are unable to drive
pending the appeal.
33. New Applicants
33.1 At the time that a driver’s licence is granted, the DBS Disclosure Certificate, criminal record
check from abroad (if applicable) and medical form must be dated within six months
preceding the issue of the licence. It will be necessary for an applicant to undertake an
additional DBS Disclosure (unless already signed up to the update service), criminal record
check from abroad and medical if any of these documents are outside of this timescale.
33.2 New applicants who have previously held a drivers’ licence must complete the full
application process unless they meet the following criteria:
a) It is three months or less since their previous drivers’ licence expired – new applicants
will not be required to take the safeguarding and knowledge/locality training or the
driving assessment.
b) It is three months or less since their previous drivers’ licence expired – new applicants
will not be required to provide DBS criminal records check if it is six months or less
since the last DBS check was undertaken and they are still subscribed to the DBS
Update Service.
c) It is three months or less since their previous drivers’ licence expired – new applicants
will not be required to provide a medical certificates if it is six months or less since the
last medical was undertaken.
d) It is one year or less since their previous drivers’ licence was suspended or revoked on
medical grounds – new applicants will not be required to take the safeguarding and
knowledge/locality training or the driving assessment.
34. Application Procedure
34.1 The application procedure for a drivers’ licence is not legally prescribed, but is a matter for
each council to determine. We require an application to be made on the specified
application form available on our website.
34.2 New applications will be considered at the point which includes the receipt of all
24documentation, checks and training certificates and at this stage will normally be processed
within 10 working days, unless it has to be determined by a sub-committee in which case it
will be determined within 28 working days.
34.3 We will consider all applications on their own merits, once we are satisfied that the
appropriate criteria have been met and the application form and supporting documents are
completed.
35. Licensed Drivers DVLA Driving Licence Records
35.1 In order for us to be able to check DVLA driving licence records as part of the on-going
maintenance programme for licensed drivers, we may appoint a company to undertake
driving licence checks. These checks will confirm the drivers’ entitlement to drive with the
DVLA and any unspent endorsements.
35.2 That being the case, licensed drivers, shall within one month of the initial grant of their
licence, register with the company appointed by the council to undertake on going DVLA
driving licence checks.
36. Renewal of Licences
36.1 Licensed drivers will be invited to renew their licence prior to the expiry date. It is the
licence holder’s responsibility to ensure that the licence is renewed prior to its expiry.
36.2 The renewal application and all documentation required as part of the renewal process
must be received a minimum of two weeks prior to the expiry of the existing licence to
enable any checks of official records to be made prior to the issues of a new licence. The
driver licence will not be renewed until all relevant documentation is received.
36.3 Drivers who fail to submit renewal applications and relevant documentation in accordance
with paragraph 36.2 will be required to reapply as a new applicant.
37. Term of Licence
37.1 In accordance with Section 53 of the 1976 Act, as amended by Section 10 of the
Deregulation Act 2015, all driver licences are valid for a maximum period of three years, or
for such a lesser period, specified in the licence as the council thinks appropriate in the
circumstances of the case.
37.2 DVLA driving licence checks will be carried out every twelve months or alternatively at any
time in order to satisfy the Licensing Authority.
37.3 Medicals will be carried out in accordance with paragraph 33.4.
38. Refusal to renew, Suspension and Revocation of Drivers Licence
38.1 Under Common Law Police Disclosure the police can notify the council, if they believe
there is a public protection risk, of any driver who has been arrested or charged. Following
the receipt of such information we will review if the licensed driver continues to be fit to hold
a licence.
2538.2 As part of the renewal process and at any time during the duration of the licence, we can
review if the licensed driver is fit to hold a licence, following notification of an arrest,
release, charge or conviction. A driver’s suitability is also taken into consideration following
the receipt of any complaints.
38.3 If we determine that the driver is no longer fit to hold a licence the application to renew will
be refused, or the drivers licence will be suspended or revoked.
38.4 Where the licensed driver has been served an immigration penalty or convicted of an
immigration offence the licence shall be revoked. When a driver does not have ‘a right to a
licence’, i.e. is disqualified by their immigration status, a licence shall be revoked. See the
Home Office Guidance for Licensing Authorities to Prevent Illegal Workers.
38.5 There is a right of appeal against the council’s decision to refuse to renew, suspend or
revoke a driver’s licence to the Magistrates Court. An appeal must be lodged with 21 days
of the decision.
39. Referrals and Sharing of Information
39.1 We may refer refusal to grant or renew, suspension or revocations of a drivers licence to
the DBS and the Police if it is thought that the driver poses a risk.
39.2 The Licensing team will share relevant information with regards to refusal to grant or renew,
suspension or revocations of a drivers licence with the other council services, for example
services that deal with the contracts for the transportation of school children and vulnerable
adults, if it is thought that the driver poses a risk. Please refer to the council's privacy
notice for more information on data sharing.
39.3 We will share relevant information with regards to refusal to grant or renew and revocations
of a drivers licence with other licensing authorities. We will do this through the national
register of taxi and private hire vehicle driver refusals and revocations. This register is
known and has been developed by the National Anti-Fraud Network (NAFN). The council
is registered with NAFN to use this register.
40. Optional Training
40.1 We actively encourage and support drivers to take additional training, in areas such as
equalities. Drivers can also become a ‘dementia friends’, further information regarding the
training sessions is available on the Dementia Friends website:
https://www.dementiafriends.org.uk/
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