Hackney Carriage & Private Hire Licensing Policy - Fylde Borough ...

Hackney Carriage &Private Hire Licensing PolicyThe Licensing TeamFylde Borough CouncilTown HallLytham St AnnesFY8 1LWREV 208061

CONTENTSSectionPage No.Executive Summary 1Definitions 21 Background 22 Introduction 53 Arrangement of sections 64 Vehicles - (Hackney Carriage & Private Hire) 75 Drivers – (Hackney Carriage & Private Hire) 176 Disciplinary and Enforcement Measures 247 Offences 268 Delegated Powers 279 Private Hire Operators 2810 Fares 3011 Fees 3212 Taxi Ranks 123

LIST OF APPENDICESAppendix AAppendix BAppendix CAppendix DAppendix EAppendix FAppendix GAppendix HAppendix IAppendix JAppendix KAppendix LAppendix MAppendix NAppendix OAppendix PAppendix QAppendix RAppendix SAppendix TVehicle SpecificationsAdditional Conditions for Private Hire limousinesVehicle Licences - Application ProceduresDrivers- Application ProceduresDrivers - The Consideration of ApplicationsDrivers - The Relevance of ConvictionsDrivers - The Testing of ApplicantsDrivers - Private Hire Driver’s ConditionsDrivers - Code of Good Conduct for Licensed DriversDrivers - Dress CodeTaxi Licensing and Enforcement Policy & PracticePolicy Guidelines for Dealing with Offences Committed during theTerm of a LicenceDisciplinary HearingsPenalty Points SystemOffences & Penalties - Hackney & Private HirePrivate Hire - Operator’s Licence ConditionsFare Tariff Maximum Fares for Hackney CarriagesExample of Taxi Tariff FormulaLicence Fees – Hackney & Private HireTaxi Ranks in the Fylde Area5

EXECUTIVE SUMMARY OF MAIN PROPOSALSFor ease of reference, the main proposals contained in this policy document aresummarised below:• Bringing all policies & procedures in line with new Department of TransportDraft Best Practice Guidance• Revising and extending the specification of licensed vehicles includingintroducing new requirements in respect of disability access, LPG poweredvehicles and tinted windows as well as introducing an age limit of 12 years onlicensed vehicles• Increasing the requirements for vehicle inspections to every six months forolder vehicles• Granting additional hackney vehicle licences to a wider range of purpose builttaxis less than 2 years old replacing the current requirement that they be lessthan 1 year old• Considering the introduction of policies to help promote the use of cleaner andgreener fuels• Introducing new controls and conditions to bring stretched limousines andsimilar vehicles properly under licensing control• Introducing Dual Driver’s Licences to allow drivers to operate both hackney andprivate hire vehicles without duplicate badges• Reducing the age and qualifications for licensed drivers to 20 yrs with theproviso that a full driving licence has been held for one year• Introducing a knowledge test for new hackney drivers with a simpler test forprivate hire• Amending the medical fitness standard for licensed drivers• Requiring, subject to certain safeguards, CRB checks for drivers every 3 yearsrather than every year• Introducing new formal written policies in respect of:• The relevance of criminal convictions• Disciplinary Hearings• Enforcement• Increasing the period for which driver’s licences are issued from 1 to 3 years• Revising and extending the conditions attached to private hire driver’s licences• Introducing a new Dress Code and a Code of Conduct for licensed drivers• Introducing a new “Penalty Points” scheme to deal with breaches of licenceconditions, bye-laws and legislation• Revising and extending the conditions and requirements attached to private hireoperator’s licences as well as extending the period such licences are granted forfrom one to three years• Introducing a formula for determining increases in fares and setting a timetablefor the regular review of fare scales• Revising the licence fee structure for private hire operator’s licences andintroducing an administrative charge in respect of vehicle transfers• Overhauling the requirements in respect of advertising and signage on bothhackney and private hire vehicles• Introducing a requirement that taximeters should be calendar controlled1

DEFINITIONSThroughout this document:• ‘The Council’ or ‘The Authority’ means the Fylde Borough Council• ‘Vehicle’ or ‘Licensed Vehicle’ means both a Hackney Carriage and Private HireVehicle• ‘Taxi’ means a Hackney Carriage• ‘PHV’ means a Private Hire Vehicle• ‘The Guidance’ means The Department for Transport - Taxi and Private HireVehicle Licensing Draft Best Practice Guidance1. BACKGROUND1.1 Role of Taxis and Private Hire Vehicles1.1.1 Taxis and private hire have a specific role to play in an integrated transportsystem. They are able to provide services in situations where publictransport is either not available (for example in rural areas, or outside“normal” hours of operation such as in the evenings or on Sundays), or forthose with mobility difficulties.1.2 Aims and Objectives of Licensing1.2.2 The aim of licensing of the hackney carriage (taxi) and private hire vehicle(PHV) trades is, primarily, to protect the public as well as to ensure that thepublic have reasonable access to taxi and private hire services because ofthe part they play in local transport provision. It is important that theauthority’s taxi and licensing powers are used to ensure that taxis and PHVsin the district are safe, comfortable, properly insured and available whereand when required. Fylde’s taxi and private hire industry is fairlycomprehensive and provides its population with a reasonable service. It isthe intention of this policy to build on the industry’s strengths.1.3 Licensing Profile1.3.1 Fylde Borough Council currently licences 100 hackney carriages andapproximately 180 private hire vehicles as well as 25 private hire operators.It has 174 drivers licensed to drive hackney carriages and 281 licensed forprivate hire.1.4 Review of Policies & Practices1.4.1 Fylde Borough Council has responsibility for licensing taxi and private hirevehicles, drivers and operators within the Borough of Fylde. It hastraditionally exercised this responsibility through a number of differentpolicies and procedures that have been developed over a significant numberof years.1.4.2 Many of these policies have, however, now become rather historic and donot adequately assist the trade or the public or indeed truly reflect thesituation today in respect of these trades. Written policies do not currentlyexist in respect of some important aspects of the service. At the same time,guidance has, for the first time, been issued to licensing authorities (albeit indraft form – see 1.5 below) detailing what is considered to be BESTPRACTICE in terms of taxi and private hire licensing.2

1.7 Consultation1.7.1 There are a number of groups and organisations that have an interest in theprovision of taxi and PHV services, including the trade itself, residents andenforcers, all of whom have views and concerns that require consideration.In drawing up this policy, the Authority has consulted with the following:1.7.2 Representatives of the hackney carriage and private hire tradeFylde Licensed Hackney Drivers AssociationFylde Taxi and Private Hire AssociationFylde CouncillorsFylde Town and Parish CouncilsFylde MP & MEPYouth Parliament RepresentativeFylde Local Strategic PartnershipFylde Community Safety UnitLocal Chambers of TradeLocal businesses and their representativesLocal residents and their representatives (via Resident’s Association)Fylde Primary Care TrustSt Annes Regeneration PartnershipNew Fylde HousingHoliday association of Lytham St AnnesLancashire ConstabularyLancashire County Council traffic & Road SafetyLancashire County Council Children's Services Authority (School Contracts)Lancashire County Council (Children & Families)Blackpool Council Taxi licensingWyre Borough Council Taxi LicensingNW TourismCitizens Advice BureauAge ConcernBlackpool Council Central Vehicle Maintenance unitDisabled Persons Transport Advisory Committee1.7.3 In developing a policy and procedures document that will deliver theappropriate objectives locally (see 2.2 below) views were sought on whatshould be included in such a document. The opportunity was given for allinterested parties to comment on what they should be in the statement ofpolicy to ensure that it reflected the local balance between the commercialinterests of the trade and the communities it serves and impacts upon.1.7.4 Proper weight was given to the views of all those consulted prior to thispolicy statement being finalised and taking effect. The trade andstakeholders all positively assisted in developing the policy and conditions.4

2.4.2 Upon implementation of this policy, the Authority expects licence-holders tocomply with its terms immediately. It is acknowledged, however, thatcertain provisions may place financial obligations on existing licence-holdersand accordingly the authority is prepared to permit a transitional period, (asdetailed in paragraph 2.4.3 below) during which, necessary changes must bemade. Accordingly, the full weight of this policy shall not take effect untilthe end of that period.2.4.3 Set out below are the provisions of this policy for which implementation willbe deferred (subject to 2.4.4 below). The first column details the relevantprovision and the second the implementation date or arrangements for thatprovision.Paragraph / Section of Draft PolicyDisability Access of Vehicles - 4.3 andAppendix A Condition 19Maximum Age of Vehicles 12 years4.4 and Appendix A Condition 6ImplementationDate/Arrangements1 st July 2007New or replacement vehicles from1 st January 2007. All currentlylicensed vehicles, which are 11years old or older on that datewill, however, be permitted onefurther annual renewal of thelicence for that vehicle.Advertising and Signage on vehicles -4.5 and Appendix A Conditions 14 & 15 1 st July 2007Calendar Controlled Taximeters -Appendix A Condition 171 st January 2008LPG vehicle requirements - Appendix ACondition 201 st July 2007Tinted Windows - Appendix A Condition211 st July 2007Dual Licences - 5.2 1 st July 2007Knowledge Tests for New Drivers.4 andAppendix G1 st July 2007Group2 Licence Medicals - 5.6.2 1 st July 2007Penalty Points System - 6.3 andAppendix N1 st July 20072.4.4 All requirements in respect of Vehicle Specifications (Appendix A or B) willapply from 1st January 2007 in respect of any vehicle submitted forlicensing for the first time or any vehicle, which has not been previouslylicensed, which is substituted for an existing licensed vehicle.6

4 VEHICLES – (Hackney Carriage & Private Hire)4.1 Limitation of Numbers4.1.1 No powers exist for licensing authorities to limit the number of private hirevehicles that they licence. The present legal provisions on quantityrestrictions for hackney vehicles are set out in section 16 of the TransportAct 1985. This provides that the grant of a taxi licence may be refused, forthe purpose of limiting the number of licensed taxis “if, but only if, the localAuthority is satisfied that there is no significant demand for the services ofhackney carriages (within the area to which the licence would apply) whichis unmet”. In the event of a challenge to a decision to refuse a licence, itwould, therefore, have to be established that the authority had reasonablybeen satisfied that there was no significant unmet demand.4.1.2 Many local licensing authorities do not impose anyquantity restrictions on hackney vehicles and the DOTregards this as best practice. Where restrictions areimposed, licensing authorities are urged to regularlyreconsider the matter, taking into account whetherthe restrictions should continue at all. It is suggestedthat the matter should be approached in terms of theinterests of the travelling public - that is to say,people who use taxi services. What benefit is achievedfor them by the continuation of controls and howmight they benefit if the controls were removed? Is there evidence thatremoval of the controls would result in a clear and unambiguousdeterioration in the amount or quality of taxi service provision?4.1.3 Where quantity restrictions are imposed, vehicle licence plates command apremium, often of thousands of pounds. This tends to suggest that there arepeople who want to enter the taxi market and provide a service to thepublic, but who are being prevented from doing so by the quantityrestrictions. Such a situation, it is argued is particularly hard to justify.4.1.4 If the local authority takes the view that a quantity restriction can bejustified in principle, the guidance advises that the level at which the limitshould be set, be addressed by means of a survey.4.1.5 Fylde Borough Council currently licences 100 hackney carriages andapproximately 180 private hire vehicles. Until recently, it had a policy ofstrictly limiting hackney carriage numbers. This has, however, recently beenreviewed and relaxed as indicated below.4.1.6 Fylde Borough council does not now have a general policy to limit thenumber of hackney carriages, which may be licensed within its area. Thepolicy which it has recently adopted, however, requires that any newHackney Carriage vehicle licences are only granted in respect of vehiclesthat:(i)(ii)are less than a year old at the time of the initial grant of theHackney Carriage licence (see 4.1.10 below) andconform, initially and thereafter, to the Conditions of Fitness aslaid down by the Metropolitan Police and the Road Vehicles(Construction and Use) Regulations 1986 until furtherconditions are issued by the Department for Transportconcerning technical requirements.8

The effect of the introduction of this condition has been to relax thepolicy of on restriction of licensed hackney vehicle numbers whilstestablishing a control measure in respect of the number of additionalvehicles licensed. Any new vehicles to the licensed taxi fleet have nowto be purpose built taxis and are, therefore, wheelchair accessible.4.1.7 It could be argued that the current policy has the effect of limiting newentrants to the market, which may be detrimental to the economy andregeneration. However, it is also recognised that the removal of all limitscould have a substantial effect on the way the licensed hackney carriagemarket operates in the Borough. In particular, it would remove the intrinsic,if informal, value in a licence plate (currently estimated to be in the region of£5,000). This may well have business planning consequences for owners.4.1.8 There is also, of course, the possibility that current private hire drivers wouldopt to simply apply for their current vehicles to change to hackney carriages.Another major problem with immediate de-limitation could be the flood ofnew licensed vehicles that would enter the roads network and could well leadto overloading of ranks and problems with capacity, which would need to bemanaged through stringent enforcement.4.1.9 The Council is aware that much of the Borough outside St Annes andLytham is not well covered by hackney carriages, which potentially givesscope for additional ranks and facilities. One way of controlling the impact ofde-limitation may be a phased increase in available plates until a level isreached where demand for market entry is matched by the supply of platesover a period. This would also reduce the likelihood of business failure.4.1.10 The council is concerned that it currently has only 3 wheelchair accesshackney vehicles and a similar number of private hire vehicles licensed. Itrecently relaxed its policy on limiting the number of hackney carriagelicences in order to provide the incentive of making new taxi plates availablefor disabled access vehicles which were up to 1 year old and also met themetropolitan police standard for such vehicles. Despite this move, only 2applications were received. These vehicles were both issued new plates,even though they did not meet the very tight vehicle standard. Whilst themetropolitan police standard is the only standard currently available, it ineffect only permits one specific and expensive vehicle (the TX11). Inpractice, it is proving too demanding to encourage uptake by the trade andis accordingly not helping to increase the much-needed disabled accessvehicle provision in the borough. It needs, therefore, be revised so as toallow a greater range of purpose-built or converted disabled access vehiclesto qualify and permit vehicles up to 2 (rather than 1) year old) to belicensed.4.1.11 The Council’s existing policy (set out at 4.1.6) should be amended so thatany new Hackney Carriage vehicle licences are only granted in respect ofvehicles that are:(i)(ii)less than two years old at the time of the initial grant of thenew Hackney Carriage licence anda TX11 taxi or purpose built EuroCab, designed and developedfor use as a wheelchair accessible taxi. Wheelchair access mustbe from the side and not from the rear. The vehicle must beunaltered from the manufacturers/converters specification anddocumentation must be produced to show that the vehicle iscertified to M1, European Whole Vehicle Approval or Low VolumeApproval standards.Any replacement vehicle must also meet the standard required of suchnewly licensed hackney carriage vehicles.9

4.2 Specifications and Conditions4.2.1 Local authorities have a wide range of discretion over the types of vehiclethat they can licence as taxis or private hire vehicles (PHVs).4.2.2 The DOT Draft Best Practice Guidance suggests that best practice is for locallicensing authorities to adopt the principle of specifying as many differenttypes of vehicle as possible. Authorities are encouraged to leave it open tothe taxi and PHV trades to put forward vehicles of their own choice whichcan be shown to meet their basic criteria. In that way there can be flexibilityfor new vehicle types to be readily taken into account.4.2.3 Licensing authorities are asked to be particularly cautious about specifyingonly purpose-built taxis, with the strict constraint on supply that thatimplies. (There are at present only two designs of purpose-built taxi.) Theyare, however encouraged to make use of the “type approval” rules withinany specifications they determine.4.2.4 The Authority is empowered to impose such conditions, as it considersreasonably necessary, in relation to the grant of a hackney carriage orprivate hire vehicle licence. Taxis and private hire vehicles provide a serviceto the public, so it is appropriate to set criteria for the external and internalcondition of the vehicle, provided that these are not unreasonably onerous.Appendix A sets out the minimum standards, in respect of all licensedvehicles.4.2.5 Vehicles will, in general, be licensed for the carriage of up to fourpassengers, but applications in relation to larger vehicles that canaccommodate up to eight passengers will be accepted, provided that thereis compliance with the specifications applicable to such vehicles. Purposebuiltvehicles are amongst those which a local authority will licence ashackney carriages4.3 Accessibility4.3.1 Fylde Borough currently licences97 hackney carriages only 3 ofwhich are wheelchair accessible.The government’s proposals toimplement the taxi provisions ofthe disability discrimination act1995 involve splittingimplementation into 2 phase’sdependant upon a number ofcriteria. Phase 1 authorities areto be required to introduceaccessible vehicles as hackneycarriages between 2010 to 2020.Fylde Borough is, however,classified as a phase 2 authorityas it has been defined as notmeeting one or more of therelevant criteria. No timeprovisions for implementation arecurrently laid down for phase 2authorities.10

4.3.2 Fylde Council is committed to social inclusion and ensuring a wide variety ofopportunities are available to disabled residents to enjoy a high quality oflife. They fully support the view of the Disability Rights Commission that,“Making successful journeys is critical to the social inclusion of disabledpeople. Without the ability to travel, disabled people are denied access tolife opportunities. Their access to education, shopping, employmenthealthcare as well as social and family life is significantly improved whenjourneys become accessible.” For this reason, the Council considers itimportant that disabled residents have access to all forms of publictransportation. In addition to the general conditions, accessibility fordisabled people (including - but not only people who need to travel in awheelchair) is, therefore, an important consideration in respect of vehicleslicensed as taxis.4.3.3 The National Taxi Association, supported by ROSPA and a number ofdisabled groups, have recently written to all licensing authorities askingthem to prohibit the use of hackney vehicles which are adapted for disabledpassengers, where the wheelchair is loaded from the rear rather than theside of the vehicle. The argument for this approach is that the wheelchairuser has to be on the road during loading and unloading and is, therefore,exposed to risk from traffic. This is seen as being particularly relevant fortaxis, which, of necessity, operate from side loading ranks.4.3.4 It is, ultimately, the Department ofTransport’s intention to make taxiaccessibility regulations under theDisability Discrimination Act 1995. Inthe meantime, however, licensingauthorities are being encouraged tointroduce taxi accessibility policies fortheir own areas.4.3.5 It is arguable that different accessibilityconsiderations should apply asbetween taxis and PHVs in that taxiscan be hired on the spot - in the streetor at a rank - by the customer dealingdirectly with a driver; whereas PHVs can only be booked through anoperator. It is considered particularly important that a disabled personshould be able to hire a taxi on the spot with the minimum delay orinconvenience and having accessible taxis available helps makes thatpossible.4.3.6 The policy set out at 4.1.6 above in respect of the Limitation on numbers, isspecifically designed to encourage new taxis to be accessible in that everynew hackney vehicle licensed must now be wheelchair accessible. Anyrequirements to provide such access for PHVs, are considered lessappropriate and in this case PHV operators will simply be encouraged tooffer accessible vehicles within their fleet. The Vehicle Specification atAppendix A indicates what is to be required in respect of wheelchair accessfor those vehicles which have been adapted or constructed for this purpose.It includes a requirement that, in the case of hackney vehicles that areadapted for disabled passengers, the wheelchair should be loaded from theside rather than the rear of the vehicle.11

4.4 Maximum Age of Vehicles4.4.1 The DOT Draft Best PracticeGuidance reminds licensingauthorities that it is perfectlypossible for an older vehicleto be in good condition andthat the setting of an agelimit beyond which they willnot licence vehicles may bearbitraryanddisproportionate. It is,nevertheless, accepted that agreater frequency of testingmay be appropriate for oldervehicles for example, twice-yearly tests for vehicles more than five years old (see 4.5.3 below).4.4.2 Local licensing authorities are, however, also advised to consider how fartheir vehicle licensing policies can and should support any localenvironmental initiatives by, perhaps, setting vehicle emissions standards orpromoting cleaner fuels (see 4.11 below).4.4.3 A further Government report suggests that, by adopting targeted air qualitypolicies for road transport, significant reductions can be achieved for noxiouspollutants in the atmosphere. It highlights the impact European wideemission limits are having on improving air quality. In private cars, thesestandards are introduced for new vehicles as follows:• Euro I technology – became mandatory for new cars from 1993(light goods vehicles 1994).• Euro II technology – became mandatory for new cars from 1997(light goods vehicles 1998).• Euro III technology – became mandatory for new cars from 2001(light goods vehicles 2002).• Euro IV technology – will become mandatory for new vehicles in2006.Air quality improvements are clearly hampered through the length of time ittakes for vehicles to be retired. As an example, even with a maximumvehicle lifetime of 12 years, vehicles will only begin to meet the minimumEuro I standard from this year.4.4.4 Consideration needs to be given as to whether, in the interests of theenvironment, tougher emissions standards should be introduced for alllicensed vehicles and, in particular, whether it would be appropriate toshorten the period of time from when new standards are introduced to whenfull fleet compliance with those standards is achieved. Any introduction ofemissions standards would, however, need to be phased, to ensure thatoperating profits were maintained. This would mean, not only following theadoption dates for Euro standards, but also introducing strict retirementdates for vehicles that fail to meet the latest standards.12

