Private Hire and Hackney Carriage Licensing Policy 2021 to 2026

An overview of enforcement and disciplinary action and the main offences concerned with the private hire and hackney carriage trade. It is not intended to be an exhaustive list and does not constitute legal advice. All enforcement action will be carried out having due regard to the requirements of the Council's Regulatory Services Enforcement Policy.

Council Officers

Whilst the operation of a successful hackney carriage and private hire vehicle service is important to the economic well-being of the Borough, it is equally important that the service provided by the trade is properly regulated in order to instil confidence in the travelling public who wish to use the service. Enforcement of hackney carriage and private hire matters is undertaken by the Council. The Police may also take action in certain circumstances.

Council Officers can be authorised to undertake enforcement work and may take appropriate disciplinary action against licensees. In undertaking such work, Officers will abide by this Policy and the appropriate Regulatory Services Enforcement Policy. Enforcement work includes routine checks and inspections, investigating complaints made about drivers, vehicles and operators, in addition to matters observed by Officers e.g. vehicle defects. The Council can consider all circumstances of concern even though a conviction has not been obtained or the conduct does not amount to a criminal offence.

The Council have effective internal 'whistleblowing' Policy and procedures in place for staff to raise concerns and for any concerns to be dealt with openly and fairly.

The General Licensing Committee

The Council's General Licensing Committee exercises the Council's functions in relation to the licensing of hackney carriage vehicle, hackney carriage drivers, private hire vehicle, private hire operators and private hire drivers under the Town Police Clauses Act 1847, the Local Government (Miscellaneous Provisions) Act 1976 and other relevant legislation.

When the Committee considers such matters concerning a licensee/applicant it is operating in a quasi-judicial capacity and the rules of natural justice must be observed. The licensee/applicant must be treated fairly and be seen to be treated fairly. The Committee must be impartial, unbiased and act in good faith.

The Committee is required to make judgements based on the evidence submitted to it. It is not the Members' role to sit as advocates of either Council Officers, the Police or the licensee/applicant but to weigh the merits of the case as presented - ensuring that the proper considerations are taken into account and irrelevant factors are ignored, thereby reaching a balanced decision. The Committee must also state the reasons for its decisions.

Only Committee Members who have heard the entire application, appeal, or disciplinary matter are able to take part in the decision-making process.

Committee Members should not participate in the hearing of a matter if there is apparent bias. This can arise where a Member's outside connections make it appear that there is a real danger of bias or a Member has a prejudicial interest. Personal interest in a matter under consideration must be declared. Where a prejudicial interest exists, the Member must withdraw from the meeting room. A prejudicial interest exists where a Member has a personal interest which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice their judgement of the public interest and it either:

• affects the financial position of the relevant person or body; or
• relates to the determination for any approval, consent, licence, permission or registration in relation to that person or body.

All members of the General Licensing Committee that determine whether a licence is issued are required to undertake sufficient training. All training is formally recorded by the Licensing Authority and requires a signature from the person that has received the training.

Disciplinary Or Referred Matters

In accordance with Council's constitution, the Committee is authorised to:

• determine the appropriate disciplinary action (if any) to take against licensees referred to it by Officers
• determine any licensing application or other matter concerning individual licensees referred to it by Officers

When considering a referred matter e.g. an application for a licence, the Committee will have regard to the appropriate section of this Policy.

Appropriate disciplinary action can take a number of forms, for example:

• revocation of a licence
• refusal to renew a licence
• a warning letter expressing the Council's dissatisfaction with the licensee's behaviour, whilst also advising that future conduct incompatible with that expected of a licensee could lead to a revocation or refusal to renew
• additional conditions if considered reasonably necessary may be attached to a licence when it is renewed. It is noted that conditions cannot be attached to a hackney carriage driver licence

The action to be taken in any particular case will depend on the seriousness of the conduct/conviction/medical condition etc. concerned.

Appeal to court

There is a statutory right of appeal to the Magistrates Court in relation to:

• a refusal to grant a private hire or hackney carriage driver licence
• any conditions attached to a private hire driver licence
• a decision to suspend, revoke or refuse to renew a private hire or hackney carriage driver licence
• a refusal to grant a private hire vehicle licence or against any conditions specified in the licence
• a refusal to grant an operator licence or any conditions attached to the grant of an operator licence
• a decision to suspend, revoke or refuse to renew an operator licence

An appeal against a refusal to grant a hackney carriage vehicle licence lies straight to the Crown Court. Any appeal must be lodged with the appropriate Court within 21 days of notification of the decision in writing. Costs may be awarded by the Court against an unsuccessful appellant and therefore a licensee may wish to take independent legal advice with regard to the merits of an appeal.

