Private Hire and Hackney Carriage Licensing Policy 2021 to 2026

Limitation Of Numbers

The Council has decided that it will not place a limit on the number of hackney carriages it licences but will rely on market forces to dictate the number of applications it receives.

Term Of Licences

Driver licences are available for a period of one or three years.

Vehicle licences are available for a period of one year.

Private Hire Operator licences are available for up to five years.

Any shorter duration licence will only be issued when the Council thinks it is appropriate in the specific circumstances of the case, if a licensee has requested one or where required (e.g. when the licence holder's leave to remain in the UK is time-limited) or when the licence is only required to meet a short-term demand; they will not be issued on a 'probationary' basis.

Fares

The Council have the powers to set hackney carriage fares for journeys within their area. Hackney carriage fares, set by the Council, are the maximum and can be negotiated downwards by the hirer.

When a journey ends outside the Council's area a fare greater than that shown on the meter may be charged but only if an agreement has been made with the hirer in advance. In the absence of such an agreement, only the metered fare can be charged. Failure to comply is an offence.

Overcharging

All meters must be calibrated to the correct fare scale. It is an offence for the driver to demand more than the fare shown on the meter or agreed at the time of hiring with certain exceptions.

Fee Structure

A current fee list is available on the Council's website at www.stockton.gov.uk/licensing-fees

Payments

Payments can be made online or by calling 01642 524802.

Payment Refunds

Fees paid in relation to licences are subject to a partial refund on the unexpired portion of the licence should a live licence be surrendered and accepted by the Council. Refunds shall be determined by the Council and an administration fee will be levied. Refunds totalling less than an administration fee will not be processed.

Should the application be refused by the Licensing Committee or the refusal appealed to the Magistrates Court, then depending on the outcome, the administration charge will be higher and may result in no refund being given.

Complaints Procedure

The Council is proud of its private hire and hackney carriage trade and expects them to uphold high standards at all times. However, it is recognised that there may be occasions for transport users and other members of the trade to make complaints. All complaints will be considered, and appropriate action will be taken in accordance with the Council's Regulatory Services Enforcement Policy.

Complainants may be asked to put their complaint in writing or provide a witness statement if the complaint is such that formal action may be taken. The Council recognises that some complaints can be frivolous or vexatious. These complaints will not be taken further. Licensees are expected to assist Officers in their investigations and make themselves available for interview when reasonable requests have been made. At the conclusion of the investigation all parties concerned will receive confirmation of the result and action to be taken (if any). If any party is not satisfied as to the outcome of the complaint investigation the Council has a corporate complaints procedure in place to deal with these issues.

Complaints about the licensed trade provide a source of intelligence when considering the renewal of a licence or to identify problems during the period of the licence. Patterns of behaviour such as complaints against drivers, even when they do not result in further action in response to an individual compliant, may be indicative of characteristics that raise doubts over the suitability to hold a licence. The Council have a robust system for recording complaints, including analysing trends across all licensees as well as complaints against individual licensees. This system will help the Council to build a fuller picture of the potential risks an individual may pose and may tip the 'balance of probabilities' assessment that the Council must take.

Licensees with a high number of complaints made against them will be contacted by the Council and concerns raised with the driver and operator (if appropriate). Further action in terms of the licence holder must be determined by the licensing authority, which could include no further action, the offer of training, a formal review of the licence, or formal enforcement action.

• Consideration of Convictions, Cautions, Reprimands, Warnings, Complaints and Character refer to Appendix E.
• Enforcement, Discipline & Offences refer to Appendix F.
• Staying Safe Guidance for Passengers refer to Appendix Q.