4.4.5 Vehicles manufactured prior to 1994 did not have to meet emission limits(Euro1 Technology) designed to improve air quality. Therefore, in theinterests of improving air quality, any application for the grant or renewal ofa hackney carriage or private hire vehicle licence where the vehicle inquestion is more than 12 years old, shall not be granted. This provision willnot apply to non-motorised vehicles or to stretched limousines provided thatthey are maintained or adapted to ensure that, when presented for theirlicensing inspection, they meet at least the Euro 1 emissions standards.4.5 Vehicle Testing4.5.1 Whilst taxis and PHVs must be subject to an MOT test, or its equivalent,once a year after the first three years, the Draft Best Practice Guidancerecognises that an annual test for licensed vehicles of whatever age (that is,including vehicles that are less than three years old) seems appropriate.More frequent tests are not recommended, except for older vehicles. (see4.4.1 above). Similarly, for mechanical matters, the guidance recommendsapplying the same criteria as those for the MOT test to taxis and PHVs.4.5.2 It suggests that it is good practice for local authorities to consider havingmore than one testing station and argued that there could be advantages incontracting out the testing work and to different garages.4.5.3 Hackney carriage and private hire vehicles must be tested once per yearuntil they are 5 years old, and thereafter twice per year. One of these twotests must take place at a testing station approved by the Council. The othermay be either another Council test or an MOT but such tests must beseparated by a period of six. These requirements are in addition to an MOT,which for Hackney Carriages is required at 1 year old and thereafter.4.5.4 Vehicle testing arrangements, in Fylde, are currently exclusively through theBlackpool Council OSD vehicle inspection facility. As well as providing totalindependence and charges that stand up well to market testing, this appearsto be working very well. It is, accordingly, not proposed, at this stage, tomake any changes to these vehicle testing arrangements other than toexplore the possibility of formalising the current arrangements through aService Level Agreement.4.6 Signage/Advertising4.6.1 Members of the public can oftenconfuse PHVs with taxis, failing torealise that PHVs are not available forimmediate hire and that a PHV drivercannot legally be hailed in the street. Itis, therefore, important that the publicare able to easily distinguish each typeof vehicle.4.6.2 It is possible to prohibit PHVs from displaying any identification at all apartfrom the local authority licence plate or disc. Some clearer identification is,however, seen as best practice. This is for two reasons: firstly, to ensure amore positive statement that the vehicle cannot be hired immediatelythrough the driver and secondly because it is quite reasonable, and in theinterests of the travelling public, for a PHV operator to be able to state onthe vehicle the contact details for hiring.13

4.6.3 The guidance, therefore, recommends, as best practice, a licence conditionthat requires a sign on the vehicle in a specified form. This will often be asign of a specified size and shape which identifies the operator (with atelephone number for bookings) and the local Authority and which also hassome words such as 'pre-booked only’. This approach identifies the vehicleas private hire and helps to avoid confusion with a taxi, but also gives usefulinformation to the public wishing to make a booking.4.6.4 Roof-mounted signs on PHVs are not seen as best practice even if theyindicate 'pre-booked only' as any roof-mounted sign, however unambiguousits words, is liable to create confusion with a taxi.4.6.5 The guidance also recognises that there is a case for allowing any taxioperators, who wish to do so, to make it clear by advertising on their vehiclethat they charge less than the maximum fare.4.6.6 What is permitted or indeed prohibited to be displayed on either hackney orprivate hire vehicles in a particular borough tends to be a controversial areaof licensing controls with little or no apparent consensus between licensingauthorities. At their most basic, any such controls over the appearance ofhackney or private hire vehicles must serve to ensure that the public areeasily able to distinguish:• Licensed vehicles from unlicensed vehicles (which may be illegallyplying for trade);• Taxis (which may legally be hailed in the street or on a rank) fromprivate hire vehicles (which would be illegal and uninsured if hiredin this way).4.6.7 Within the Fylde area, both hackney and private hire vehicles are requiredto display plates (of different colours to distinguish one from the other) onboth the front and rear of the vehicle. This is a key feature in helping toidentify vehicles that are properly licensed.4.6.8 Private hire vehicles in the borough are required to display signs (suppliedby the council) which indicate that they are for private hire only and are notinsured for other uses. Notwithstanding this requirement and the differentcoloured licence plates referred to above, it is perhaps arguable that thecurrent controls do not sufficiently help to distinguish between hackney andprivate hire vehicles.4.6.9 All hackney vehicles, except for minibuses, transits, people carrier typevehicles and those with built-in roof signs, should carry roof-mounted signsindicating that they are a taxi. Similarly and in order to differentiatebetween the two types of licensed vehicle, private hire vehicles must notcarry roof-mounted signs of any kind or any references to the words “Taxi”or “Hackney”. Minibuses, transits and people carrier type vehicles, which donot have roof signs, must display the single word “Taxi” on the front andrear of the vehicle.4.6.10 Some advertising, generally limited to the proprietor’s company name, logoand telephone number along with details of fare scales or discounts chargedby the owner/proprietor will be allowed on vehicles but that the size andposition of such information be strictly controlled with such advertising beingkept to a minimum on private hire vehicles with more latitude being allowedfor hackneys. Full details of the proposals in respect of are set out in Section15 of Appendix A.14

4.7 Security/CCTV4.7.1 The DOT Draft Best Practice Guidancerecommends licensing authorities looksympathetically on or even activelyencourage the installation of securitymeasures such as a screen betweendriver and passengers or CCTV systemsas a means of providing someprotection for vehicle drivers.4.7.2 It is not proposed that such measures should be required, as part of thelicensing regime, as it is considered that they are best left to the judgementof the owners and drivers themselves. The taxi and PHV trades are,however, encouraged to build good links with the local police force, includingparticipation in any Crime and Disorder Reduction Partnerships.4.8 Application Procedures4.8.1 The application procedures for a hackney carriage or private hire vehiclelicence are not prescribed. Existing practice will, therefore, largely beretained in that applications must be made on the specified application formin accordance with the application procedure set out in Appendix C4.9 Consideration of Applications4.9.1 The Council will consider all applications on their own merits once it issatisfied that the appropriate criteria have been met and the applicationform and supporting documents are complete.4.10 Grant and Renewal of Licences4.10.1 Whilst the “norm” is for vehicle licences to be issued for 12 months, the DOTGuidance makes no recommendations in respect of the duration of Hackneycarriage or private hire vehicle licences.4.10.2 Hackney carriage or private hire vehicle licences will continue to be grantedfor a one year period from the date of grant, subject to the power to grant alicence for a shorter period, should this be appropriate in the circumstances.4.10.3 Holders of existing hackney carriage or private hire vehicle licence will bereminded, in the month preceding their expiry, when their licences are dueto be renewed. Application forms, appropriate fees, and supportingdocumentation, as set out in Appendix C should, ideally be submitted atleast 7 days prior to the expiry of the previous licence.4.11 Environmental Considerations4.11.1 The DOT guidance asks licensing authorities to consider how far their vehiclelicensing policies can and should support any local environmental policiesthat they may have adopted, bearing in mind the need to ensure thatbenefits outweigh costs (in whatever form). They suggest that authoritiesmay, for example, wish to consider setting vehicle emissions standards,perhaps by promoting cleaner fuels.15

4.11.2 Taxi and PHVs are an essential form oftransport in the Fylde area. Manypeople depend on taxis for trips thatbuses or cars are incapable of making.They are able to achieve higheroccupancy rates than a private car andso, to some extent, already play theirpart in helping to achieveenvironmental improvements in theborough. It is, however, clearlyimportant that emissions from taxisand PHVs are reduced as far aspossible.4.11.3 It is considered that efforts should be made, through the licensing policy, toimprove, as far as possible, the efficiency of vehicles licensed in the boroughby, in particular, reducing the levels of CO2 emitted. Appendix A, therefore,at 17 makes it clear that LPG conversions to vehicles are perfectlyacceptable. The policy at 4.4.5 above will, furthermore, assist in this respectby ensuring that older and therefore less efficient vehicles will no longer belicensed.4.11.4 It is further proposed that the possibility of reducing licensing fees for fuelefficientvehicle is investigated. If considered suitable, the council couldpromote the uptake initially of LPG, petrol-electric or compressed naturalgas by offering a reduction of say 20 – 25% in Private Hire and HackneyCarriage vehicle licence fees upon conversion to LPG fuel. Other alternativefuels could then be considered to qualify for a reduction in the licence fee astechnology improves.4.11.5 Clearly emissions from taxis and PHVs could be reduced further byencouraging better maintenance of vehicles and by switching off engineswhen stationary or idling, particularly at taxi ranks. It is, however, proposedthat this aspect be tackled through education and promotion.4.12 Stretched Limousines4.12.1 Stretched limousines areelongated saloon cars thathave been increasingly usedfor mainstream private hirework. The number ofstretched limousines beingimported, particularly fromthe United States, has beenincreasing. Their use generallyincludes all private hire workplus special occasions such asdays at the races, stag andhen parties and children'sbirthday parties.4.12.2 Licensing authorities are sometimes asked to licence stretched limousines asPHVs. The guidance suggests that such requests should be approached onthe basis that these vehicles have a legitimate role to play in the privatehire trade, meeting a public demand. It is suggested that licenceapplications for such vehicles should not be automatically rejected (forexample just because the vehicles may be left-hand drive).16

4.12.3 Licensing authorities have, however, generally considered there to be someproblems preventing stretched limousines from being licensed including:• some of the vehicles are capable of carrying more than eightpassengers;• many of them are left hand drive;• many are fitted with all round darkened glass;• most originate from the United States;• many have been converted or modified after manufacture;• seating space per passenger is 460mm and could give a greatercapacity than eight persons;• due to their origin many parts may not be available making adequatemaintenance difficult.4.12.4 Accordingly, many Local Authorities have been reluctant to licence thevehicles and to insist that their operators and drivers are also correctlylicensed, thereby, perhaps, putting the public at risk. Clearly, stretchedlimousines will normally fall within the Private Hire Vehicle Licensing regimefor licensing and enforcement purposes.4.12.5 Most limousines are imported for commercial purposes and are thereforerequired to take a Single Vehicle Type Approval (SVA) test. They cannot beapproved as Passenger Carrying Vehicles (PCV) because they cannot meetthe required standards for the door arrangements and means of escape inan emergency. The SVA Scheme is an Inspection Scheme for vehicles thatare not approved to British and European Standards and its purpose is toensure that these vehicles meet modern safety standards andenvironmental standards before being used on public roads. Whenpresented for SVA the vehicle is produced with a declaration that it willnever carry more than eight passengers. The importer must inform anyperson who may use it of this restriction. Any subsequent purchasers mustalso be informed of the restriction.4.12.6 The Local Government (Miscellaneous Provisions) Act 1976 defines a privatehire vehicle as a motor vehicle constructed or adapted to carry fewer thaneight passengers, other than the hackney carriage or public service vehicle,which is provided for hire with the services of the driver for the purposes ofcarrying customers. Section 48 of the 1976 Act requires that before a licenceis granted the Authority must be satisfied that the vehicle is:(i)(ii)(iii)(iv)(v)suitable in type, size and design for the use as a private hirevehicle;not of such design and appearance as to lead any person tobelieve that the vehicle is a hackney carriage;in a suitable mechanical condition;safe; andcomfortable.17

4.12.7 Stretched limousines can be licensed for private hire work providing theymay carry no more than eight passengers and meet the requirements of theAct. Possible exemptions under the 1976 Act provide that nothing should:(i)(ii)(iii)(iv)apply to a vehicle used for bringing passengers or goods withina controlled district in pursuance of a contract for the hire of thevehicle made outside the district if the vehicle is not madeavailable for hire within the district;apply to a vehicle used only for carrying passengers for hire orreward under a contract for the hire of the vehicle for a periodof not less than seven days;apply to a vehicle while it is being used in connection with afuneral or a vehicle used wholly or mainly, by a person carryingon the business of a funeral director, for the purpose offunerals;apply to a vehicle being used in connection with a wedding.4.12.8 Any stretched limousines which are not offered for private hire or whichoperate a long-term exclusive contract or are used for funeral and weddingsdo not, of course, require a licence. Some operators of these vehicles have awedding car licence insurance policy on the basis that the vehicle will beused largely during daylight hours, once or twice per week. Before licensingfor private hire, a full policy for private hire purposes will, therefore, berequired.4.12.9 In accordance with the guidance, all applications to licence stretchedlimousines as PHVs will be treated on their merits. Imported stretchedlimousine type vehicles will:• be granted an exemption from the requirement under theconditions of licence for private hire vehicles to be right handdrive;• be authorised as prestige type private hire vehicles; and• be approved for licensing as private hire vehicles subject to theadditional conditions detailed in Appendix B;4.12.10 There are obviously concerns regarding the use of darkened glass instretch limousines. It is, accordingly, considered that the glass in anywindows should allow at least 50% of light to pass through and thisrequirement has been reflected in Appendix B.4.13 Contract Vehicles4.13.1 There is no requirement for a vehicle to be licensed where it is used for acontract with an organisation/firm for a continuous period more than sevendays for carrying passengers for hire or reward under a contract for thehire of the vehicle. However this exemption only applies if the contract isfor a specific identified vehicle and allows exclusive use of that vehicleduring the contract period. Furthermore, such contracts must be in writingand there must be a minimum seven day period for the termination of thecontract. It is not, therefore, possible to have one vehicle undertakingseveral contracts or to have one contract carried out by a variety ofdifferent vehicles. In such instances a licence would be required. It shouldhowever be noted that the Road Safety Bill currently going throughparliament, if or when enacted, will secure the repeal of section 75(1)(b)18

of the Local Government (Miscellaneous Provisions) Act 1976 and contractwork will not then carry any exemption.4.14 Funeral Vehicles4.14.1 There is no requirement for a vehicle to be licensed where it is being usedin connection with a funeral, or is being wholly or mainly used by a personcarrying on the business of a Funeral Director for the purpose of funerals.4.15 Wedding Vehicles4.15.1 A vehicle does not needto be licensed while it isbeing used in connectionwith a wedding.4.15.1 Written certification fromthe Authority of therelevant exemptionclaimed is not currentlyrequired and it is notproposed to change thisarrangement.4.16 Courtesy Cars4.16.1 All vehicles with less than 8 seats that carry passengers for hire andreward must be licensed with the Local Authority. Although there has beensome legal debate regarding this particular issue, current caselaw supportsthe view that vehicles which are used as “courtesy cars”, i.e. fortransporting customers to and from hotels, night-clubs, etc. are beingprovided for hire and reward in the course of business, irrespective ofwhether or not a charge is made for such service. They should, accordinglybe licensed with the local authority as should their “operator”.4.16.2 Those operating “courtesy cars”, i.e. for transporting customers to andfrom hotels, night-clubs, etc should have an operator’s licence, and thevehicle and the driver must be appropriately licensed.4.17 Livery4.17.1 Whilst some licensing authorities, notably the major cities andconurbations, require their hackney vehicles to conform to particularrequirements in terms of livery and markings, in order that they may beeasily identified, such an imposition is not considered appropriate in theFylde area. It is considered that the visual distinction between hackney andprivate hire vehicles can, over time, be achieved broadly by allowing areasonable amount of signage on hackneys and restricting it on privatehire vehicles. (see Appendix A)19

5 DRIVERS5.1 Parallel Procedures5.1.1 The statutory and practical criteria and qualifications for a private hire driverare broadly identical to those for a hackney carriage driver. The sectionsbelow, therefore, apply equally to private hire and hackney carriage drivers.5.2 Dual Licences5.2.1 This Council has always required that separate driver’s licences be held inrespect of hackney carriage and private hire vehicles. There is, however,nothing, in law, that prevents the granting of dual licences that serve as alicence to drive both types of vehicle.5.2.2 Although the present system of two separate licences works well, it doespreclude some drivers, who may wish to do so, from electing to obtain onesingle licence that will provide them with the flexibility to drive eitherhackney or private hire vehicles on any particular occasion. As well as theprivate hire and hackney driver’s licence a new category of Dual Driver’sLicence will be introduced to provide increased choice for those drivers, whomay wish obtain one single licence that will allow them to drive eitherhackney or private hire vehicles. Whilst such a change may have someadverse effect on the revenue generated from issuing driver’s licences, it isconsidered that relatively few drivers would be affected by this change andthat any reduction in income could be ameliorated by amendments to thefees and charges levied for driver’s licences.5.3 Age and Experience5.3.1 The guidance recommends against setting a maximum age limit for driversprovided that regular medical checks are made on them. It also considersthat minimum age limits, beyond the statutory periods for holding a fulldriver licence are inappropriate, advising that applicants should be assessedon their merits.5.3.2 A licence to drive a hackney carriage or private hire vehicle will not begranted to a person who is under 20 years of age. In addition, a licence willnot be granted to anyone over 20 who has not held a full driving licence fora period of one year.5.3.3 In relation to those persons over 65, reference should be made to Section5.6 below.5.4 Topographical Knowledge (Driver Knowledge Tests)5.4.1 Taxi drivers clearly need a good working knowledge of the area for whichthey are licensed, because taxis can be hired immediately, directly with thedriver, at ranks or on the street. The DOT recognises that most authoritiesrequire would-be taxi-drivers to pass a test of local topographical knowledgeas a condition of first grant of a licence. (The stringency of the test reflectingthe complexity or otherwise of the local geography, on the principle ofensuring that barriers to entry into the trade are not unnecessarily high).5.4.2 It is argued that such topographical knowledge is, perhaps, not quite soimportant for private hire drivers as PHVs are not legally available forimmediate hiring in the same way as taxis. (To hire a PHV the would-bepassenger has to go through an operator, so the driver has an opportunityto check the details of a route before starting a journey). It is, however, not20

envisaged that the Knowledge Test for this area will be particularly complexor onerous. It will be used to simply establish that new applicants have arudimentary knowledge of the geography and issues involved for examplethat they are able to demonstrate that they can read a map and have areasonable knowledge of key items such as main roads and shopping areas.On balance, therefore, it is considered that a Knowledge Test should applyto new applicants for both hackney and private hire driver’s licences albeitthat the simpler versions of such tests will be used in the case of privatehire applicants.5.4.3 In order to maintain the high standards that the Authority expects of itsdrivers, a licence to drive a hackney carriage or private hire vehicle will notbe granted, unless the authority is satisfied that they are a fit and properperson. In this context a driver’s ability to find destinations and read A to Zmaps is seen as a fundamental skill in providing a quality service forpassengers.5.4.4 In order to determine such fitness, new applicants be required todemonstrate basic standards of spoken English and undertake a written testas to their knowledge of:(a)(b)(c)Local geography;The Highway Code;The Hackney Carriage and Private Hire licensing law;The procedures in relation to the above are set out in Appendix G.If requested, a verbal test will be made available for those applicantswithout the necessary literacy skills to complete a written test.5.4.5 The cost of setting up and operating the above mentioned test will be fundedby a fee of £15 per test undertaken or re-taken.5.5 Driving Proficiency and Qualifications5.5.1 The Driving Standards Agency provides a driving assessment specificallydesigned for taxis drivers. Whilst most licensing authorities rely on thestandard car driving licence as evidence of driving proficiency, othersrequire the above mentioned DSA or some further driving test to be taken.Authorities considering this route are asked to be mindful as to whether ornot this produces benefits, which are commensurate with the costs involvedfor would-be drivers, in terms of both money and broader obstacles to entryto the trade. Similarly there are nationally recognised vocationalqualifications for the taxi and PHV trades. These cover customer care,including how best to meet the needs of people with disabilities and theremay be advantages in at least encouraging drivers to obtain one of these.5.5.2 It is believed that the standard car-driving test provides sufficient evidenceof driving competency for the drivers of taxis and private hire vehicles inthis area. It is considered that introducing a requirement that drivers passthe specific DSA test or indeed any other competency qualification would notproduces benefits which are commensurate with the costs involved.21

