Private Hire Operator Conditions Consultation December 2016

Overview

The City Council is proposing to introduce of a new set of conditions to be attached to the licences issued in respect of private hire operators, see attached.

The current conditions relating to operators licenses have been reviewed, amended and updated in an attempt to clarify certain issues and introduce new initiatives and procedures and remove what are already legal duties.

Section 55 of the Local Government (Miscellaneous Provisions) Act 1976, which relate to the issue of licenses for private hire operators, states:

“A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary“.

The purpose of attaching conditions to these licences is to be able to regulate a large variety of matters relating to the way operators, conduct themselves and the use of their vehicles.  Conditions can prescribe the ways in which activities are conducted, the sort of documentation operators must maintain and how vehicles are to display their plates and signage.

The conditions are used to deal with issues that require regulating and are drafted to stipulate the exact manner in which activities are to be undertaken. Failing to comply with conditions may result in enforcement action being taken.  This may include referral to a Licensing Sub Committee for them to consider whether the licensee is “fit and proper” and if not whether their licence should be suspended or revoked.   

The current set of conditions for operators was last reviewed and/or amended on 15 September 2010, with an additional amendment in February 2015 to account for the changes to the Equalities Act.

Since then, a number of changes have taken place both in respect of how the private hire trade operate with the introduction of new technology (apps.) and the current review of vehicle signage.

The current conditions also contain offences which may result in either the cautioning or prosecuting of the licensee.  These conditions have been removed from the proposed conditions as they are legislative requirements and so there is no need for it to also be a condition of licence.

Further guidance has been produced to accompany the new conditions advising operators of their legal obligations. This gives details of offences under the various Acts that relate to private hire.

Why your views matter

The Licensing Enforcement Team deals with numerous complaints about the activities of licensees and undertakes various exercises throughout the year including the stop checking of vehicles and drivers and the inspection of records and documentation retained at operators’ bases.  These conditions are used to measure the licensee’s compliance and deal with complaints.

What happens next

This final draft of Operator Conditions has been drawn up following a consultation exercise in August 2016 and a subsequent meeting with trade representatives in October 2016 and it is proposed to put these before Licensing and Public Protection Committee in the New Year.