Usually, when an appeal has been lodged, any action against the licence is stayed pending the outcome of the Court appeal (S.77(2) LG(MP) Act 1976 refers) and the driver, operator or vehicle can continue to operate. However, in cases where, in the interests of public safety, a decision has been made that a suspension or revocation of a driver licence should take immediate effect S.77(2) shall not apply and a driver is not allowed to continue driving pending the outcome of the appeal. In such cases the driver must be notified in writing, with an explanation as to why such action has been taken.

Decisions may also be challenged by way of judicial review in the High Court. Independent legal advice should be sought.

New evidence may be produced at an appeal hearing that may result in the Court reaching a different decision to that reached by the Council or an appeal may be settled by agreement between the Council and the licensee on terms which, in the light of new evidence, becomes the appropriate course. If, for example, the allegations against a driver were now, on the balance of probability, considered to be unfounded, a suspension could be lifted or, if the licence was revoked, a fast-track re-licensing process used.

Enforcement/disciplinary options

There are various options to take depending upon the circumstances including:

• take no action
• tinformal action
• use statutory and other notices/requests
• offer of training
• suspend a licence
• revoke a licence
• refuse to renew a licence
• issue a simple caution
• prosecute
• obtain an injunction

The Council may fail to be satisfied that an applicant is a fit and proper person to hold a driver licence for any good reason. If adequate evidence that a person is a fit and proper person is not adduced or if there are grounds to question or doubt the evidence provided, then that could amount to good reason to refuse a licence. The Council may under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 provides a Licensing Authority with the ability to suspend or revoke a driver licence on the following grounds:

• a)     that he has since the grant of the licence:
  • i) been convicted of an offence involving dishonesty, indecency or violence; or
  • ii) been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act
• b)     that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty; or
• c)     any other reasonable cause

Reasonable cause encompasses a wide variety of issues, including other convictions, cautions, medical fitness and conduct.

Where an applicant or holder of a licence fails to comply with this Policy's requirements an Authorised Officer may refuse to grant or renew licences and may suspend or revoke licences. Officers also have delegated powers in consultation with the Licensing Committee Chair or Vice Chair, to grant licence applications where such applications do not comply with this Policy and it is considered that sufficient exceptional reasons have been submitted as to why the Council should depart from the Policy. An Authorised Officer may suspend or revoke a drivers licence with immediate effect if public safety is deemed to be a relevant consideration. Before such action is taken the holder of a drivers licence will be informed in writing that suspension or revocation with immediate effect is being considered and will be invited to provide their response. Action to suspend a driver with immediate effect will only be taken after consultation and agreement with the Director of HR, Legal and Communication. Action to revoke a driver with immediate effect will only be taken after consultation and agreement with the Chair or Vice Chair of the Licensing Committee and the Director of HR, Legal and Communication.

If it appears to be in the interests of public safety to do so, then a suspension or revocation will have immediate effect and the driver will be given notice of that decision.  The effect of this decision will mean that a driver cannot continue to drive licensed vehicles should an appeal be made against the decision.

A decision to revoke a licence does not however prevent the reissuing of a licence should further information be received that alters the balance of probability of a decision previously made. The decision to suspend or revoke was based on the evidence available at the time the determination was made. New evidence may, of course, become available later.

New evidence may be produced at an appeal hearing that may result in the Court reaching a different decision to that reached by the Council or an appeal may be settled by agreement between the Council and the driver on terms which, in the light of new evidence, becomes the appropriate course. If, for example, the allegations against a driver were now, on the balance of probability, considered to be unfounded, a suspension could be lifted or, if the licence was revoked, a fast track re-licensing process used.

A suspension may still be appropriate if it is believed that a minor issue can be addressed though additional training. In this instance the licence would be returned to the driver once the training has been completed without further consideration. This approach is clearly not appropriate where the Licensing Authority believes that, based on the information available at that time, on the balance of probability it is considered that the driver presents a risk to public safety.

Joint Authorisation of Officers

The Council may, where the need arises, jointly authorise Officers from other authorities so that compliance and enforcement action can be taken against licensees from outside their area. An agreement between licensing authorities to jointly authorise Officers enables the use of enforcement powers regardless of which authority within the agreement the Officer is employed by and which issued the licence. A model for agreeing joint authorisation is contained in the LGA Councillors' handbook.

Partnership Working

The Council will adopt a multiagency approach to ensure effective and efficient information sharing procedures and protocols are in place and are being used. It is vital that the Council have a partnership with the Police service to ensure that appropriate information is shared as quickly as possible. As part of building an effective working relationship between the Licensing Authority and the Police, action taken by the Council as a result of information received will be fed-back to the Police.