5.6 Medical Examinations5.6.1 The DOT recognises that it is clearlygood practice for medical checks tobe made on each driver as acondition for the initial grant of alicence and thereafter for eachrenewal. Adopting 'Group 2' medicalstandards as applied by DVLA to thelicensing of lorry and bus drivers andapplying the C1 standards to taxiand PHV drivers with insulin treateddiabetes is considered to be bestpractice.5.6.2 A medical examination by a GP, to assess an applicant’s fitness to drive alicensed vehicle, is required before a licence may be granted. A DVLA Group2 standard of medical fitness for professional drivers is required. The C1standards will be applied to taxi and PHV drivers with insulin treateddiabetes.5.6.3 A request for a medical examination, which may be presented to theapplicant’s GP, is obtainable from the Licensing Office. The applicant will beresponsible for paying the fee for the examination to the relevant surgery.On completion of the examination, a confidential report will be submitted tothe Licensing Office. The applicant may, on request, have a copy of thereport.5.6.4 Existing licence holders of 65 and over must be examined annually.5.6.5 Holders of current PSV and/or HGV Licences, where the holder is able toproduce proof of current medical examination, will not be required toundergo a further medical examination.5.6.6 Licence holders must advise the Council of any deterioration in their healththat may affect their driving capabilities.5.6.7 Where there is any doubt as to the medical fitness of an applicant, theCouncil may require them to undergo and pay for a further medicalexamination by a Doctor appointed by the Council.5.6.8 Where there remains any doubt about the fitness of any applicant, thePublic Protection Committee will review the medical evidence and make anyfinal decision in light of the medical evidence available.5.7 Criminal Record Bureau (CRB) Disclosures5.7.1 A criminal record check on a driver is seen as an important safety measure.The DOT considers that such checks should be at the level of EnhancedDisclosure through the Criminal Records Bureau as these disclosures includedetails of spent convictions and police cautions. Obtaining Criminal RecordsBureau disclosures when a licence is first applied for and then every threeyears, even if a licence is renewed annually is recommended as BestPractice in this area. Drivers would, however, be obliged to report all newconvictions to the Authority.5.7.2 The Rehabilitation of Offenders Act 1974 sets out the period after which aconviction is regarded as “Spent” and which would not normally necessitatedisclosure of that conviction. However, in 2002 the Rehabilitation of22

Offenders Act 1974 was amended so as to exclude hackney carriage driversand private hire drivers from the effects of the 1974 Act. Applicants for suchlicences are, therefore, now required to disclose all convictions, includingthose that would previously have been regarded as spent under the 1974Act.5.7.3 Before an application for a driver’s licence will be considered, the applicantmust provide a current (less than 3 months old) Enhanced CRB Disclosure ofcriminal convictions or a certificate of good conduct from the relevantembassy in the case of an overseas applicant.5.7.4 The Council is an approved Criminal Records Bureau body; therefore,applicants can deal with the Criminal Records Bureau through the Counciland will be charged an appropriate fee.5.7.5 Currently an Enhanced CRB Disclosure of criminal convictions in respect ofeach licensed driver of a hackney carriage or private hire vehicle is currentlyrequired annually. In future, such disclosures may be submitted to theCouncil at least every 3 years, where applicants have no convictions withinthe previous 5 years bearing in mind that the Council can request anotherdisclosure at any time if a further check is considered necessary. Licenseddrivers are obliged to notify the council without delay of any criminalconvictions. Where criminal records are not being checked every 12 months,it is clearly more important that this requirement is strictly adhered to andaccordingly any breaches of this requirement will immediately become thesubject of a disciplinary hearing where a firm line will be taken with thelicence holder.5.7.6 In moving to a regime which allows for a CRB check, on drivers withoutprevious convictions, every 3 years, it is considered that some additionalcontrols be introduced. These include the introduction of a system of randomCRB checks on drivers, the costs of which could be met through a smallincrease in licence fees and a requirement that, each year of their 3 yearlicence, the licence holder be required to formally confirm (by signing adeclaration) both their licence details and the fact that they have not beenconvicted of any offence. In addition, any drivers with a record of a seriousoffence (see Appendix F) in the previous 5 years would only be granted aone year licence and would be required to provide a CRB check annually untilsuch time as the date of the offence was more than 5 years old.5.7.7 The Council is bound by rules of confidentiality, and will not divulgeinformation obtained to any third parties. The Applicant for a CRB disclosurewill be sent a separate disclosure report to their home address, while theCouncil will also receive a copy of the report.5.8 Relevance of Convictions and Cautions5.8.1 The guidance recommends that in considering an individual's criminalrecord, authorities be encouraged to consider each case on its merits, but totake a particularly cautious view of any offences involving violence, andespecially sexual attack. Authorities are recommended to have a clear policyfor the consideration of criminal records. For example, the number of yearsthey will require to have elapsed since the commission of particular kinds ofoffences before they will grant a licence. Such policies should encompassapplicants from elsewhere in the EU and other overseas countries through,for example, by requiring a certificate of good conduct authenticated by therelevant embassy.23

5.8.2 In relation to the consideration of convictions and cautions recorded againstpersons the Council will operate within the policy set out in Appendix Funder Relevance of Convictions.5.8.3 In assessing whether the applicant is a fit and proper person to hold alicence, the Council will consider each case on its merit. They will takeaccount of cautions and convictions, whether spent or unspent, but only inso far as they are relevant to an application for a licence. Upon receipt of adisclosure from the Criminal Records Bureau, the Licensing Officer willassess whether any or all of the spent convictions are capable of having realrelevance to the issue of whether or not the applicant is a fit and properperson to hold a licence.5.8.4 In relation to cautions, the Council will have regard to the class and age ofthe offence and the age of the applicant when the offence occurred, whenconsidering their relevance to an application. Cautions given more than oneyear before the date of application will generally be treated as irrelevant.5.8.5 In relation to previous convictions, the Authority will have regard to thefollowing:(i)(ii)(iii)(iv)Whether the convictions are spent or unspent;The class of the offences;The age of the offences;The apparent seriousness, as gauged by the penalty.5.8.6 Guidance in relation to specific offences, along with a summary of theprinciples of the Rehabilitation of Offenders Act 1974, is given in Appendix F.In general terms, the more recent, serious and relevant to public safety theoffence is, the less likely that an application shall be granted.5.8.7 In particular, applications will be referred to the Public Protection Committeewhere the applicant’s record includes one or more of the following:• Any term of imprisonment or custody;• Any conviction for a violent or sexual offence, or dishonesty, whichis of a serious nature;• Any serious motoring offence, such as dangerous driving, drivingwhilst disqualified, or drink driving;• More than nine points have been acquired on their DVLA DrivingLicence.5.9 Application Procedure5.9.1 An application for a hackney carriage or private hire driver’s licence must bemade on the specified application form. The application procedure is set outin Appendix D.5.10 The Consideration of Applications5.10.1 No formal policy has been adopted in respect of the relevance of specificcriminal convictions in relation to applications for hackney carriage andprivate hire driver’s licences. The Authority has, however, generally workedto the guidelines set out in the DOT Circular 2/92 and HO Circular 13/92 inassessing the relevance of specific criminal convictions to a particularapplication.24

5.10.2 The Council will consider each application on its own merit once theappropriate tests have been undertaken, and the application form andsupporting documents are complete. The relevant elements of the procedurefor considering the merits of the application, based on the guidance set outin the above mentioned circulars, are now set out more formally in AppendixF.5.11 Grant and Renewal of Licences5.11.1 The DOT guidance recognises that it is important, for safety reasons, thatdrivers should be licensed but advises that it is not necessarily good practiceto require licences to be renewed annually. It sees this requirement asimposing an undue burden on drivers and licensing authorities alike. Threeyears is the legal maximum period allowed for a licence and is in generaladvocated as the best approach.5.11.2 It is however recognised that some drivers may prefer an annual licencebecause they have plans to move to a different job or to a different area, orbecause they cannot easily pay the fee for a three-year licence. Goodpractice would, therefore, be to offer drivers the choice of an annual licenceor a three-year licence.5.11.3 The licensing of hackney carriage and private hire drivers is governed bySection 53 of the Local Government (Miscellaneous Provisions) Act 1976.This provides that these licences shall remain in force for three years fromthe date of such licence or for such lesser period as may be determined.5.11.4 If licences were issued on a 3 yearly basis with the fee adjusted to suit,there could be no overall change to income received. Furthermore, it couldbe argued that such a change would benefit the Council by enablinglicensing administration procedures to be streamlined. The fee would berefundable, pro rata, if a driver subsequently relinquished his/her licence.Hackney carriage and private hire driver licences are, therefore, to be issuedfor a period of three years rather than annually, subject to the power togrant a licence for a shorter period, should this be appropriate in thecircumstances. Applicants who would prefer an annual licence will be able toapply for such a licence at a lesser fee.5.11.5 Holders of existing hackney carriage or private hire driver’s licence will bereminded, in the month preceding their expiry, when their licences are dueto be renewed. Application forms, appropriate fees, and supportingdocumentation, as set out in Appendix D, must be submitted at least 7 daysprior to the expiry of the previous licence.5.11.6 Applicants for renewal of a hackney carriage or private hire driver’s licenceare required to provide a current (less than 3 months old) enhanced criminalrecord check from the Criminal Records Bureau every third year. Applicantswho are aged 65 or over must provide evidence of their medical fitness tohold a licence upon renewal each year.5.12 Conditions of Licence5.12.1 The Authority is not permitted to attach conditions to a hackney carriagedriver’s licence. It is, however, empowered to attach such conditions to aprivate hire driver’s licence as are considered necessary.5.12.2 It could be argued that many of the requirements prescribed within theHackney bye-laws are effectively hackney carriage driver’s licenceconditions. Fylde’s bye-laws were, however, enacted over 30 years ago and25

do not, therefore, impose any controls over many aspects of a driver’sconduct when operating a hackney vehicle. Amending bye-laws is,nevertheless a complex and lengthy process with inherent restrictions. It is,accordingly, not proposed to seek such amendments as part of this reviewprocess.5.12.3 It is considered that the conditions set out in Appendix H are reasonablynecessary and appropriate for all licensed drivers but accepted that theymay only be legally imposed in respect of private hire drivers.5.13 Convictions5.13.1 Where offences, leading to conviction, arecommitted by licensed drivers, it is important,in the interests of consistency andtransparency, that a procedure should be inplace to consider what effect this should haveon their hackney or private hire driver’slicence.5.13.2 Drivers, who are convicted of any criminal or motoring offence during thecurrency of their hackney or private hire driver’s licence, must disclose theconviction and the penalty involved to the Authority within seven days. Forthese purposes, a fixed penalty motoring offence amounts to a conviction.5.13.3 Breaches of the relevant legislation or conditions attached to driver,operator and vehicle licences which may come to light following complaints,enforcement action or investigations will be dealt with following the generalprincipals set out in Appendix L which is supplementary to any penaltypoints scheme which may be in operation.5.14 Code of Good Conduct5.14.1 Adopting a Code of Good Conduct for hackney carriage and private hiredrivers serves to promote the Council’s licensing objectives in respect of thehackney carriage and private hire trades.5.14.2 The Council considers that a professional driver should not charge above themaximum fare, should adopt safe and passive driving techniques and set agood example to other road users. The standards expected of licenseddrivers are set out in the Code of Good conduct, included in this policydocument at Appendix I, which should be read in conjunction with the otherstatutory and policy requirements set out in this document5.15 Driver’s Dress Code5.15.1 Anything that serves to enhance the professional image of the hackneycarriage and private hire trade, and promotes the concept that drivers oflicensed vehicles are vocational drivers is to be welcomed.5.15.2 It is considered that, in order to raise the profile of the licensed trade,drivers should operate, at all times in a professional manner and conform toa minimum standard of dress. which is detailed at Appendix J. The Authoritywill not impose such standards by way of conditions to any licence. It isexpected, however, that such standards will be maintained at all times.Failure to comply with the Dress Code will, accordingly, render a licenseddriver liable to the issue of penalty points under the scheme set out inAppendix N26

6 DISCIPLINARY AND ENFORCEMENT MEASURES6.1 Enforcement6.1.2 It is recognised that well-directed enforcement activity by the Authoritybenefits not only the public but also the responsible members of the taxiand PHV trades. The DOT accepts that the resources devoted by licensingauthorities to enforcement will vary according to local circumstances. Theyremind authorities, however, that it is desirable to ensure that taxi and PHVenforcement effort is at least partly directed to the late night period, whenproblems such as touting tend most often to arise.6.1.3 In pursuance of its objective to encourage responsible hackneycarriage/private hire businesses, the Council will operate a firm but fairdisciplinary and enforcement regime. With a view to balancing thepromotion of public safety with the need to permit individuals to safeguardtheir livelihood without undue interference, the Authority will only intervenewhere it is necessary and proportionate to do so, having regard to theobjectives outlined in section 2.2.1 of this document.6.1.4 The Taxi Licensing and Enforcement Policy & Practice set out at Appendix Kwill be used to ensure that its enforcement effort is reasonable, transparentand well directed.6.2 Disciplinary Hearings6.2.1 Disciplinary matters, except in thecase of breaches of vehiclerequirements, will ordinarily bereferred to the Authority’s PublicProtection Committee. One of thefunctions of this Committee is toconsider the impact oftransgressions of the law on thefitness of an individual to hold ahackney carriage or private hirelicence, and to take the actionappropriate to the circumstances.The procedures, adopted in respect of Disciplinary Hearings, are set out inAppendix M.6.3 Penalty Points Scheme6.3.1 Whilst the operation of a successful Hackney Carriage and Private Hirevehicle service is important to the economic well-being of the Borough, it isequally important that the service provided by the trade is properlyregulated in order to instil confidence in the travelling public who wish to usethe service.6.3.2 The Council clearly has a responsibility to ensure that all drivers, owners andoperators of vehicles adhere to basic minimum standards and to do this in aconsistent and transparent manner. These standards are defined bylegislation, licence conditions, codes or bye-laws adopted by the Council.Together they identify what is required of the trade and help to ensure thata consistent approach is taken, by Council Officers, in their application.27

6.3.3 A number of licensing authorities have found that an effective means ofapplying the conditions at a local level is through the adoption of a penaltypoints scheme. This acts as a first step in ensuring compliance with theconditions, and serves as an “early warning” system to drivers and ownersor operators who see fit to ignore their responsibilities or fail to meet therequirements of the conditions. Points are accumulated on a sliding scaledependent upon the type of offence or breach of licence conditions. Thesepenalty points then remain "live" for a period of say a year or two yearsfrom the date they are imposed so that only points accumulated in, forexample, a rolling 24 months period are taken into account. If a driver,proprietor or operator accumulates, for example, twelve or more pointswithin a period of two years from the date they are imposed, he/she wouldthen be brought before the Council's Public Protection Committee or a panelof the committee who would have a range of punishment options open tothem, depending on circumstances.6.3.4 It is believed that the introduction of a penalty points scheme will assist thetrade in maintaining its high standards. such a system will, therefore, beintroduced and is set out more fully in Appendix N. Adoption of the PenaltyPoints System will not however compromise the Council’s ability to enforcebreaches of statute or local conditions in the Courts should an offencewarrant such action.6.4 Range of Powers6.4.1 The Council may take any of the steps below, upon receipt of evidence thatan offence has been committed in relation to a hackney carriage licence orprivate hire driver’s licence. A breach of a condition or of the HackneyCarriage and Private Hire Licensing Policy amounts to an offence in thiscontext.6.4.2 Suspension• Suspension of the Licence;• Revocation of the Licence;• Refusal to Renew;• Issuing of Warnings or Cautions;• Prosecution.(i)VehiclesHackney carriage vehicles and PHVs must be kept at all times in an efficient,safe, tidy and clean condition. Compliance with the vehicle specificationsand conditions is essential and will be enforced by periodic, random vehicleinspections by the Authority. Where it is found that any vehicle is not beingproperly maintained, a defect(s) notice will be served on the proprietorsetting out the defect(s) and where public safety is likely to be imperilled,the further use of the vehicle will be suspended (stop notice) until thedefects have been remedied. The suspension will then not be lifted until thevehicle has undergone a further test, at the proprietor’s expense and beenpassed as fit for use as a hackney carriage/PHV.(ii)DriversThe Authority may exercise its discretion to suspend the operation of adriver’s licence for a specified period. Such action will, however, only betaken after a hearing before the Public Protection Committee.28

6.4.3 RevocationWhere a licence holder has been referred to the Public Protection Committeebecause he/she has been convicted of a serious criminal offence, or hasaccumulated 12 penalty points or more under the Authority’s penalty pointssystem, the Committee may order the revocation or suspension of thelicence.6.4.5 Refusal to RenewAs an alternative to revocation, the Committee may decide that theappropriate action, in a situation where the licence is shortly to expire, is toorder that the licence shall not be renewed.6.4.5. Issuing of Warnings and CautionsAs a method of dealing with less serious matters, the Authority will issuewarnings and cautions as are appropriate to the circumstances. Minor orfirst-time transgressions are likely to attract either an oral or writtenwarning. Repeated or more serious conduct is likely to lead to the issuing ofa formal caution, provided:6.4.6 Prosecution7 OFFENCES• there is sufficient evidence to justify a prosecution;• the licence holder admits his/her guilt;• the licence holder agrees to be cautioned.The Authority will usually prosecute licence holders for relevant offences inthe following circumstances:• where the allegation is of a serious or repeated offence;• where the Authority proposes to caution the licence holder, but theoffence is not admitted, or the caution accepted.7.1 Offences in relation to hackney carriages are derived from the followingsources:• Town Police Clauses Act 1847 (Hackney only);• Local Government (Miscellaneous Provisions) 1976 (Hackney andPrivate Hire);• Transport Act 1980 (Private Hire Only);• the Hackney Carriage and Private Hire Licensing Policy (Hackneyand Private Hire).The relevant offences under the 1847 Act, the 1976 and the 1980 Act areset out in Appendix O.29

8 DELEGATED POWERS8.1 Public Protection Committee8.1.1 The Public Protection Committee of the Fylde Borough Council is responsiblefor the management of the hackney carriage licensing regime in the district,along with the formulation and review of its policy in this regard.8.2 Delegated Functions8.2.1 The Public Protection Committee has delegated responsibility for exercisingthe council’s functions in respect of the following:• Sections 47, 57, 58 60 and 79 of the Local Government(Miscellaneous Provisions) Act 1976; and as to private hirevehicles, sections 48, 57, 58, 60 and 79 of the Local Government(Miscellaneous Provisions) Act 1976.• Power to licence drivers of hackney carriages and private hirevehicles under sections 51, 53, 54, 59, 61 and 79 of the LocalGovernment (Miscellaneous Provisions) Act 1976.• Power to licence operators of hackney carriages and private hirevehicles under Sections 55 to 58, 62 and 79 of the LocalGovernment (Miscellaneous Provisions) Act 1976.Accordingly it will deal with applications and disciplinary matters referred toit by Licensing Officers.8.2.2 The Council’s Consumer Wellbeing & Protection Unit Business Manager hasdelegated responsibility, in so far as it relates to hackney carriage or privatehire, in respect of the licensing and registration functions of the Councillisted in Schedule 1 to the Local Authorities (Functions and Responsibilities)(England) Regulations 2000 (as amended) for:-• Deciding applications for authorisations, registration, consents, licences orcertificates of approval;• Serving notices and take consequential action, including carryingout work in default;• Issuing formal cautions;• Recommending to the Unit Business Manager (Legal & DemocraticServices) the institution of legal proceedings;• Authorising officers to exercise statutory functions (includingpowers of entry and obtaining warrants).Through this delegation, Licensing Officers, on behalf of the ConsumerWellbeing & Protection Unit Business Manager, have power to grant orsuspend licences, but not to refuse or revoke them. Officers also have powerto issue oral and written warnings, and cautions, and may instigateprosecutions wherever appropriate.30

