Hackney Carriage Vehicle procedure for additional ... - Harlow Council

HACKNEY CARRIAGE LICENSING
TOWN POLICE CLAUSES ACT 1847
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
PROCEDURE FOR THE GRANT OF A HACKNEY CARRIAGE VEHICLE
LICENCE IN ADDITION TO THE 55 LICENCES CURRENTLY ISSUED
Harlow District Council under section 37 of the Town Police Clauses Act 1847
licenses hackney carriages. Such a licence is referred to in the legislation as a
hackney carriage proprietor’s licence, but is often referred to in day-to-day usage as
a hackney carriage vehicle licence.
A Hackney Carriage Vehicle once licensed is always a Hackney Carriage Vehicle
and as such can only be driven by a Hackney Carriage Driver who holds a licence
under Section 46 of the Local Government (Miscellaneous Provisions) Act 1976.
To legally undertake Hackney Carriage work the Vehicle and Driver must both be
licensed with the same Local Authority.
Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 allows a
Local Authority to impose conditions that it ‘considers reasonably necessary’ in
respect of Hackney Carriage Vehicles.
Should a vehicle require additional specific conditions these will be applied on the
grant or renewal of the licence.
General Information
A hackney carriage vehicle licence is valid for a maximum period of 12 months from
the date it is issued.
Harlow Council operates a system referred to as ‘mandatory orders’. This means
that hackney carriage vehicle licences are only issued to ‘London-style cabs’ – that is
vehicles that meet the London Public Carriage Office specification.
Specific Conditions in Respect of any Additional Hackney Carriages Licensed
in Excess of the Existing 55.
The vehicle must be brand new when first licensed with Harlow Council.
Any vehicle the licence is transferred to must be brand new.
The maximum age of the vehicle before it has to be replaced to be no more
than 12 years from the date of first registration.
Any replacement vehicle to be brand new.
When the vehicle/licence plate is no longer required it must be returned to the
Licensing Team for re-allocation.

Licence Procedure
Any person wishing to apply for the grant of a Hackney Carriage Vehicle Licence
must submit a completed application form to:
Harlow Council
Licensing Team
Civic Centre
The Water Gardens
College Square
Harlow
Essex CM20 1WG
Together with:
a. The correct fee.
b. An M1 classification approval certificate. This must be provided before the
licence will be issued to the applicant.
c. A valid insurance certificate or policy, which expressly indicates ‘on risk’ cover
for hackney carriage use. [This may be produced after the vehicle has
satisfactorily passed its MOT/Compliance test.]
d. A current MOT/Compliance test certificate for the vehicle.
e. The vehicle registration document showing the current owner’s name and
address. If this is not available then other proof of ownership must be
produced.
The vehicle will be required to attend the Council’s nominated garage for a
MOT/Compliance test.
NB An application will not be deemed valid unless a completed application form, the
appropriate fee and all required documentation has been received
Determining the Application
All applications will be determined on a strictly first come first served system based
on the date and time the completed application was received.
Non Contentious Applications
Delegated power is given to the Environment and Licensing Manager to determine
non- contentious applications.
Contentious Applications
Determination of contentious applications will be undertaken by Harlow Council’s
Licensing Committee or Environment and Licensing Manager under delegated
authority.

The main reasons why an application becomes contentious will be because there is
an objection to the grant of the licence, or the vehicle is deemed to be unfit for the
type of licence applied for.
Conditions
All licences are granted subject to compliance with Harlow Council’s current
standard conditions as well as any specific conditions relevant to the vehicle in
question, or group of vehicles.
Right of Appeal
There is a right of appeal to the Crown Court against a refusal to grant a Hackney
Carriage Vehicle (Proprietors) Licence.
Further Information
This procedure note has been prepared to answer the main issues regarding the
application for a Hackney Carriage Vehicle Licence. It is not intended to cover all of
the legal requirements and further information can be obtained by contacting the
Licensing Team on (01279) 446605/446562, email licensing@harlow.gov.uk, or write
to the address above.
Version 1
Adopted by Environment and Community Committee 15 January 2008