9 PRIVATE HIRE OPERATORS9.1 Requirements & Obligations9.1.1 Any person who operates a private hire service (who is not also a hackneycarriage proprietor who permits hackney carriages to be used for privatehire) must apply to the Authority for a Private Hire Operator’s Licence. Theobjective in licensing PH Operators is the safety of the public, who will beusing operators' premises and vehicles and drivers arranged through them.But again, best practice, in respect of the controls required over PHoperators, is to ensure that the costs of any licence requirements arecommensurate with benefits that they seek to achieve.9.1.2 A private hire vehicle may only be despatched to a customer by a privatehire operator who holds an operator’s licence. Such a licence permits theoperator to make provision for the invitation or acceptance of bookings for aprivate hire vehicle. A private hire operator must ensure that every privatehire vehicle is driven by a person who holds a private hire driver’s licence.9.1.3 Applications for operator’s licences must be made on the prescribed form,together with the appropriate fee. The Authority will then decide whether theapplicant is a fit and proper person to hold an operator’s licence.9.2 Criminal Record Checks9.2.1 Private hire operators (asopposed to PHV drivers) arenot exceptions in respect ofthe Rehabilitation ofOffenders Act 1974, soStandard or Enhanceddisclosures cannot berequired as a condition ofgrant of an operator'slicence. A Basic Disclosurefrom the Criminal RecordsBureau or a certificate ofgood conduct from therelevant embassy foroverseas applicants is, nevertheless, seen as appropriate. A reference,covering for example the applicant's financial record, as well as or instead ofthe checks outlined above is also seen as useful.9.2.2 Before an application for a PHV operators licence will be considered, theapplicant must provide a current (less than 3 months old) Basic CRBDisclosure of criminal convictions or a certificate of good conduct from therelevant embassy in the case of an overseas applicant.9.3 Conditions9.3.1 The Authority has power to impose such conditions on an operator’s licence,as it considers reasonably necessary..9.3.2 The standard conditions set out in Appendix P are those considered to bereasonably necessary.31

9.4 Record Keeping9.4.1 Requiring operators to keep records of each booking, including the name ofthe passenger, the destination, the name of the driver and the number ofthe vehicle is accepted as good practice. This would, for example, enablepolice checks to be made if any mishap should befall a passenger.9.4.2 The conditions referred to at 9.3 above (and set out in Appendix P) include arequirement that comprehensive records are kept in respect of all bookings,vehicles and drivers.9.5 Insurance9.5.1 It is considered appropriate for an Authority to check that appropriate publicliability insurance has been taken out for premises that are open to thepublic.9.5.2 Before an application for a PH Operators Licence is granted, the applicantmust produce evidence that they have taken out appropriate public liabilityinsurance for the premises to be licensed.9.5.3 The conditions for Private Hire Operator’s Licences, set out in Appendix Prequire that the operator produces an appropriate certificate of motorinsurance which covers every private hire vehicle they operate as well asappropriate public liability insurance for their premises.9.6 Licence Duration9.6.1 The DOT considers that annual licence renewal is not necessary orappropriate for PH Operators, whose involvement with the public is lessdirect than a driver (who will be alone with passengers). They recommend,as good practice, that a licence period of five years would be reasonable.9.6.2 It is considered that 5 years is a long time in the context of the life of abusiness of this type. A successful applicant will, therefore, be granted a PHoperators licence, for a three-year period from the date of grant, subject tothe power to grant a licence for a shorter period, should this be appropriatein the circumstance.9.6.3 Applicants for renewal of a PHV operators licences are required to provide acurrent (less than 3 months old) basic criminal record check from theCriminal Records Bureau every third year.9.6.4 Holders of existing PH operators licences will be reminded, in the monthpreceding their expiry, when their licences are due to be renewed.9.7 Address from which an Operator may operate9.7.1 Upon grant of an operator’s licence, the Authority will specify the addressfrom which the operator may operate. The operator must notify theAuthority in writing of any change of his/her address, (whether this is ahome address or the address from he/she operates) during the period of thelicence, within 7 days of such change taking place.9.8 Bases outside the Fylde Borough Council Area9.8.1 The Authority will not grant an operator’s licence for an operator with anoperating base that is outside the Fylde Borough Council area. This is toensure that proper regulation and enforcement measures may be taken bythe Authority and is in no way intended to be a restraint of trade.32

10 FARES10.1 General10.1.1 Licensing authorities have thepower to set taxi fares forjourneys within their area (thereis no power to set PHV fares). TheDOT sees it as good practice toreview the fare scales at regularintervals, including any graduationof the fare scale by time of day orday of the week. It suggests thatin doing so authorities should payparticular regard to the needs ofthe travelling public, withreference both to what it isreasonable to expect people topay but also to the need to give taxi drivers sufficient incentive to provide aservice at the times when it is needed. It recognises that there may well bea case for higher fares at times of higher demand.10.1.2 Taxi fares are a maximum, and in principle are open to downwardnegotiation between passenger and driver. Such negotiations are, however.to be discouraged at ranks or for on-street hailings as they could lead toconfusion and security problems. Local licensing authorities are,nevertheless, advised that they can usefully make it clear that publishedfares are a maximum, especially in the context of telephone bookings,where the customer benefits from competition. There is more likely to be achoice of taxi operators for telephone bookings and there is scope fordifferentiation of services to the customer's advantage (for example, lowerfares off-peak or for pensioners).10.1.3 Consideration has been given the introduction of a tariff formula by whichfares are set annually. These have been used by some licensing authoritiesand usually involve timetabling annual tariff reviews to coincide with therelease of national statistics on relevant factors e.g. average earnings,motoring costs or fuel prices. Such an arrangement would bring changescompared to present practice as the review would be triggered as a matterof course and an agreed formula would then be applied. This then results inthe publication of either tariff proposals or a maximum percentage increasein fares above which the authority would not consider any applications.However, although a number of authorities have introduced differentformulae in an attempt to ensure that tariffs are automatically updated,most are very complex and none seem to have gained universal acceptance.In any event, all the formulae are generally used to give is a maximumpercentage rise in fares above which the Council will not consider anyapplication for a tariff review. None of the formula seen can be used to setthe various individual elements that make up a taxi fare (ie base rate + firstflag drop + subsequent flag drops) An example of one of the morecommonly used schemes,, the “Brighton and Hove Formula”, is provided byway of information at Appendix R. It appears, however, unfortunately to becapable of being interpreted in different ways with differing results.33

10.2 Prescribed rates10.2.1 The driver of a hackney carriage vehicle, whether by agreement orotherwise, must not charge any fare greater than the rate prescribed by theCouncil. The driver/operator of a private hire vehicle (on the other hand)may make their own agreement with the hirer as to the fare for a particularjourney.10.2.2 There are, however, no provisions in the relevant legislation or this policy,which prevent the driver of a hackney carriage or private hire vehicle fromcharging less than the fare shown on the meter.10.2.3 It is not proposed to introduce provisions that would prevent the driver of ahackney carriage or private hire vehicle from charging less than the fareshown on the meter.10.3 Table of Fares10.3.1 The maximum fares currently prescribed by the Authority are set out inAppendix Q. A table of authorised fares will be provided to each hackneycarriage licence holder which must then be displayed in each vehicle so thatit is easily visible to all hirers.10.4 Review10.4.1 Fares rates are currently, normally only reviewed by the Council followingrepresentations from the trade or from a particular sector of the trade. Asexplained in 10.1.1 above, however, guidance recommends that authoritiesshould regularly review the scale of fares that operate in their area.10.4.2 Although the views of the taxi trade were sought on this important aspect oftaxi licensing, no consensus view emerged regarding the formula whichshould be used to set tariffs. In general the trade supported proposals toreview fares annually and wished to see some simple formula used to helpthe counil determine the level of fare increases.Fare scales will, accordingly, be reviewed no more than once per yearbetween January and March with any change agreed being implemented on1 st April following. In reviewing the scale of maximum fares to be chargedlocally, consideration will be given to the percentage by which the “NationalAverage” of Tariff One and Tariff Two, 2 mile journey fares (as published inPrivate Hire & Taxi Monthly magazine) increased over the previous calendaryear (i.e. January to January). In general, this average percentage willconstitute the maximum Tariff One and Tariff Two percentage increase infares above which the authority would not generally consider any applicationfor a tariff increase.10.5 Receipts10.5.1 A hackney carriage driver must, if requested by the passenger, providehim/her with a written receipt for the fare paid.34

11 FEES11.1 Fee Structure11.1.1 The guidance does not deal with the issue of licensing fees at all. It is,however, generally recognised that the fees set for all hackney carriage andprivate hire licences should be such as to ensure that the costs of theservice, including the cost of issue and administration will, so far as possiblebe met from fee income. It is, on the other hand, not lawful for the Councilto seek to make a profit from licence fees that are within its discretion. Inparticular, with regard to the fees charged for hackney carriage and privatehire vehicle and operator licences, the legislation provides that these shouldbe sufficient to cover the costs of inspecting the vehicles, providing hackneycarriage stands, and administering the control and supervision of hackneycarriages and private hire vehicles.11.1.2 Comparison of Fylde’s licence fees with other local authorities shows them tobe generally on the low side, particularly in respect of both operators andvehicles, particularly when the costs of vehicle inspection are removed fromthe vehicle licence fee.11.1.3 The fees payable for the grant and renewal of hackney carriage and privatehire licences are set out in Appendix S. The fee structure will be reviewedannually as part of the budgetary process and licence holders will be notifiedof any changes. Notice of the current scale of fees will be supplied to newapplicants at the time of application.11.1.4 The fee for a private hire operator’s licence is currently the same (£130)irrespective of whether the operator has just one vehicle or forty in theirfleet. In the interests of fairness, therefore, the fee structure for private hireoperators will be reviewed to incorporate a sliding scale through which thelicence fee increases, in bands, based on the number of vehicles operated.11.2 Payments11.2.1 Fees for licences, deposits or vehicle inspections must be made payable tothe Fylde Borough Council.11.3 Payment Refunds and Transfers11.3.1 Currently, applicants for a new driver’s licence do not pay for theirapplication until it has been granted. Unlike most authorities Fylde do notcurrently make any charge for transferring a vehicle licence and providerefunds of vehicle licence fees when licence holders change or sell theirvehicles or cease to operate.11.3.2 In common with most types of licence, the appropriate fee will be paid whenthe application is submitted and that a charge of £25 be introduced to coverthe administrative costs associated with the transfer of a vehicle. In thecase of vehicle licences, where licence holder’s surrender their licence priorto their expiry date the Authority do not make any refunds in respect of theunexpired portions of the licence fees.35

12 TAXI RANKS12.1 Appointed Ranks12.1.1 A number of ranks for hackneycarriages have beendesignated within the FyldeBorough Council area andthese are listed in Appendix T.12.1.2 The number and position oftaxi ranks within the boroughhas not been reviewed forsome time. As part of theconsultation process commentswere invited from both thetrade and the public on theneed for additional ranks inspecific locations, the potentialfor re-locating or extendingexisting ranks or indeedarguments for the removal ofranks which no longer fulfil auseful purpose.As a result of suchconsultation, it is recognisedthat an urgent review of theprovision of taxi ranks should be undertaken, in consultation with the taxitrade, with a view to further facilities being made available.12.2 Waiting on Stands12.2.1 It is an offence for any person to cause or permit any vehicle other than ahackney carriage to wait on any stand for hackney carriages. Drivers ofhackney carriages may only wait on a stand whilst plying for hire or waitingfor a fare; drivers who park on a stand and leave their vehicle unattendedare committing an offence.36

APPENDIX AVEHICLES - SPECIFICATIONS AND CONDITIONS OF LICENCE1 GENERAL1.1 All licensed vehicles shall comply in all respects with the requirements set outbelow as appropriate for the type of vehicle (Hackney or private hire). This isin addition to all requirements of the Road Traffic legislation, which relates toall motor vehicles. All hackney carriage vehicles will also be subject to therequirements of the bye-laws made in respect of hackney carriages in so faras they relate to vehicles.1.2 All vehicles shall have an appropriate “type approval” which is either a :-i) European Whole Vehicle Type approval;ii) British National Type approval; oriii) British Single Vehicle Approval.It is also recommended that vehicles with Euro NCAP star ratings of 4 or moreshould be considered when purchasing a new vehicle.1.3 All vehicles shall be capable of carrying not less than 4 passengers, be fittedwith a right hand drive and shall have an engine size not less that 1298cc.1.4 All vehicles shall comply with all construction and use/ type approvalrequirements applicable to it.1.5 All vehicles shall be either a purpose built taxi, or a 4-door saloon, hatchbackor 5-door estate/ multi-passenger vehicle. Except that a private hire vehicleshall not be of the London Taxi type.1.6 All vehicles, other than stretched limousines that also meet at least the Euro 1emissions standards, shall be less than twelve years old from the date ofmanufacture.1.7 Vehicles should have no damage affecting the structural safety of the vehicleand must not have been written off for insurance purposes at any time.1.8 Sufficient means shall be provided by which any person in the vehicle maycommunicate with the driver.1.9 All vehicles shall at all times be maintained in sound and roadworthy conditionand serviced according to the manufacturer’s recommendations.1.10 No vehicle must be fitted with ‘bull bars’ or other modification that increasesthe risk to passengers, pedestrians or other road users.2 DOORS2.1 All saloons, hatchbacks, estates or purpose built taxi vehicles shall have atleast 4 side opening doors, which may be opened from the inside and theoutside. Minibuses, transits and people carrier type vehicles shall have at least3 doors not including any tailgate or rear doors.37

2.2 All vehicles shall be constructed so that the doors open sufficiently wide as toallow easy access into and egress from the vehicle.2.3 All vehicles, including larger passenger vehicles (multi-purpose vehicles), musthave sufficient safe and suitable access and egress from the vehicle for thedriver and all passengers, excluding the rear exit and the driver’s front door.3 INTERIOR DIMENSIONS3.1 Height Inside: there must be sufficient space between the seat cushions andthe lowest part of the roof to safely accommodate the driver and passengers inreasonable comfort.3.2 Knee Space: there must be sufficient space between the front and back seatsto safely accommodate the driver and passengers in reasonable comfort.4 SEATS4.1 Access to every passenger seat, of hackney vehicles licensed for more than 4persons, must be unobstructed and be easily accessible to passengers withoutthe need for seats to be folded or removed and without the need for more thanone passenger to move.4.2 Passenger seats must be at least 400mm wide per passenger with nosignificant intrusion by wheel arches, armrests or other parts of the vehicle.There must be a minimum of 860mm headroom for all passenger seatsmeasured from the rear of the seat cushion to the roof lining. There must be aminimum of 180mm legroom for all passenger seats measured from the frontedge of the seat to the rear of any seat, dashboard or internal panel in front.4.3 In relation to the carriage of Child Passengers under 3 years of age in the frontseat, an appropriate child restraint MUST be worn. Where a child passenger isbetween 3-11 years old an adult seat belt must be worn if an appropriate childrestraint is not available.5 SEAT BELTS5.1 All vehicles must be fitted with fully operational rear seat belts, one for eachpassenger to be carried, fully compliant with British Standards except wherethe law specifically provides an exemption.6 PASSENGER CAPACITY6.1 The carrying capacity of all vehicles shall be at the discretion of the Authorityhaving regard to manufacturer’s specifications and compliance with dimensionsreferred to previously.7 FIRE EXTINGUISHERS7.1 An appliance for extinguishing fires must be carried in such a position as to bereadily available for use. Such an appliance must be a minimum of either a2kg ABC General Purpose Powder or 2 litre AFFF Foam and conform to BSEN 3,showing the appropriate kite-mark and must be securely fixed in a positionreadily accessible to the driver and visible to passengers.7.2 All extinguishers must be checked every 12 months, prior to vehicle testing orprior to change of vehicle test. Such a check shall be carried out in accordancewith the requirements of BS5306 Part 3 and Part 8, by a registered competent38

8 FIRST AID KITcompany. The date of the test and signatures must be clearly visible on asticker attached to the extinguisher. The extinguisher must be marked withthe vehicle registration number.8.1 There shall be provided in such a position as to be readily available at all timewhen the vehicle is used for hire, a suitable First Aid Kit containing appropriatedressings and appliances for immediate use in an emergency. As a minimumthis kit must contain the following(i)(ii)(iii)(iv)(v)(vi)(vii)20 individually wrapped sterile adhesive dressings (assorted sizes)2 sterile eye pads2 individually wrapped sterile triangular bandages4 safety pins6 medium sized (approximately 12cm x 12cm) individuallywrapped sterile wound dressings2 large (approximately 18cm x 18cm) individually wrapped sterilewound dressings1 pair of disposable gloves9 VENTILATION9.1 Windows must be provided at the rear and sides along with means of openingand closing not less than one window on either side.9.2 Rear passenger windows must be capable of being opened by passengers whenseated, unless air conditioning is available.10 LUGGAGE10.1 Adequate storage for passenger luggage separated from the passengercompartment without obstructing any emergency exits must be available.Luggage carried must be suitably secured in place.11 MAINTENANCE AND CONDITION OF THE VEHICLE11.1 The interior and exterior of the vehicle shall be maintained in a clean, safeand proper manner to the reasonable satisfaction of the Council and withoutprejudice to the foregoing in particular the exterior of the vehicle shall be freeof large dents, rust or unrepaired accident damage and shall at all times haveuniform paintwork equivalent to that applied by the manufacturer. The interiorshall be free of all stains, splits, tears to the same and the seats shall berequired to function in accordance with the original manufacturer’sspecification.11.2 Vehicles shall be liable to be inspected and tested at any time. If uponinspection it is discovered that a vehicle is not being properly maintained, orkept in good order, a notice may be served on the owner to this effect, settingout the defects to be remedied. If public safety is compromised by thedefects, the further use of the vehicle may be prohibited until the defectshave been addressed and the vehicle has successfully undergone a furtherinspection.39

12 MODIFICATIONS12.1 No material alteration or change in the specification, design, condition orappearance of the vehicle may be made without first complying with roadtraffic and insurance legislation and secondly the approval of the LicensingOffice, at any time while the licence is in force.13 LICENCE PLATES AND STICKERS13.1 Except as provided at 13.4 below, at all times while the vehicle is being usedas a hackney or private hire vehicle there shall be securely fixed to the frontand rear of the vehicle the appropriate Vehicle Licence Plates supplied by theCouncil.13.2 The number of persons licensed to be carried in the vehicle shall be exhibitedoutside the vehicle on the Vehicle Licence Plates referred to above. (For thesepurposes children (of any age) are counted as one person).13.3 At all times while the vehicle is being used as either a hackney carriage orprivate hire vehicle there shall be displayed on the windscreen of such vehicle(top left-hand corner of the windscreen) the licence disc, which identifies thevehicle as either a private hire or hackney carriage vehicle. On this will bedisplayed the registration number of the vehicle and the number ofpassengers permitted to be carried.13.4 Provided that they have received express written consent from the Council,limousines and other professionally chauffeured vehicles may, in certaincircumstances, not be required to display the external vehicle licence platesbut must comply with the requirements of 13.3 above in respect of displayingthe internal licence disc.13.5 All applications for dispensation from the requirements to display externalvehicle licence plates will be considered by the Public Protection Committeewho will take account of the individual circumstances of the case.Dispensations are unlikely to be granted unless the applicant can satisfy thecommittee that their vehicle(s) are of such a type and age that they would beappropriate for executive travel and that such work represented at least 80%of their total business (verified by operator records in the case of existingvehicles). Such vehicles must display a windscreen badge, provided by thecouncil. These badges will show the details of the vehicle as they appear onthe plate. Vehicle licence plates and door signs will be provided and must becarried in the boot of the vehicle at all times. Vehicles given this exemptionwill normally be limousines, executive type cars, such as top range Mercedes,BMW’s etc.14 SIGNAGE14.1 Hackney Vehicle Markings14.1.1 Hackney carriage vehicles, other than minibuses, transits, people carriertype vehicles and those with built-in roof signs, must be fitted with anilluminated external sign on and above the roof of the vehicle showing theword “TAXI” ” or “TAXIS” on the side facing the front and the name of thecompany, or its telephone number, or the word “TAXI” ” or “TAXIS”, or anycombination of the three on the side facing towards the rear of the vehicle.The roof sign and lettering shall be of an appropriate size to enable it to beread clearly from a distance of 14 metres.40

14.1.2 The roof sign must be centrally mounted on the vehicle roof and must beadequately secured either directly to the roof by suitable magnets or othermeans or by mounting on a single roof bar and secured by bolts, straps, orclamps.14.1.3 On purpose built vehicles, with built-in roof signs, the roof light must beextinguished when the fare meter is in use.14.1.4 Minibuses, transits and people carrier type vehicles which are not fitted withan appropriate roof sign, as indicated above, shall have the word “Taxi” inletters of between 20 cm and 30 cm in height displayed on the front andrear of the vehicles so that they can be clearly identified as a hackneycarriage vehicle.14.2 Private Hire Vehicle markings14.2.1 Self adhesive identification signs as approved and supplied by the Council,indicating that insurance is invalid unless the vehicle is booked by privatehire, must be affixed to the to the drivers’ door and front passenger doorpanels of the vehicle. These signs should not be tampered with in any wayand must be displayed at all times whilst the vehicle has current private hireplates affixed.14.2.2 A Private Hire Vehicle must not carry any roof sign or any markings thatmight give the impression that it is a Hackney Carriage.14.2.3 Any advertising or signage on the vehicle must specifically not include thewords "taxi", "cab", “hackney carriage” or "hire" the use of which is notpermitted.14.2.4 No alternative words or spellings, such as “Kab”, which would have theeffect of leading the public to believe that a vehicle is a hackney carriageavailable for hire, may be used on the vehicle.15 ADVERTISING ETCNote: Sections 15.1 and 15.4.1 below, which effectively limit the amount and nature ofadvertising permitted on hackney vehicles, are currently the subject of further review. Thisis likely to result in them being relaxed to allow more extensive advertising particularly inrespect of businesses, products or services not directly associated with the taxi business.15.1 Any advertising on the vehicle must be restricted to the name, logo orinsignia, telephone number, free-phone number, fax number, E-mailaddress or Web site of the owner or operator of the vehicle. Advertising ofother businesses or products or services is not permitted and no art works,slogans or other displays of any kind are permitted15.2 No sign or advertisement shall obliterate or be confused with the vehicle’slicence plate or the number plates of the vehicle.15.3 Subject to the following provisions of this section, a sign may be affixed tothe outside or inside of the vehicle indicating that smoking is prohibited inthe vehicle or requesting passengers to refrain from smoking inside thevehicle.15.4 Limited advertising, in line with the requirements of 15.1 and 15.2 abovemay be displayed on a vehicle subject to the following conditions:41

15.4.1 Hackney Carriages(i)(ii)(iii)For saloons, hatchbacks and estate cars the lettering of alladvertising/graphics etc must be a maximum height of 15 cm andmay be displayed on either the sides of the vehicle, front and rearwings, doors or on the bonnet or the rear of the vehicle. Anysignage on hackney vehicles must include the word “Taxi” or“Taxis”, to a maximum height of 15 cm.For minibuses, transits and people carrier type vehicles, thelettering of all advertising/graphics etc must be a maximum heightof 25 cm and may be displayed on either the sides of the vehicle,front and rear wings, doors or on the rear of the vehicle. Inaddition, the word “Taxi” or “Taxis”, to a maximum height of 30cm, must be placed on the front and rear of the vehicle.Any advertising may include details of current fare scales ordiscounts charged by the owner/proprietor.15.4.2 Private Hire Vehicles(i)(ii)(iii)For saloons, hatchbacks and estate cars the lettering of alladvertising/graphics etc must be a maximum height of 7.5 cm andmust be confined to either the rear doors or the rear of the vehicleto a size which does not exceed 800 sq. cms on either side or onthe rear of the vehicle.For minibuses, transits and similar people carrier type vehicles, thelettering of all advertising/graphics etc must be a maximum heightof 12.5 cm and must be confined to either the rear doors, the rearwings or the rear of the vehicle to a size which does not exceed1400 sq. cms. on either side or on the rear of the vehicle.No signs whatsoever, other than the identification signs approvedand supplied by the Council (see 14.2.1 above) must be affixed tothe drivers’ door and front passenger door panels of the vehicle.16 COMMUNICATIONS DEVICES16.1 All two-way radio equipment must be of a type currently approved by theRadio Communications Agency.16.2 All radio equipment fitted to the vehicle must be fitted securely and safelyand in accordance with guidelines for the time being published by the RadioCommunications Agency.16.3 Only one two-way radio with a single operator frequency may be operationalin the vehicle at any one time and this shall be an approved radio usedexclusively for the hackney carriage/ private hire trade and licensed with aneffective radio power (ERP) not exceeding 25 watts.16.4 The use of a Citizen Band (CB) transmitter or receiver is prohibited.42

17 METERS17.1 Hackney carriages17.1.1 A calendar-controlled taximeter must be fitted and must be correctlycalibrated, sealed and fully functional in accordance with the current Councilapproved fare structure and easily visible to passengers.17.1.2 The taximeter and all the fittings thereof shall be so affixed to the carriagewith seals or other appliances, so as not to be practicable for any person totamper with them except by breaking, damaging or permanently displacingthe seals or other appliances.17.1.3 The taximeter shall be positioned so that all letters and figures on the facethereof may be at all times plainly visible to any person being conveyed inthe vehicle. The dial of the taximeter shall be kept properly illuminatedthroughout any part of the hiring which is during the hours of darkness asdefined for the purposes of the Road Transport Licensing Act 1957 and alsoat any time at the request of the hirer.17.1.4 When the meter is operating there shall be recorded on the face of themeter in clearly legible figures a fare not exceeding the maximum fare thatmay be charged for a journey.17.1.5 If the taximeter has been altered for whatever reason, the proprietor of thevehicle shall forthwith report the alteration to the Consumer Wellbeing andProtection department so that arrangements for resetting and resealing maybe made.17.1.6 An official copy of the Council’s fare chart shall be clearly displayed in thevehicle so as to be plainly visible to passengers carried therein.17.1.7 The vehicle taximeter (where fitted) shall be brought into operation at thecommencement of the journey and the fare demanded by the driver shallnot be greater than that fixed by this Council in connection with the hire ofhackney carriages. In the event of such a journey commencing in but endingoutside the Fylde Borough there may be charged for the journey such fare orrate of fare, if any, as was agreed before the hiring was effected, if no suchagreement was made then the fare to be charged should be no greater thanthat fixed by the Council in connection with the hire of hackney carriages.17.2 Private Hire17.2.1 Private Hire Vehicles may be fitted with a taximeter, but are not required tobe fitted with meters. Any taximeter fitted to a private hire vehicle mustcomply with those conditions and requirements set out at 17.1 above whichappertain to such meters when fitted in hackney carriage vehicles.17.2.2 The current fare chart shall be clearly displayed in the vehicle or there shallbe exhibited within the vehicle, so as to be plainly visible to passengerscarried therein, a notice indicating that the hire charges for the vehicle arenot prescribed by the Council but are a matter of negotiation with the hirer.43

18 TRAILERS18.1 Trailers may only be used with the prior approval of the Council and subjectto the following requirements:(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)Trailers can only be used in connection with private hirebookings and cannot be used for plying for hire on a rank;The trailer must at all times comply with all requirements ofRoad Traffic legislation in particular those as laid down in theRoad Vehicles (Construction and Use) Regulations 1986;The vehicle insurance must include cover for towing a trailer;Trailers must not be left unattended anywhere on thehighway;The speed restrictions applicable to trailers must be observedat all times;A suitable lid or other approved means of enclosure shall befitted to secure and cover the contents of the trailer wheneverin use.Trailers must have been manufactured by a recognisedmanufacturer and have not been structurally altered sincemanufacture.Un-braked trailers shall be less that 750 KGs gross weight.Trailers over 750 KGs gross weight shall be braked acting onat least two road wheels.The towing vehicle must have a kerb weight of at least twicethe gross weight of the trailer.(xi) The maximum permissible length of the trailer shall be 7metres including the drawbar and coupling.(xii)The width of the trailer shall not be greater than the towingvehicle subject to no trailer being wider than 2.3 metres.19 DISABILITY ACCESS(xiii) The maximum length for braked twin axle trailers is 5.54metres.19.1 In the case of all hackney vehicles that are built or adapted for disabledpassengers, the design of the vehicle should ensure that any wheelchair isloaded from the side rather than the rear of the vehicle.19.2 Where a vehicle is utilised for the carriage of passengers in a wheelchair, thefollowing conditions shall apply:(i)(ii)(iii)Access to and exit from the wheelchair position must not beobstructed in any manner at any time except by wheelchairloading apparatus.Wheelchair internal anchorage must be of the manufacturer’sdesign and construction and secured in such a position as not toobstruct any emergency exit.A suitable restraint must be available for the occupant of awheelchair.44

(iv)(v)Access ramps or lifts to the vehicle must be securely fixed priorto use, and be able to support the wheelchair, occupant andhelper.Ramps and lifts must be securely stored in the vehicle before itmay move off.19.3 Any equipment fitted to the vehicle for the purpose of lifting a wheelchairinto the vehicle must have been tested in accordance with the requirementsof the Lifting Operations and Lifting Equipment Regulations 1998 (S.I.1998/2307). Any such equipment must be maintained in good working orderand be available for use at all times.19.4 Where a vehicle is designed or adapted to carry a wheelchair, the proprietorshall ensure that the driver has received sufficient training to load andconvey wheelchair bound passengers.19.5 Subject to the provisions of section 15 above, a sign may be affixed to theoutside of the vehicle indicating that it is able to convey passengers inwheelchairs provided that the vehicle has been manufactured or properlyadapted for that purpose.20 VEHICLES POWERED BY LIQUID PETROLEUM GAS (LPG)20.1 An applicant for a licence involving a vehicle that has been converted to runon LPG is required to produce, prior to a licence being issued, a certificateissued by a member of the LPG Association confirming satisfactoryinstallation, examination and testing of the vehicle in accordance with LPGAssociation Code of Practice; and that the vehicle is therefore consideredsafe.20.2 If an LPG conversion involves installation of an LPG fuel tank in a vehicle’sboot space (and possible relocation of the spare wheel) it shall be arequirement that an amount of space shall remain free for the stowage of areasonable amount of luggage and any spare wheel displaced as a resultmust be stowed in a location that does not impinge on the passengercarrying area of a vehicle.21 TINTED WINDOWS21.1 The front side windows and windscreen of any vehicle shall comply with thecurrent Construction and Use Regulations with regard to the level of tint. Aminimum visible light transmission value (VLT) of 70% shall be maintainedin the font side windows of the vehicle and the windscreen shall have aminimum visible light transmission value (VLT) of 75%. Except for stretchedlimousines (see Appendix B paragraph 2.4) the remaining windows mayhave a minimum VLT of 50%. No self-adhesive material (tinted or clear)shall be affixed to any part of the glass Vehicles currently licensed by thisCouncil fitted with factory tinted glass by the vehicle manufacturer whennew will not be required to satisfy this condition”.22 INSURANCE22.1 There shall be a policy of insurance or such security as complies with therequirements of Part IV of the Road Traffic Act 1972 during the currency ofthe vehicle licence.45

23 CHANGES23.1 Any change affecting this vehicle licence must be notified within 14 days ofsuch change, to the Licensing Officer.23.2 When the holder of a vehicle licence wishes to transfer the licence to anotherperson he must notify the Licensing Officer, in writing, before such changetakes place. Failure to do so is likely to result in the refusal to renew thelicence.24 INSPECTION24.1 The vehicle licence must be available for inspection at all times on requestby any authorised officer of the Council or any Police Officer.25 UNAUTHORISED USE25.1 The proprietor of a private hire vehicle or hackney carriage shall not allowthe vehicle to be driven and used for hire by any person who does not hold acurrent private hire or hackney carriage driver’s licence, as appropriate,issued by Fylde Borough Council.26 ACCIDENT REPORTING26.1 If any licensed vehicle is involved in an accident, this must be reported tothe Licensing Officer as soon as reasonably practicable and in any eventwithin 72 hours of the accident.”26.2 Where, following an accident or damage to a licensed vehicle, it is theintention of the owner or operator to continue licensed use, the vehicle mustbe inspected (at the owner’s or operator’s expense) to determine its fitnessfor continued use. A Licensing Officer may suspend the use of a licensedvehicle until it is suitably repaired.26.3 A licensed vehicle which has suffered major accident damage or requiressubstantial mechanical repair may be replaced by a hire vehicle, provided:(i)(ii)(iii)(iv)the damage to, or defect in, the vehicle has been reported;application is made in the usual way for a change of vehicle(albeit temporarily);the replacement vehicle meets the licensing criteria and issuitable to be used for hire purposes;the hiring of the hire vehicle is organised and paid for by theaffected licensed owner or operator.27 MISCELLANEOUS27.1 The proprietor shall not knowingly cause or permit the vehicle to be used forany illegal or immoral purpose whatsoever.28 DISPENSATION/ VARIATION28.1 The Council may in exceptional circumstances by way of special conditiondispense with or vary any of the conditions set out herein.46

APPENDIX BADDITIONAL CONDITIONS FOR PRIVATE HIRE LIMOUSINES1 TYPES OF VEHICLES1.1 The vehicle must have one of the following:(i)(ii)(iii)(iv)A UK Single Vehicle Approval CertificateA European Whole Vehicle Approval CertificateUK Low Volume Type Approval CertificateLimousine Declaration of Condition of Use2 VEHICLE AND SAFETY EQUIPMENT2.1 Stretched limousines and similar vehicles shall comply with the existingconditions of licence applicable to all licensed private hire vehicles in so faras they are not superseded by these additional conditions and the localprivate hire licence fee shall be the same2.2 The Proprietor of a vehicle shall:-(i)(ii)(iii)(iv)(v)ensure that the fire extinguisher required to comply with thestandard Vehicle Conditions of Licence applicable to all licensedprivate hire vehicles should be mounted on brackets, in aconvenient position in the driver's compartment;ensure that the vehicle and all its fittings and equipment are atall times kept in a fit, serviceable, efficient, safe and cleancondition and all relevant statutory requirements (includingthose contained in the Motor Vehicles(Construction & Use)Regulations) are fully complied with. Should the vehicle fail tocomply with any legal requirement then the vehicle should beremoved from service until the reasons for non-compliance isrectified;ensure that loose luggage is not carried within the passengercompartment of the vehicle;ensure that any CCTV cameras installed in the vehicle havereceived prior written approval of the Council; anddisplay a Council approved sign, in a position clearly visible topassengers, warning customers that camera surveillanceequipment may be in operation.2.3 Vehicles may be left or right hand drive providing that they have proof of fullDETR vehicle type approval.2.4 The passenger compartment of the vehicle may be fitted with darkened orblackened glass.2.5 The licence holder shall not at any time use or permit to be used in thevehicle a radio scanner or citizen band radio.47

3 USE OF VEHICLE3.1 The vehicle shall not be used for every day Private Hire use.3.2 The proprietor of the vehicle shall:-(i)(ii)(iii)(iv)ensure that the vehicle is at all times only driven by a personwho holds a current Private Hire Vehicle Driver's Licence issuedby Fylde Borough Council;not permit to be conveyed in the vehicle more than the numberof persons for which the vehicle is licensed, regardless of theage or size of the passengers;not convey any passengers in the front compartment of thevehicle;not supply any intoxicating liquor in the vehicle unless there isin force an appropriate premises licence permitting the sale orsupply of the same.4 VEHICLE IDENTIFICATION DISCS4.1 The vehicle will not be required to display the front and rear, externalprivate hire vehicle licence plates which must normally be displayed bylicensed private hire vehicles. The proprietor of the vehicle will be issued, bythe Council, with two licence discs which identify the vehicle as a private hirevehicle on which will be displayed the registration number that vehicle andthe number of passengers permitted to be carried. The proprietor shallensure that:-(i)(ii)one vehicle identification disc is displayed on the top left-handcorner of the front windscreen in a conspicuous position whereit can be clearly seen from the outside of the vehicle and allwording and lettering contained thereon read. The otheridentification disc shall be fixed inside the vehicle in such aposition (such as the bulkhead or security screen) as to bevisible to persons conveyed therein;no Private Hire Limousine Vehicle Disc shall be parted with, lentor used on any other vehicle and the loss or damage of thevehicle discs shall be reported to the Council as soon as theproprietor is aware of the loss. In the event of ceasing to usethe vehicle for private hire (special event) purposes theproprietor shall surrender the vehicle discs and licence to theCouncil within seven days.5 SIGNS, NOTICES, ETC5.1 No signs, notices, advertisements, plates, marks, numbers, letters, figures,symbols, emblems or devices whatsoever shall be displayed on, in or fromthe vehicle, other than those specifically approved by the Council.48

6 INSURANCE/MOT TEST CERTIFICATE6.1 The vehicle must not be used to carry passengers for private hire specialevents unless there is in force for the vehicle:(i)(ii)a current Certificate of Compliance test certificate.a policy of insurance covering the use of the vehicle for privatehire special events and the proprietor of the vehicle is shown asthe policy holder and any other licensed Private Hire LimousineVehicle Drivers who drive the vehicle are covered.These documents shall be produced to an authorised officer of the Council ora Police Officer at such time and place as may be required.6.2 The proprietor shall deposit a valid and current copy of the Certificate ofCompliance Test Certificate and Certificate of Insurance or cover note withthe Operator before the vehicle is used to accept bookings provided by theOperator.6.3 If the insurance cover on the vehicle is cancelled, expires or fails to coverthe use to which the vehicle is being put, the Licence Officer shall beinformed immediately and the vehicle shall not be used until appropriatecover is obtained.7 DEPOSIT OF LICENCES7.1 If the proprietor permits or employs any other person to drive his PrivateHire Limousine Vehicle, he shall, before that person commences to drive thevehicle, cause the driver to deliver to him a copy of his Private HireLimousine Vehicle Driver's licence for retention until such time as the driverceases to be permitted or employed to drive that vehicle.7.2 The proprietor of the vehicle will deposit within five working days, a copy ofthe Private Hire Limousine Vehicle licence with the Operator before anybookings are accepted.7.3 The loss of any vehicle or driver licence shall be reported to the Council assoon as possible.8 VEHICLE TESTING8.1 A Private Hire Limousine Vehicle will be subject to twice-yearly mechanicalexamination at intervals to be specified by the Council, at its authorisedtesting station.9 GENERAL CONDITIONS9.1 All Operators will be required to sign a declaration stating that the vehiclewill not carry more than 8 passengers and at the time of booking thevehicle, the restriction of carrying no more than 8 passengers shall beexplained to the hirer.9.2 The Licensee must produce a copy of the SVA certificate at time of licensing.49

APPENDIX CVEHICLE LICENCES: APPLICATION PROCEDURES –(Hackney Carriageand Private Hire)1 When presenting an application, the following documents MUST accompany theapplication form:-(i)(ii)(iii)REGISTRATION BOOK (which must show the vehicle as belonging tothe applicant either wholly or jointly with any other person(s) hereinafterdescribed as proprietor(s) thereof);INSURANCE CERTIFICATE (if a cover note, licence holders will berequired to produce further insurance certificates on or before the expiryof the cover note.MOT CERTIFICATE2 Sight will be required initially of the vehicles Vehicle Registration Document or a Billof Sale.3 Appointments can be arranged for a vehicle to be tested following application beingmade to the Licensing Department at the Town Hall.4 Prior to submitting the vehicle for testing owners must ensure that the vehicle is ingood condition, i.e., mechanically sound, bodywork in a satisfactory condition and theengine and full chassis steam cleaned.5 Owners of vehicles will be subject to a re-charge fee in respect of vehicles that haveto be re-submitted for a second inspection test on the grounds of mechanical/M.O.T.related re-inspections pertaining to the specified requirements for hackney/privatehire vehicles.6 When a vehicle is successfully tested it should be licensed at the Town Hall as soon aspractical.Proprietorship Requisition Declaration7 Before a hackney carriage/private hire licence is granted, a Proprietorship RequisitionDeclaration shall be made and signed by the proprietor or one of the proprietors ofthe hackney carriage/private hire vehicle in respect of which such licence is appliedfor.8 In every such requisition, the name and surname and place of abode shall be givenof:.• the person applying for such licence, and• every proprietor or part proprietor of such carriage, or• any person concerned, either solely or in partnership with any other person,in the keeping, employing or letting to hire of such carriage and• any person who, on applying for such a licence, states in such requisitionthe name of any person who is not a proprietor or part proprietor of suchcarriage or who is not concerned as aforesaid in the keeping, employing orletting to hire of such carriage.50

Any person who wilfully omits to specify truly in such requisition as aforesaid thename of any person who is a proprietor or part proprietor of such carriage, or who isconcerned as aforesaid in the keeping, employing or letting to hire of such carriage,shall be liable to a penalty.9 The names that appear on the Proprietorship Requisition Declaration will be enteredon to the hackney carriage/private hire vehicle licence and in every such licence shallbe specified the name and surname and place of abode of every person who is aproprietor or part proprietor of the hackney carriage/private hire vehicle in respect ofwhich such licence is granted, or who is concerned, either solely or in partnershipwith any other person, in the keeping, employing or letting to hire of any suchcarriage.51

APPENDIX DDRIVERS’ LICENCES: APPLICATION PROCEDURES –(Hackney Carriage and Private Hire)1 Applications for Hackney Carriage or Private Hire Drivers’ Licences are not limited andmay be made at any time of the year. This is subject to the provisos that theApplicant must have held a full driving licence (which may be a European drivinglicence) for more than one year, and has attained the age of 18 years.2 Applications are to be made on the prescribed application form.3 In support of a completed application form, the Applicant must provide the following:(i)(ii)A current full driving licence;Enhanced disclosure from the CRB, which shall be obtained through theAuthority;(iii) The specified fee, which is not refundable in the event of refusal of thelicence;(iv) A medical certificate (See section 5.6);(v) Deposit fee for Driver’s Badge (refundable if the application is refused);(vi)A digital photograph, which shall be taken at the time when the applicantundergoes the driver’s tests.52

APPENDIX ETHE CONSIDERATION OF APPLICATIONS1 Upon receipt of a completed application form, an Officer of the LicensingService shall consider the application, unless there are details which aremissing from the application form, or the supporting documents areincomplete. Where the application is incomplete, it shall not be considereduntil all the missing details or documents are supplied.2 If satisfied, from the information available, that the applicant is a fit andproper person to hold a hackney carriage and private hire licence, the Officerhas the delegated power to grant the application.3 Successful applicants will be notified in writing and issued with theappropriate licence. Those who are granted drivers’ licences shall be issuedwith a Drivers’ Badge, which shall remain the property of the Council andmust be surrendered when the driver ceases employment as a driver.4 Where the Licensing Officer is not satisfied, on the information beforehim/her, that the applicant should be granted a licence, the matter must bereferred to the Public Protection Committee. The applicant will be advised ofthe date, time and venue of the Committee at which the application will beconsidered.5 At the Public Protection Committee meeting, the Council members presentwill receive a report from the Licensing Officer, and shall then hearrepresentations from the applicant and may ask any questions of theapplicant, before deciding upon whether a licence should be granted. Theapplicant will be told of the outcome immediately and this will be confirmedin writing within 7 days.6 Unsuccessful applicants will be informed of their right to appeal against thedecision to the magistrates’ court within 21 days of receipt of the formalnotice of refusal of the application.53

APPENDIX FRELEVANCE OF CONVICTIONS TO APPLICATIONSThe following guidelines will be used to determine the relevance of criminal convictionsin relation to applications for hackney carriage and private hire driver’s licences. In sostating, this Authority has adopted the guidelines set out in the DOT Circular 2/92 andHO Circular 13/92, subject to certain limited modifications.General Policy1. Each application will be determined on its own merits.2. A person with a current conviction for serious crime need not be permanently barredfrom obtaining a licence but will be expected to remain free of conviction for 3 to 5years, according to the circumstances of the offence, before an application isentertained. Some discretion may be appropriate if the offence is isolated and thereare mitigating circumstances. However, the overriding consideration should be theprotection of the public.3. Listed below are some general principles relating to the determination of applicationsfor drivers and operators of hackney carriages and private hire vehicles which willgenerally be followed where convictions are admitted.3.1 Minor Traffic OffencesConvictions for minor traffic offences e.g. obstruction, waiting in a restrictedstreet, speeding etc will not prevent a person from proceeding with anapplication. Multiple occurrences of similar current offences, however, merit theissue of a warning as to future driving standards. If sufficient penalty pointshave been accrued to require a period of disqualification of the applicant’sdriving licence then a hackney carriage or private hire vehicle driver’s licencemay be granted after the restoration of the DVLA driving licence, but only aftera period of 12 months has elapsed since the expiry of the disqualification orfrom the date of any subsequent conviction. A warning will, however, be givenabout future driving standards.In circumstances where a driver acquires 12 or more penalty points on hisDVLA driving licence but is not disqualified from driving because of themitigating circumstances put before the magistrates’ court, the driver’shackney carriage or private hire licence may still be revoked or suspended.Such a matter will always be dealt with by way of a disciplinary hearing (seeAppendix M).3.2 Major Motoring OffencesAn isolated conviction for reckless driving or driving without due care andattention etc will normally merit a warning as to future driving and advice onthe standard expected of hackney carriage and PHV drivers. More than oneconviction for this type of offence within the last 2 years will normally meritrefusal with no further application then being considered until a period of 1 to 3years free from convictions has elapsed. A single conviction for causing deathby careless driving or by dangerous driving will be reported to the PublicProtection Committee for determination on the merits of the case.54

e given to the circumstances of the offence and any evidence to show thatan applicant is a fit and proper person to hold a licence. When consideringapplications, the Council may take into account any information of a sexualnature which does not amount to a criminal offence that is brought to itsattention where that information may indicate that an applicant may not be afit and proper person to hold a licence.3.7 ViolenceAs hackney carriage and PHV drivers maintain close contact with the public, afirm line will be taken with applicants who have convictions for offencesinvolving violence. Applicants with a conviction or caution for grievous bodilyharm, wounding, serious assault, possession of a dangerous weapon or otherserious offence involving violence or where the offence involved loss of life,will normally be refused a licence. At least 5 years free of such conviction orcaution, from either the date of conviction or caution, or from completion ofany custodial sentence imposed, which ever is the latter must be shownbefore an application is entertained and even then careful consideration willbe given to the circumstances of the offence and a strict warning will beadministered. Convictions for minor violence related offences, e.g.threatening, abusive or insulting behaviour will not necessarily prevent aperson from proceeding with an application. In deciding whether to grantsuch an application the authority will consider the nature of the offence, howlong ago it was and what age the applicant was when it was committed andany other factors, which may be relevant.3.8 DishonestyHackney carriage and PHV drivers are expected to be persons of trust. Thewidespread practice of delivering unaccompanied property is indicative of thetrust that business people place in drivers. Moreover, it is comparatively easyfor dishonest drivers to defraud the public, for example, by demanding morethan the legal fare. Overseas visitors can be confused by the change incurrency and become ‘fair game’ for an unscrupulous driver. For thesereasons a serious view will be taken of any convictions involving dishonesty.In general, a period of 5 years free of convictions will be required before anapplication is entertained.3.9 Persistent CriminalityDue to the potential risks to the public, applications from persons with apersistent record of criminality, where the record suggests a persistent lack ofregard for the well-being of others or for their property rights, would normallybe refused.3.10 Other Offences and special circumstancesIf the applicant has declared any other offences not listed above or thecircumstances of the case justify it, the licensing officer will, if he considers itappropriate, refer the application to the Public Protection Committee fordetermination.56

PRINCIPLES OF THE REHABILITATION OF OFFENDERS ACT 19741 Under the 1974 Act, criminal convictions can become spent after a certainperiod of time, and once spent, for many purposes, can be disregardedcompletely.2 The possibility of rehabilitation and the length of time before rehabilitationoccurs depends on the sentence imposed, and not the offence committed.3 Where a person is sentenced to imprisonment for a period exceeding 30months, the conviction can never become spent.4 Despite the above, the principles of the Act do not apply to applicants forhackney carriage and private hire drivers’ licences. This is because thedriving of taxis is listed as a “Regulated Occupation” in relation to whichquestions may be asked as to the suitability of individuals to be granted alicence.5 Although the Act does not prevent judicial authorities (inclusive of the LicensingAuthority) from taking spent convictions into account, such convictions are onlyadmissible in so far as they are relevant to the issue as to whether the applicantis a fit and proper person to hold a licence.6 The determination as to whether certain convictions are spent, therefore, maybe a relevant exercise.7 The rehabilitation periods to which reference is most commonly made are setout below. For a detailed commentary on the periods of rehabilitationapplicable to all sentencing options, reference will need to be made to aspecialist textbook on the Act.SentenceRehabilitation Period(a) Sentence of imprisonment or detention 10 yearsexceeding 6 months but not exceeding30 months(b) Sentence of cashiering, discharge with 10 yearsignominy or dismissal with disgracefrom Her Majesty’s Service(c) Sentence of imprisonment not exceeding 7 years6 months(d) Sentence of dismissal from Her Majesty’s 7 yearsService(e) Sentence of detention in respect of a 5 yearsconviction in service disciplinaryproceedings(f) A fine 5 years(g) Absolute discharge 6 months(h) Conditional discharge 1 year or date ofexpiry of order(i) Probation Order 5 years57

APPENDIX GTHE TESTING OF APPLICANTS FOR DRIVER’S LICENCENew Driver Tests1. Introduction1.1 In order to maintain the high standards that the Authority expects of itsdrivers operating within the Borough a review has taken place of how thesuitability of new drivers’ knowledge of locations and conditions is assessed.1.2 Complaints are received from time to time by the Authority, from membersof the public and the Hackney Carriage and Private Hire trade regarding thedrivers ability to find destinations and read A to Z maps.1.3 Applicants for a hackney carriage or private hire drivers licence be requiredto undergo a written test as part of the process of satisfying the Council thatthey are suitable persons to hold such a licence. The written test takenbefore a Drivers Licence is issued will consist of:Local GeographyApplicants will be tested on their knowledge of the Fylde area’sgeography, by recording the shortest routes between locations in thearea. (Ten questions on how to get from one destination to another,naming all the roads travelled along and finding ten locations in theexaminer’s A-Z booklet.)Highway CodeApplicants will be asked to answer a number of questions as todriving skills, road information and etiquette as set out in theHighway Code. (Ten questions relating to the Highway Code.)The Hackney Carriage and Private Hire licensing law andCouncil Rules and PolicyApplicants will be tested on their knowledge and understanding of thelaw in respect of Hackney Carriage and Private Hire Licensing. (Tenquestions relating to legislation, bye-laws, conditions etc.)1.4 Applicants must also be able to demonstrate basic standards of spokenEnglish. This will be confirmed through a simple assessment by staff of theLicensing Unit who will satisfy themselves that the applicant appears to havefully understood them and any explanations they have given.2 Driver Test Failure2.1 Applicants who fail to achieve a 70% pass rate in any of the written testsshall be invited to take a different test on another occasion. They shall notbe considered to be fit and proper to hold a licence unless or until they haveachieved the requisite pass rate in all of the tests.58

APPENDIX HPRIVATE HIRE DRIVER’S LICENCE CONDITIONSConduct of Drivers1 The holder of a private hire driver’s licence (driver) shall comply with thefollowing conditions, which should be read in conjunction with the Code ofGood Conduct set out in Appendix I:2 The driver shall be respectably dressed and clean and tidy in appearance.3 The driver shall at all times, when acting in accordance with the driverslicence granted to him, wear such badge as supplied by the Council in suchposition and manner as to be plainly and distinctly visible at all times. He shallnot lend the badge to any other person or cause or permit any other personto wear it and on termination or surrender of a Driver’s licence, he shall returnthe badge to the Council immediately.4 The driver shall behave in a civil, polite and orderly manner and shall take allreasonable precautions to ensure the safety of persons conveyed in orentering or alighting from the vehicle.5 The driver shall not wilfully or negligently cause or permit the vehicle licenceplate to be concealed from public view or allow the licence plate to be sodefaced as to make any figure or information illegible.6 The driver who has agreed or has been hired to be in attendance with thevehicle at an appointed time and place shall, unless delayed or prevented bysome sufficient cause, punctually attend with such vehicle at such appointedtime and place.7 The driver when hired to drive to a particular destination shall proceed to thatdestination by the shortest route.8 The driver shall not convey or permit to be conveyed in such vehicle anygreater number of persons than the number of persons specified on theVehicle Licence.9 The driver shall convey a reasonable amount of luggage and afford reasonableassistance in loading and unloading luggage.10 The driver must not solicit, by calling out or otherwise importune, any personto hire or be carried for hire, and must not accept an offer for the hire of thevehicle except where that is first communicated to the driver by telephone.11 The vehicle shall be presented in a clean and tidy condition for each journey.12 The Private Hire Vehicle must only be driven with the consent of theproprietor of the vehicle.13 The driver must comply with any hirer’s request not to smoke, drink or eat inthe vehicle, or play any radio or sound equipment, which is not connectedwith the operation of the business.14 The driver must ensure that the noise emitted from any sound equipment inthe vehicle does not cause annoyance to any persons, whether inside oroutside the vehicle.15 The driver shall not operate the horn as a means of signalling that the vehiclehas arrived.16 The driver must not cause or permit the vehicle to stand on a road or in apublic place as to suggest that it is plying for hire, or use any hackneycarriage stand within the Fylde Borough area.59

17 Drivers must not use a mobile phone whilst driving unless it is designed forhands-free operation.FITNESS OF DRIVER18 The driver of a Private Hire Vehicle must at any time, or at such intervals asthe Council may reasonably require, produce a certificate in the formprescribed by the Council by a Registered Medical Practitioner to the effectthat he/she is, or continues to be, physically fit to be a driver of a Private Hirevehicle.19 Whether or not such a Certificate is produced, the driver must, if required bythe Council at any time, undergo a medical examination by a RegisteredMedical Practitioner selected by the Council.20 The driver is asked to cease driving any Private Hire vehicle and contact theCouncil immediately if they know of any medical condition, which may affecttheir driving ability and the health and safety of themselves and anypassengers.FARES AND JOURNEYS21 The driver/operator of a Private Hire vehicle may make their own agreementwith the hirer as to the fare for a particular journey.22 The driver shall, if requested by the hirer, provide him/her with a writtenreceipt for the fare paid.23 If the Private Hire Vehicle is fitted with a taximeter, then the driver of aPrivate Hire vehicle shall(i)(ii)(iii)(iv)(v)unless the hirer expresses at the commencement of the journeyhis desire to engage by time, bring the meter into operation at thecommencement of the journey andbring the machinery of the taxi meter into action by moving thesaid key, flag or other device, so that the word ‘HIRED’ is legibleon the face of the taximeter before beginning a journey for which afare is charged for distance and time, and keep the machinery ofthe taximeter in action until the termination of the hiring.when standing or plying for hire, keep the key, flag or otherdevice fitted for that purpose locked in the position in which nofare is recorded on the face of the meter.cause the dial of the taximeter to be kept properly illuminatedthroughout any part of a hiring which is during the hours ofdarkness as defined for the purposes of the Road Traffic Act 1972,and also at any other time at the request of the hirer.not demand from any hirer of a Private Hire vehicle a fare inexcess of any previously agreed for that hiring between the hirerand the operator or, if the vehicle is fitted with a fare meter, thefare shown on the face of the meter.24 In the event of a journey commencing in but ending outside the FyldeBorough area there may be charged, for the journey, such fare or rate if anyas was agreed before the hiring was affected. If no such agreement was madethen the fare to be charged should be no greater than that fixed by theCouncil in connection with the hire of Hackney Carriages.60

DUTIES OF LICENCE HOLDER25 Any change affecting this licence must be notified within 14 days of such tothe Licensing Officer.26 The Private Hire Driver’s licence must be made available for inspection, onrequest, by any authorised officer of the Council or any Police Officer.27 The driver must notify the Council, within seven days of starting orterminating employment, as to the name and address of the proprietorconcerned, and the date when the employment either started or ended.28 The private hire driver’s licence must be presented to the proprietorconcerned, at the beginning of an employment.29 All licences, badges and plates issued remain the property of the Council at alltimes. They must be returned forthwith when employment as a licensed driverceases, the Licence expires and is not renewed or where the Licence issuspended or revoked.30 The driver must notify the Council, within 7 days, of any change of address.31 The driver must notify the Council, within a period of 7 days, of any convictionfor an offence, or of any receipt of a fixed penalty, imposed on him/her whilstthe licence is in force.LOST PROPERTY32 A driver of a Private Hire Vehicle shall immediately, after the termination ofany hiring or as soon as practicable thereafter, carefully search the vehicle forany property which may have been accidentally left therein, carry it as soonas possible and in any event within 48 hours to the Town Hall, or the nearestPolice Station and leave it in the custody of an authorised officer on his givinga receipt for it.ACCIDENT REPORTING33 A Proprietor or Driver of a Private Hire vehicle shall report to the Council assoon as is reasonably practicable an in any case within 72 hours of theoccurrence, any accident to a Private Hire vehicle causing damage materiallyaffecting the safety, performance or appearance of the vehicle or the comfortor convenience of persons using the vehicle.THE CARRIAGE OF ANIMALS34 A driver must not carry in a Private Hire vehicle any animal, which belongs to,or is being looked after by, themselves, the owner or operator of the vehiclewhile it is being used as a Private Hire vehicle.Animals in the custody of passengers may be carried, at the driver’sdiscretion, provided they are restrained in a safe manner.35 A driver must, however carry assistance dogs when necessary. Assistancedogs include guide dogs for the blind or partially sighted, hearing dogs for thehard of hearing, and other assistance dogs, which assist disabled people witha physical impairment.61

36 Any driver with a medical condition, which may be exacerbated by dogs, mayapply for exemption from this condition. A certificate of exemption is suppliedon production of suitable medical evidenceWHEELCHAIR ACCESSIBLE VEHICLES37 All drivers of wheelchair accessible vehicles:(i)(ii)(iii)(iv)Must be fully conversant with the correct method of operation ofall ramps, lifts and wheelchair restraints fitted to the vehicle.Must, before any movement of the vehicle takes place, ensurethat all wheelchairs are firmly secured to the vehicle using anapproved restraining system and the brakes of the wheelchairhave been applied.Must ensure that any wheelchairs, equipment and passengers arecarried in such a manner that no danger is likely to be caused tothose passengers or to anyone else, in accordance withregulations, S.100 of the Road Vehicles Construction and UseRegulations 1986.Shall, in the event of a passenger who requires to be carriedseated in a wheelchair, presenting themselves at a taxi rank orhailing a hackney carriage on the street and the hackney carriagewhich the passenger has presented themselves to or hailed is notwheelchair accessible either:(a) divert the passenger to a wheelchair accessible vehicle onthe rank if one is available or(a) use their phone or radio to contact an operator of awheelchair accessible hackney carriage to arrange tocollect the passenger as soon as possible.62

APPENDIX ICODE OF GOOD CONDUCT FOR LICENSED DRIVERSIn order to promote its licensing objectives as regards hackney carriage and privatehire licensing, the Council has adopted the following Code of Good Conduct, whichshould be read in conjunction with the other statutory and policy requirements set outin this document.1 Responsibility to the TradeLicence holders shall endeavour to promote the image of the HackneyCarriage and Private hire trade by:(a)(b)(c)complying with this Code of Good Conduct;complying with all the Conditions of their Licence and theCouncils Hackney Carriage and Private Hire Licensing Policy;behaving in a civil, orderly and responsible manner at all times.2 Responsibility to ClientsLicence holders shall:(a)(b)(c)(d)(e)maintain their vehicles in a safe and satisfactory condition at alltimes;keep their vehicles clean and suitable for hire to the public at alltimes;attend punctually when undertaking pre-booked hiring;assist, where necessary, passengers into and out of vehicles;offer passengers reasonable assistance with luggage.3 Responsibility to ResidentsTo avoid nuisance to residents when picking up or waiting for a fare, adriver shall:(a)(b)(c)not sound the vehicle’s horn illegally;keep the volume of radio/cassette player and VHF radios to aminimum;switch off the engine if required to wait;(d) take whatever additional action is necessary to avoiddisturbance to residents in the neighbourhood.At taxi ranks and other places where hackney carriages ply for hire byforming queues, drivers shall, in addition to the requirements above:(a)(b)rank in an orderly manner and proceed along the rank in orderand promptly;remain in the vehicle.63

At private hire offices a licence holder shall:(a)(b)not undertake servicing or repairs of vehicles;not allow their radio/cassette players or VHF radios to causedisturbance to residents of the neighbourhood;4 General(c) take whatever additional action is necessary to avoiddisturbance to residents of the neighbourhood which mightarise from the conduct of their business.Drivers shall:(a)(b)(c)(d)(e)(f)(g)(h)pay attention to personal hygiene and dress so as to present aprofessional image to the public;be polite, helpful and fair to passengers;drive with care and due consideration for other road users andpedestrians and in particular shall not use a hand held mobilephone whilst driving;obey all Traffic Regulation Orders and directions at all time;not smoke when carrying fare paying passengers;not consume alcohol* immediately before or at any time whilstdriving or being in charge of a hackney carriage or private hirevehicle;not drive while having misused legal or illegal drugs;fulfil their responsibility to ensure compliance with legislationregarding the length of working hours.5 Disciplinary HearingsDrivers should be aware of the powers the Council has to take action, byway of suspension, revocation or refusal to renew a driver’s licenceswhere(a)(b)(c)the driver has been convicted , since the grant of the licence, of anoffence involving dishonesty, indecency or violencethe driver has been convicted of an offence under the legislation orHackney Carriage and Private Hire Licensing Policy relating to taxiregulationthere is a breach of condition or this codeDetails of the workings of the disciplinary hearings are set out inAppendix M.* PLEASE NOTE:ANY AMOUNT OF ALCOHOL OR DRUGS CAN AFFECT A DRIVER’S JUDGEMENTTHE COUNCIL WILL TAKE A VERY SERIOUS VIEW OF ANY DRIVER BEINGFOUND TO HAVE HAD ANY ALCOHOL OR HAVING MISUSED ANY DRUGSWHILST IN CHARGE OF A LICENSED VEHICLE64

APPENDIX JDRESS CODE FOR LICENSED DRIVERSFylde Borough Council is committed to encouraging the professional image of thehackney carriage and private hire trade, and considers that drivers of licensed vehiclesare vocational drivers. The Council considers, therefore, that drivers should conform toa minimum standard of dress, as set out below, in order to raise and maintain theprofile of the licensed trade.The Authority does not impose such standards by way of conditions to any licence. Itis expected, however, that such standards will be maintained at all times. Failure tocomply with the Dress Code will render a licensed driver liable to the issue of penaltypoints under the scheme set out in Appendix N.Acceptable Standards of Dress within this code1 Tops Shirts, blouses, T-shirts, or sweat tops should cover the shouldersand be capable of being worn inside trousers or shorts. Shirts or blouses can be worn with a tie or open-necked.2 Trousers/Shorts/Skirts3 Footwear Trousers may be either full length or shorts. Shorts should be tailored. It is recommended that female drivers do not wear short skirts forpersonal safety reasons. Footwear should fit around the heel of the foot.(Safety shoes withprotected toecaps are recommended.)Unacceptable Standards of Dress within this Code7 The following are deemed to be unacceptable: Clothing or footwear which is unclean or damaged Clothing printed with words, logos or graphics, which might offend Sports shirts e.g. football, rugby or cricket tops or track suits Studs or sharp-edged clothing Beach-type footwear (e.g. flip-flops or mules) Footwear with pronounced heels Baseball caps65

APPENDIX KTAXI LICENSING AND ENFORCEMENT POLICY & PRACTICE1 Enforcement Policy Statement1.1 It is the policy of Fylde Borough Council to ensure that taxi drivers andoperators are licensed correctly and carry out their trade in accordance withboth the relevant Law and the conditions attached to the licences.1.2 All enforcement action, be it verbal warnings, the issue of written warnings,statutory notices, appearance before the sub-committee or prosecution, willprimarily be based upon the seriousness of the breach and the possibleconsequences arising out of it. Enforcement action will not, therefore,constitute a punitive response to minor technical contraventions of legislation.1.3 Specific advice on the issue of licences and enforcement action is containedelsewhere in the Council’s Hackney Carriage & Private Hire Licensing Policywhich sets out the general principals to be followed in taking enforcementdecisions.1.4 Authorised officers, when making enforcement decisions, will abide by thispolicy. Any departure from the policy must be exceptional, capable ofjustification, be fully considered and be endorsed by the Commercial &Licensing Manager or above before the decision is taken (unless it isconsidered that there is significant risk to the public in delaying the decision).1.5 Authorised officers must be fully acquainted with the requirements of thepolicy and appropriate training will be provided where required.1.6 Officers will be authorised by the Unit Business Manager to take enforcementactions relevant and appropriate to their level of competence. Competencywill be assessed individually by reference to qualifications and experience.2 Enforcement Options2.1 Achieving and maintaining a consistency of approach to making all decisionsthat concern Taxi Licensing and enforcement action, including prosecution, isof paramount importance. To achieve and maintain consistency, it is vitalthat the policy guidelines are always considered and followed whereappropriate.2.2 Licence application and enforcement decisions must always be consistent,balanced, fair and relate to common standards which ensure that the public isadequately protected. In reaching any decision many criteria must beconsidered including the:-• seriousness of any offences;• driver or operator’s past history;• consequence of non-compliance;• likely effectiveness of the various enforcement options;• danger to the public.2.3 Having considered all relevant information and evidence, the choices foraction are:-66

2.3.1 Taxi Licence Applications• grant licences subject to the Council’s Standard Conditions• refuse to grant a licence.2.3.2 Enforcement Action• take no action;• take informal action;• use statutory notices, (stop notices etc.);• suspend a licence;• revoke a licence;• use formal cautions;• prosecute.2.4 This policy document provides detailed guidance applicable to the variousoptions for enforcement action.3 Informal Action3.1 Informal action to secure compliance with legislation includes offering advice,verbal and written warnings and requests for action and the use of letters.3.2 Such informal enforcement action may be appropriate in any of the followingcircumstances:-• the act or omission is not serious enough to warrant more formalaction;• from the individual driver or operator’s past history it can bereasonably expected that informal action will achieve compliance;• confidence in the operator’s management is high;• the consequences of non-compliance will not pose a significantrisk to the safety of the public.Even where some of the above criteria are not met, there may becircumstances in which informal action will be more effective than a formalapproach.4. Appearance before the Public Protection Committee4.1 An offending individual or company may be summoned before the PublicProtection Committee to answer allegations of breaches of relevant legislation,Bye-laws or conditions attached to licences.4.2 The criteria for bringing applicants for licences before the Committee iscontained in Policy Guidelines reproduced as Appendix F.4.3 Current licence holders who report convictions or breach relevant legislationduring the period of their licence may be brought before the Public ProtectionCommittee. The criteria for such action is also contained in Policy Guidelinesadopted by the Authority and reproduced as Appendix F.4.4 The Committee may decide to take one or more of the following actions:-• no action;• a written warning;• require the production of driving licences or other specified67

5 Section 68 Noticesdocumentation at the Taxi Licensing Office;• suspend a licence;• revoke a licence;• recommend prosecution actionAn authorised officer may serve notice in writing for a Hackney Carriage orPrivate Hire Vehicle or the Taximeter affixed to such vehicle to be examined atthe council’s appointed garage at a time specified in the notice. This noticemust only be served having had due regard to the condition of the vehicle orwith reasonable grounds to suspect the accuracy of the taximeter.An authorised officer may, in addition to requiring the vehicle to be tested,suspend the vehicle licence until such time as he is satisfied with the conditionof the Hackney Carriage or Private Hire Vehicle. This action will only be takenwhen he has reasonable grounds to suspect that the condition of the vehicle isan immediate danger to passenger and/or other road users.6 Appeals6.1 Appeals against decisions of the Public Protection Committee may be made tothe Magistrates’ Court.6.2 Any notifications of enforcement actions will include written information onhow to appeal. This will explain how, where and within what period an appealmay be brought and on what grounds and will confirm that the enforcementaction is suspended pending the outcome of the appeal.7 Prosecution7.1 The decision to prosecute is a very significant one. Prosecution will, ingeneral, be restricted to those circumstances where the law is blatantlydisregarded, legitimate instructions of the Council are not followed and / orthe public is put at serious risk. Such circumstances are, however, in aminority. It is important that the criteria on which a decision to prosecute ismade provide common standards which ensure a consistent approach. (Moredetailed guidance on the general criteria to be applied when considering aprosecution can be found in the Council’s General Guidance on ProsecutionCriteria).7.2 The circumstances which are likely to warrant prosecution may becharacterised by one or more of the following:-• where there is a blatant disregard for the law, particularly wherethe economic advantages of breaking the law are substantial andthe law-abiding are placed at a disadvantage to those whodisregard it;• when there appears to have been reckless disregard for thesafety of passengers or other road users;• where there have been repeated breaches of legal requirements;• where a particular type of offence is prevalent;• where a particular contravention has caused serious public alarm.7.3 When circumstances have been identified which may warrant a prosecution,all relevant evidence and information must be considered, to enable aconsistent, fair and objective decision to be made.68

7.4 Before referring a matter to the Unit Business Manager for possibleprosecution, the Commercial & Licensing Manager as well as the Council’sLegal & Democratic Services Business Manager must be satisfied that there isrelevant, admissible, substantial and reliable evidence that an offence hasbeen committed by an identifiable person or company. There must be arealistic prospect of conviction, a bare prima facie case is not enough. Withinsufficient evidence to prosecute, the issue of a formal caution is not analternative.7.5 In addition to being satisfied that there is sufficient evidence to provide arealistic prospect of conviction, there must be a positive decision, based onthe relevant criteria, that it is in the public’s interest to prosecute. The Codefor Crown Prosecutors, (January 1992) issued by the Crown ProsecutionService, provides guidance which will be considered, including relevant publicinterest criteria.7.6 When a decision is being taken on whether to prosecute, the factors to beconsidered may include:-• the seriousness of the alleged offence;• the risk or harm to the public;• identifiable victims;• failure to comply with a statutory notice served for a significantbreach of legislation;• disregard of safety for financial reward;• the previous history of the party concerned;• offences following a history of similar offences;• failure to respond positively to past warnings;• the ability of any important witnesses and their willingness to cooperate;• the willingness of the party to prevent a recurrence of theproblem;• the probable public benefit of a prosecution and the importance ofthe case e.g. whether it might establish a legal precedent. (Asindicated above, advice on the public interest is contained in theCode for Crown Prosecutors. The general thrust of the advicecontained therein is that, the graver the offence, the lesslikelihood there will be that the public interest will allow anythingother than a prosecution);• whether other action, such as issuing a formal caution inaccordance with the Home Office Circular 18/1994 would be moreappropriate or effective. See section 8 of this Policy for advice inrespect of formal cautions.7.7 Once a decision that prosecution is the most appropriate course of action hasbeen taken, the matter will be referred, without undue delay, to the Council’sSecretary and Solicitor. Providing the Legal & Democratic Services BusinessManager agrees with the decision, a prosecution will be instigated.8 Formal Cautions8.1 A formal caution may be used as an alternative to a prosecution in certaincircumstances.8.2 Home Office Circular 18/1994 states that the purposes of the formal cautionare:-69

• to deal quickly and simply with less serious offences;• to divert less serious offences away from the Courts;• to reduce the chances of repeat offences8.3 To safeguard the suspected offender’s interests, the following conditionsshould be fulfilled before a caution is administered:-• there must be evidence of the suspected offender’s guilt sufficientto give a realistic prospect of conviction;• the suspected offender must admit the offence;• the suspected offender must understand the significance of aformal caution and give informed consent to being cautioned.8.4 If there is insufficient evidence to consider taking a prosecution, then byimplication, the criteria is not satisfied for the use of a formal caution. Aformal caution should also not be used where the suspected offender does notmake a clear and reliable admission of the offence. (It should be noted thatthere is no legal obligation for any person to accept the offer of a formalcaution and no pressure should be applied to the person to accept a caution).8.5 Formal cautions must be used in accordance with the Home Office Circularand may only be issued by the Unit Business Manager.8.6 Where a person declines the offer of a formal caution, it will be necessary toconsider taking alternative enforcement action. Whilst this will probably meanprosecution, this is not necessarily inevitable. For example, it may beconsidered that a written warning would be appropriate.9 Transparency9.1 inspection, the licence holder will be informed of the action intended to betaken as soon as possible.9.2 Following the completion of an investigation into a complaint or anyenforcement activity, the licence holder will be informed of the actionintended to be taken.9.3 Any written documentation issued or sent will:-• contain all the information necessary to understand the offenceand what needs to be done to rectify it. Where works arerequired, the period allowed for them to be completed will beindicated;• indicate the legislation or conditions contravened and measureswhich will enable compliance with the legal requirements andpoint out, where appropriate, that other means of achieving thesame effect may be chosen; and• clearly indicate any recommendations of good practice under anappropriate heading, to show that they are not a legalrequirement.9.4 Following the receipt of a notification of a conviction or an adverse vehicle9.5 The clear distinction between legal requirements and matters which arerecommended as good practice in all enforcement action, even if only givingverbal advice, is vitally important.70

APPENDIX LPOLICY GUIDELINES FOR DEALING WITH OFFENCES COMMITTEDDURING THE TERM OF A LICENCE1 General PolicyEach case will be determined on its own merits, however, listed below are somegeneral principles relating to the determination of applications for drivers andoperators of hackney carriages and private hire vehicles which are generally to befollowed.The holders of both Hackney Carriage and Private Hire Vehicle drivers licences mustimmediately report all criminal convictions and driving offences which occur during thecurrency of their licence to the licensing officer. In addition, breaches of the relevantlegislation or conditions attached to driver, operator and vehicle licences may come tolight following complaints, enforcement action or investigations. The action to befollowed in response to such matters will be determined on its own merits, however,set out below are some general principals which may be followed. These actions willbe taken irrespective of any penalty points which may be assigned to a driver’s recordin accordance with the policy detailed at Appendix N.2 Matters Normally To Be Dealt With By The Licensing Officer UnderDelegated PowersThe licensing officer (on behalf of the Unit Business Manager Consumer Wellbeing andProtection) may deal directly with less serious first offences without referring thematter to the Public Protection Committee (the Committee). They may choose to takeno action or may issue warnings as to future conduct.2.1 Convictions for minor traffic offencesIn the case of a single conviction no action will normally be warranted.However, if more than one offence is committed, then a warning as to futuredriving standards will normally be issued.2.2 Disqualification from driving following the ‘Totting Up’ procedure orfor drink drivingAs the driver ceases to have a valid DVLA driving licence, his taxi driver’slicence must be revoked. An application for a new licence may be made oncethe DVLA licence is restored and this will be treated in accordance with theappropriate guidelines for new applications.2.3 Failure to report a convictionThe failure to report a conviction within a reasonable time will normally bedealt with by issuing a written warning in addition to any further actions thatmay be warranted by the nature of the offence.2.4 Failure to report an accidentThe failure to report an accident to the licensing officer will normally be dealtwith, in the first instance, by issuing a written warning.2.5 Defective VehiclesIf during routine enforcement work or following the investigation of acomplaint, a defect is identified on a licensed vehicle that could affect safetysuch as a worn tyre, the licensing officer will issue a stop notice withimmediate effect. This will stop the vehicle being used as a taxi or private hirevehicle, as appropriate, until the defect is remedied and the repair certified by71

the council’s appointed garage.2.6 Refusal to carry a passenger in a hackney carriageIn these circumstances the driver will be invited to state the reasons for hisactions and if the licensing officer is satisfied that the driver had a justifiablereason, then no action will be taken. If, however, there appears to be noacceptable justification for the refusal, the matter will normally be dealt withby the issue of a written warning. Subsequent offences would, however, resultin referral to the Committee.2.7 Unauthorised rankingThis will, dependent on circumstances, normally result in the issue of a verbalor written warning. Subsequent contraventions will result in referral to theCommittee.2.8 Private hire vehicle plying for hireThis will normally result in the issue of a written warning. Subsequentcontraventions will result in referral to the Committee.2.9 Exceeding the allowed number of passengersThis will normally result in, at least, the issue of a written warning.Subsequent contraventions will result in referral to the Committee.2.10 Touting for businessThis will normally result in at least the issue of a written warning. Subsequentcontraventions will result in referral to the Committee.2.11 Illegal advertising on vehicleThis will normally result in the issue of a written warning. Subsequentcontraventions will result in referral to the Committee. The offendingadvertisement must be immediately removed.2.12 Failure to display plates or badgesThis would normally result in at least a written warning.contraventions will result in referral to the Committee.Subsequent2.13 Confirmed complaints of rude or aggressive behaviourIn less serious cases, a warning as to future conduct will be given. However, ifthe nature or level of aggression leads the licensing officer to be concernedabout public safety the matter will be brought before the Committee.2.14 Complaints against breaches of the drivers dress codeThis will, dependent on circumstances, result in the issue of a warning.Persistent contraventions will result in referral to the Committee.2.15 Presence in the vehicle of unauthorised telecommunication apparatusThis will normally result in the issue of a written warning. Subsequentcontraventions will result in referral to the Committee.2.16 Failure to comply with a lawful requirement or instruction from an authorisedofficer of the council or a police constable.72

The holders of licences are legally obliged, under the relevant legislation, tocomply with a number of requirements or instructions given to them by anauthorised officer of the council or a police constable. These would include, forexample, the production of licences, vehicle inspection reports and insurancecertificates or the surrender of licences or plates following suspensions orrevocations. Where the licensee has failed to produce a document on time butsubsequently does so, the licensing officer will normally issue a writtenwarning. Where, however, they do not produce the documents, despitereasonable attempts to make them do so, the matter will be referred to theCommittee. Where a driver or proprietor has failed to return a licence orplates following a revocation of a licence, the only sanction open to thelicensing officer is to institute a prosecution.2.17 Obstructing an authorised officer of the Council or a Police Constablein the execution of his dutyIf the holder of a licence has, in the officer’s opinion, obstructed an authorisedoffer of the Council or a Police Constable in carrying out their duties under thestatutes, it will be considered a very serious matter and will, unless there isgood reason not to, result in a prosecution, if the evidence supports it.2.18 ProsecutionsIn circumstances where justified within this enforcement policy, the licensingofficer (on behalf of the Unit Business Manager Consumer Wellbeing andProtection) may institute proceedings to prosecute offenders without firstreferring the matter to the Committee.3 MATTERS TO BE DEALT WITH BY THE PUBLIC PROTECTIONCOMMITTEEThe Public Protection Committee will be asked to deal with the more seriousoffences and/or to determine the most appropriate action where furtheroffences occur within 2 years of the issue of a warning or other informalaction. The committee may choose to take any actions open to the licensingofficer. Whilst it is not possible to cover every conceivable offence, listedbelow are those specific matters which will always be referred to theCommittee. The Public Protection Committee may decide to take any of theactions open to them dependent on the facts of each particular case. Howeveralso listed below are some general suggestions as to appropriate sanctions tobe imposed.3.1 Conviction of a major traffic offence or insurance offencesThe actions taken will be dependent on the facts of the case and therepresentations made. In principal the Committee will not seek to punish anoffender twice but to take measures to ensure that the licensee is aware ofthe importance of maintaining a high standard of driving. A warning willgenerally be an appropriate decision. However, if the offence is particularlyserious or the circumstances warrant it, a short suspension of the licence maybe imposed3.2 Conviction for drunkenness not in a motor vehicleA single isolated offence may be dealt with by a warning. However, if thecircumstances of the case establish that violence has been involved or thatthe licensee drinks excessively, a suspension of the licence may be consideredalong with a recommendation that some help be obtained to deal with theproblem. If the Committee are not satisfied with the response of the licenseeto this suggestion they may consider revocation of the licence appropriate.3.3 Conviction for drug related offences and for indecency73

The nature of such offences is such that public safety is always going to be ofconcern. Whilst any decision will be made having regard to the facts of thecase, such a conviction may result in the licence being revoked.3.4 Convictions for violenceThe Committee must carefully consider the facts of the case and decidewhether the offender’s actions are likely to be repeated or whether theoffence was out of character. The aim should not be to punish twice but toensure that public safety is not compromised.If, after due consideration it is thought that there is a possibility of furtheroffences being committed, then a revocation of the licence may be justified.On the other hand if the offence was thought to be isolated and out ofcharacter a lesser penalty may be imposed.3.5 Convictions for dishonestyThe penalty imposed for such contraventions must be proportionate to thegravity of the offence. Again the purpose is not to punish an individual twicebut to ensure that the licensee is made absolutely clear as to the level of trustexpected of licensed drivers and operators. In serious cases a lengthysuspension or revocation may be justified particularly if the offence wasconnected with his work. If the offence was less serious or isolated a lesserpenalty including a shorter suspension or even a warning may be sufficient tomake a driver realise the importance of honesty in his chosen profession.3.6 Overcharging a passengerIt is relatively easy for a driver to defraud the public because of the natureand complexity of the tariff system. Overcharging should, therefore, beconsidered a serious breach of trust which should be dealt with by imposing asignificant penalty. A suspension or even revocation of a licence may,therefore, be justified.3.7 Persistent failure to comply with a lawful requirement or instructionfrom an authorised officer of the Council or a police constableIn circumstances where an offender has failed to comply with a lawfulrequirement of an officer, despite all reasonable attempts to make him do so,the Committee will decide what action to take having regard to any excusesmade for such failure. This may involve either a suspension or revocation of alicence.3.8 Other ContraventionsAny offence which, in the opinion of the licensing officer is best dealt with bythe Committee, may be brought before them. Such cases, which may includethose where requirements have been persistently breached and wherewarnings have not been heeded, will be decided in the light of the facts of thecase and the representations made. Any penalty imposed must beproportionate to the seriousness of the offence and the over ridingrequirement to ensure public safety.74

APPENDIX MDISCIPLINARY HEARINGS1 IntroductionMeetings of the Public Protection Committee will be convened, as and whennecessary, to consider appropriate disciplinary measures involving proprietors,operators and drivers, whenever they have been convicted of offences beforethe courts, or where action has been taken as a result of breaches of the law orconditions imposed under the relevant licence. The purpose of such meetingsshall be for the Committee to consider which, if any, of the options availableshould be implemented.2 The Options AvailableThe Public Protection Committee, after the details of the referral have beenoutlined, and the licence holder has been given the opportunity to address thehearing, as well as ordering penalty points (see below) may order one of thefollowing:• The suspension of the licence;• The revocation of the licence;• A refusal to renew a licence;• The imposition of further conditions;• No further action to be taken.The Committee may also recommend the cautioning or prosecution of licenceholders, in circumstances where there are persistent or serious breaches ofconditions, which have not been dealt with otherwise.3 Penalty Points SystemSubject to the general discretion of the Public Protection Committee to takewhatever action it deems appropriate, the ‘penalty points system’ detailed atAppendix N shall be operated and used as a framework for the Committee’sdecision-making. The fundamental principle of the system is that, if a licenceholder accumulates 12 or more penalty points in any two year period, his or herlicence shall be revoked on the basis that he or she has ceased to be a fit andproper person to hold such a licence.4 Penalty Points ApplicableThe offences that will ordinarily give rise to the Public Protection Committeeattaching penalty points to a licence holder’s record are listed at Appendix N. Thelist is not exhaustive and offences not on the list may nonetheless give rise tothe consideration of penalty points if sufficiently relevant and serious. Where arange of points is indicated, the Committee shall decide on the number meritedby the offence, taking account of the circumstances of the offence and thesentence imposed by the court.75

APPENDIX NPENALTY POINTS SYSTEMThe Penalty Points Scheme will operate as follows:-1 The Council's Enforcement Policy will be fully considered by the reportingOfficer when determining the manner in which any offence or breach oflicence conditions is dealt with. Where it is decided that the use of the penaltypoints system is appropriate, the points will be recommended on a scale of 1to 3 dependent upon the type of offence or breach of licence conditions by theLicensing Officer. Prior to the issue of penalty points to a licensee, thecontravention(s) will be reviewed by the Commercial and Licensing Managerso as to ensure that the appropriate action is being taken and then, ifapproved, the points will be issued by the Unit Business Manager.2 Before penalty points are issued, there must be sufficient evidence to supporta prosecution or breach of licence conditions. The licence holder must admitthe offence or breach of conditions and also agree to the imposition of thepoints before penalty points can be issued. If he/she refuses to do so, ordisputes the offence or breach of conditions, the matter will be resolved byreverting to normal practice and procedures.3 A maximum of twelve penalty points will be issued on any one occasion. Thismeans that if on any occasion when it is proposed to impose penalty points, alicence holder has committed more than one offence or breach of licenceconditions, no more than 12points will be imposed.4 Points issued to either a proprietor or driver will be confirmed in writing within10 working days from the discovery of the contravention.5 When issued, the penalty points will remain "live" for a period of two yearsfrom the date they are imposed so that only points accumulated in a rolling24 months period will be taken into account. If a driver, proprietor or operatoraccumulates twelve or more points within a period of two years from the datethey are imposed, he/she will be brought before the Council's PublicProtection Committee or a Panel of that Committee for the appropriatesanction to be taken.6 Where a driver is brought before the Committee, the options available to theCommittee will be to suspend or revoke the driver's licence, where Membersare satisfied that the driver had failed to comply with the provisions of theLocal Government (Miscellaneous Provisions) Act 1976 or the Town PoliceClauses Act 1846 or have a reasonable cause for believing so. The admissionby the driver of the offences or breaches of licence conditions supports thiscourse of action. If the members of the Committee do not feel that the matterwarrants revocation or suspension of the licence, they may extend the periodfor which the points are to remain "live" or to issue a warning to the driver.7 Periods of Suspension of a Licence will be dependant on the nature of thebreaches of the legislation and the compliance history of the individual.Suspension periods will normally vary between 7 to 31 days. More than oneaccumulation of penalty points in excess of a personal threshold in any threeyear period will result in the Committee or Panel reviewing whether theindividual is suitable to continue holding licences with the Authority76

8 Once the matter has been dealt with, the points will be removed if asuspension or revocation is imposed. However, if the period is extended or awarning given, the points will remain "live" for the normal two-year period.9 A driver will retain the right to be represented at any meeting of the Council'sPublic Protection Committee either legally or otherwise and to put forwardsuch evidence as he/she deems necessary.10 Even though penalty points have been issued, if it is found that the driver hasbeen issued with penalty points or has been formally cautioned for similaroffences the Council retains the right to cancel the penalty points and dealwith the matter in accordance with the Enforcement Policy.11 Any person aggrieved by the issue of Penalty Points may appeal, within 14days of the issue of the Penalty Points Notice, to the Council's PublicProtection Committee.12 The system will operate without prejudice to the Council’s ability to take otheraction that it is entitled to take under legislation, by-laws and regulations77

LIST OF OFFENCES / BREACH OF LICENCE CONDITIONS / BYELAWS ETC.HACKNEY CARRIAGESTown Police Clauses Act 1847Section Offence Points40 Giving false information on application for HC proprietor’s licence. 5-1044 Failure to notify change of address of HC proprietor. 245 Plying for hire without HC proprietor’s licence. 8-1247 Driving a HC without HC driver’s licence. 8-1247 Lending or parting with HC driver’s licence. 447 HC proprietor employing unlicensed driver. 848 Failure by HC proprietor to hold HC driver’s licence. 648 Failure by HC proprietor to produce HC driver’s licence. 352 Failure to display HC plate. 453 Refusal to take a fare without reasonable excuse 454 Charging more than the agreed fare. 655 Obtaining more than the legal fare. (Failure to refund) 656 Travelling less than the lawful distance for an agreed fare. 657 Failure to wait after a deposit to wait has been paid. 658 Charging more than the legal fare. 659 Carrying other person than the hirer without consent of hirer 460 Driving HC without proprietor’s consent. 460 Allowing another to drive HC without proprietor’s consent. 462 Driver leaving HC unattended. 264 HC driver obstructing other HC’s. 3Local Government (Miscellaneous Provision) Act 1976Section Offence Points49 Failure to notify the transfer of a HC proprietor’s licence. 350(1) Failure to present a HC for inspection, as required. 350(2) Failure to inform the Authority where the HC is stored. 350(3) Failure to report an accident to the Authority within 72hours. 350(4) Failure to produce the HC proprietor’s licence and insurance cert 353(3) Failure to produce HC driver’s licence. 257 Making a false statement or withholding information to obtain a 10HC driver’s licence.58(2) Failure to return a plate after notice given following expiry,6revocation or suspension of a HC proprietor’s licence.61(2) Failure to surrender a driver’s licence after suspension, revocation 6or refusal to renew.64 Permitting any vehicle other than a HC to wait on a HC stand. 666 Charging more than the meter fare for a journey ending outside 6the district, without prior agreement.67 Charging more than the meter fare when HC used as PH vehicle. 669 Unnecessarily prolonging a journey. 671 Interfering with a taximeter with intent to mislead. 1273(1)(a) Obstruction of an authorised Officer or Constable. 1273(1)(b) Failure to comply with a requirement of an authorised Officer or 8Constable.73(1)(c) Failure to give information or assistance to an authorised Officeror Constable.678

Disability Discrimination Act 1995Section Offence Points37 Refusal to carry a guide, hearing or other assistance dog in a taxi. 4Bye-laws Hackney CarriagesBye-law Offence Points2PH5 L48Failure to display or maintain the external licence plates in thecorrect position or to conceal or deface the same43 Failure to provide communications with the driver 23 Failure to meet standards in respect of vehicle furnishings 33PH113v7Operating a vehicle that is not clean and tidy 3Failure to carry an efficient fire extinguisher. 34-5 Operating a vehicle with a taximeter which does not comply withbye-laws6PH237L71Using a taximeter not in compliance with bye-laws includingfailure to bring the taximeter into operation and failure to keepthe dial of the taximeter illuminated.Tampering with a taximeter 108 Failure to observe rank discipline as per bye-law requirements(Failure to proceed etc).9 Calling out or importuning persons to use the hackney carriagewhen standing or plying for hire.10PH410PH411PH612PH713PH814PH315PH9Failure to behave in a civil and orderly manner. 3Failure to ensure the safety of passengers 5Failure to attend punctually for a hiring without good reason. 2Failure to proceed to destination by the shortest available route 3Conveying more persons than permitted 6Failure to wear a badge 3Failure to give assistance with passenger’s luggage. 316 Failure to produce a copy of byelaws. 219 Failure to display a statement of fares or concealing or defacingthe same20PH3221PH32Failure to search vehicle after journey. 2Failure to take found property to the Council Offices within 48hours of finding.55232279

PRIVATE HIRELocal Government (Miscellaneous Provision) Act 1976Section Offence Points46(1)(a) Using an unlicensed PH vehicle. 1246(1)(b) Driving a PH vehicle without a PH driver’s licence. 1246(1)(c) Proprietor of a PH vehicle using an unlicensed driver. 846(1)(d) Operating a PH vehicle without a PH operator’s licence. 846(1)(e) Operating a vehicle as a PH vehicle when the vehicle is not12licensed as a PH vehicle.46(1)(e) Operating a PH vehicle when the driver is not licensed as a PH8driver.48(6) Failure to display a PH vehicle plate. 449 Failure to notify transfer of a PH vehicle licence. 350(1) Failure to present PH vehicle for an inspection, as required. 350(2) Failure to inform the Authority where the PH vehicle is stored, if 3requested.50(3) Failure to report an accident to the Authority. 350(4) Failure to produce a PH vehicle licence and an insurance6certificate.53(3) Failure to produce a PH driver’s licence. 354(2) Failure to wear a PH driver’s badge. 357 Making false statement or withholding information to obtain a PH 10driver or operator’s licence.58(2) Failure to return plate after notice given following expiry,6revocation or suspension of a PH vehicle licence.61(2) Failure to surrender a driver’s licence after suspension, revocation 6or refusal to renew.64 Permitting vehicle to wait on a Hackney stand 367 Charging more than the meter fare 669 Unnecessarily prolonging a journey. 671 Interfering with a taximeter. 1073(1)(a) Obstruction of an authorised Officer or Constable. 1273(1)(b) Failure to comply with a requirement of an authorised Officer or 8Constable.73(1)(c) Failure to give information or assistance to an authorised Officer 6or Constable.Private hire vehicles (Carriage of Guide Dogs etc) Act 2002Section Offence Points37ARefusal to accept a booking to carry a guide, hearing or otherassistance dog in a private hire vehicle.480

Private Hire Driver’s Licence ConditionsSection Offence Points2 Not being respectably dressed and clean & tidy in appearance 2Failure to wear a badge. 33B144B104B105PH26B117B128B139B15Failure to behave in a civil, polite and orderly manner. 3Failure to ensure the safety of passengers. 4Concealing or defacing a licence plate. 4Failure to attend on time for pre-arranged booking without2sufficient cause.Failure to proceed to destination by the shortest available route. 4Conveying a greater number of passengers than permitted. 6Failure to give assistance with passenger’s luggage. 310 Soliciting to hire or accepting hire not pre-booked. 4Operating a vehicle that is not clean and tidy 211B312 Driving without the consent of the proprietor. 513 Smoking, drinking or eating in the vehicle without permission ofpassenger.14 Cause excessive noise from any radio or sound-reproducing2instrument, which annoys anyone in or outside the vehicle.15 Operating the horn as a means of signalling that the vehicle has 3arrived.16 Allowing the vehicle to stand in such a position as to suggest that 2it is plying for hire, or using a hackney carriage stand.17 Using a non-hands free mobile phone whilst driving 318-20 Failure to provide medical certificate or not notifying a medical3condition22 Failure to provide a receipt when requested. 223B6Failure to operate the meter from commencement of the journeyand charging more than the fixed charge for hire of HackneyCarriages.25 Failing to notify changes within 14 days. 326 Failure to produce a copy of the licence. 227 Failure to notify within 7 days of starting or terminating2employment, the name and address of the proprietor and the datewhen the employment either started or ended.28 Failure to show the private hire driver’s licence to the proprietor 2at the beginning of an employment.29 Failure to surrender a driver’s licence, badge or plate on cessationof employment.3Failing to notify of change of address within 7 days. 330T4431L50()Failing to disclose convictions within 7days. 1232 Failure to search vehicle after journey or failure to take found2property to the Council Offices within 48 hours of finding.Failure to report an accident within 72hours 333L50(3)34 Carrying an animal other than one with passenger. 235 Carrying an animal not safely restrained. 3Failure to carry assistance dog without exemption certificate. 536D3737 Failure to comply with wheelchair carriage requirements. 5581

Vehicle Specifications & Conditions of LicenceSection Offence PointsOperating a vehicle which does not comply with the CouncilsVehicle Specification where such offence is not otherwise specifiedbelow1.9 Operating a vehicle which is not maintained in a sound androadworthy condition.7B3Failure to carry an appropriate fire extinguisher 38 Failure to carry an a appropriate first aid kit 311B3,PH11Operating a vehicle which is not maintained in a clean and safecondition inside and out.12 Modifying a vehicle without the consent of the Council 213B2,PH5Failure to display or maintain external licence plates which indicatethe maximum number of passengers who may be conveyed.13 Failure to display inside the vehicle the windscreen licence disc inthe correct position14 Hackney vehicle signage not in accordance with councilrequirements.14.2 Fail to display PH Signs on the 2 front doors of a PH vehicle 414.2 Affixing or displaying on a private hire vehicle any roof sign. 42-65353414.2 Displaying on a private hire vehicle any sign or notice whichconsists of or includes the word TAXI or CAB or FOR HIRE15 Displaying a sign or advertisement that does not comply withCouncil requirements or is not authorised by the Council.4316 Radio equipment not in accordance with council requirements 217B4/5Taximeter which does not comply the Councils VehicleSpecification.18 Trailer which does not comply the Councils Vehicle Specification 319 Operating a vehicle which does not comply with the Councilsrequirements in respect of disability provision20 Operating a vehicle which does not comply the Councils VehicleSpecification in respect of LPG21L50(4)22L50(4)23L49Operating a vehicle which does not comply the Councils VehicleSpecification in respect of window tint.No insurance or inappropriate insurance for the vehicle. 12Failing to notify change or transfer within 14 days. 324 Failing to make the vehicle licence available for inspection. 3543225L46 1e26L50(3) PH33Allowing a vehicle to be used for hire by a person who does nothold a current private hire or hackney driver’s licenceFailure to properly report an accident to the Authority. 327 Permitting the vehicle to be used for any illegal or immoralpurposes.8682

PRIVATE HIRE OPERATORSLocal Government (Miscellaneous Provisions) Act 1976Section Offence Points56(2) Failing to keep proper records of all bookings or failing to producethem. (also breach of conditions see below)56(3) Failure to keep records of PH vehicles or failing to produce them.(also breach of conditions see below)56(4) Failing to produce PH Operator’ licence on request. (also breach ofconditions see below)46(1)(e)46(1)(e)73(1)(c)Operating a PH vehicle when the driver is not licensed as a PHdriver.Operating a vehicle as a PH vehicle when the vehicle is not licensedas a PH vehicle.Failure to give information or assistance to an authorised officer orconstable.Breach of Conditions attached to Operator’s Licence1 Failure to provide a prompt, efficient and reliable service at allreasonable times.1 Failure to ensure that office staff employed by operator act in a civiland orderly manner at all times.1 Failure to ensure that a vehicle attends punctually at the appointedtime and place unless prevented by some sufficient cause.1 Failure to keep the premises clean, adequately heated, ventilated,lit, and in accordance with the requirements of licence conditions.2 Failure to properly keep or produce records of private hirebookings, vehicles, drivers or other documents required to be keptor produced.(see LGMP s56(2) & (3) above)3 Failure to act properly upon the receipt of a complaint or to notifyimmediately the Licensing Officer.4 Failure to notify the Council of any changes, including change ofaddress from where the business operates within 14 days.5 Failure to disclose in writing within 7 days details of any convictionor police caution imposed on him to the licensing section.6 Failure to ensure that an appropriate certificate of motor insurancecovers every vehicle operated by him under the licence.6 Failure to obtain appropriate public liability insurance for thepremises or to produce the same.7 Failure to ensure that every driver has a private hire licence andbadge.8 Failure to keep a copy of the conditions at the premises or to makethe same available for inspection by passengers.9 Failure to make the Operator’s licence available for inspection. (seeLGMP s56(4) above)664121253343643126444483

APPENDIX OOFFENCES & PENALTIES - HACKNEY CARRIAGES AND PRIVATE HIREVEHICLESIntroductionTwo statutes principally create offences relating to Hackney Carriages and Private HireVehicles:i) Town Police Clauses Act 1847.ii) Local Government (Miscellaneous Provisions) Act 1976.The offences are set out below under the relevant statuteIn relation to the maximum penalties specified, the levels of fine are currently asfollows:Level 1 - £200;Level 2 - £500;Level 3 - £1,000;Level 4 - £2,500.a) Town Police Clauses Act 1847HACKNEYSSection Offence MaximumPenalty40 Giving false information on application for HC licence. Level 144 Failure to notify change of address of HC proprietor. Level 145 Plying for hire without HC proprietor’s licence. Level 447 Driving a HC without HC driver’s licence. Level 347 Lending or parting with HC driver’s licence. Level 347 HC proprietor employing unlicensed driver. Level 348 Failure by HC proprietor to hold HC driver’s licence. Level 148 Failure by HC proprietor to produce HC driver’s licence. Level 152 Failure to display HC plate. Level 153 Refusal to take a fare. Level 254 Charging more than the agreed fare. Level 155 Obtaining more than the legal fare. Level 3 and 1 month’simprisonment56 Travelling less than the lawful distance for an agreed fare. Level 157 Failing to wait after a deposit to wait has been paid. Level 158 Charging more than the legal fare. Level 359 Carrying other person than the hirer without consent. Level 160 Driving HC without proprietor’s consent. Level 160 Allowing another to drive HC without proprietor’s consent. Level 161 Drunken driving of HC Level 161 Wanton or furious driving leading to injury or danger. Level 162 Driver leaving HC unattended. Level 164 HC driver obstructing other HC’s. Level 184

) Local Government (Miscellaneous Provision) Act 1976Section Offence MaximumPenalty49 Failure to notify the transfer of a HC proprietor’s licence. Level 3 (byvirtue of s76)50(1) Failure to present a HC for inspection, as required. Level 3 (byvirtue of s76)50(2) Failure to inform the Authority where the HC is stored, ifrequested.Level 3 (byvirtue of s76)50(3) Failure to report an accident to the Authority. Level 3 (byvirtue of s76)50(4) Failure to produce the HC proprietor’s licence and insurancecertificate.Level 3 (byvirtue of s76)53(3) Failure to produce the HC driver’s licence. Level 3 (byvirtue of s76)57 Making a false statement or withholding information to obtaina HC driver’s licence.Level 3 (byvirtue of s76)58(2) Failure to return a plate after notice given following expiry,revocation or suspension of a HC proprietor’s licence.Level 3 + fineof £10/day61(2) Failure to surrender a driver’s licence after suspension,revocation or refusal to renew.Level 3 (byvirtue of s76)64 Permitting any vehicle other than a HC to wait on a HC stand. Level 3 (byvirtue of s76)66 Charging more than the meter fare for a journey endingoutside the district, without prior agreement.Level 3 (byvirtue of s76)67 Charging more than the meter fare when HC used as privatehire vehicle.Level 3 (byvirtue of s76)69 Unnecessarily prolonging a journey. Level 3 (byvirtue of s76)71 Interfering with a taximeter. Level 3 (byvirtue of s76)73(1)(a) Obstruction of an authorised Officer or Constable. Level 3 (byvirtue of s76)73(1)(b) Failure to comply with a requirement of an authorised Officeror Constable.Level 3 (byvirtue of s76)73(1)(c) Failure to give information or assistance to an authorisedOfficer or Constable.Level 3 (byvirtue of s76)46(1)(a) Using an unlicensed PH vehicle. Level 3 (byvirtue of s76)46(1)(b) Driving a PH vehicle without a PH driver’s licence. Level 3 (byvirtue of s76)46(1)(c) Proprietor of a PH vehicle using an unlicensed driver. Level 3 (byvirtue of s76)46(1)(d) Operating a PH vehicle without a PH operator’s licence. Level 3 (byvirtue of s76)46(1)(e) Operating a vehicle as a PH vehicle when the vehicle is notlicensed as a PH vehicle.Level 3 (byvirtue of s76)46(1)(e) Operating a PH vehicle when the driver is not licensed as a PHdriver.Level 3 (byvirtue of s76)48(6) Failure to display a PH vehicle plate. Level 3 (byvirtue of s76)49 Failure to notify transfer of a PH vehicle licence. Level 385

PRIVATE HIRESection Offence MaximumPenalty50(1) Failure to present PH vehicle for an inspection, as required. Level 3 (byvirtue of s76)50(2) Failure to inform the Authority where the PH vehicle is stored,if requested.Level 3 (byvirtue of s76)50(3) Failure to report an accident to the Authority. Level 3 (byvirtue of s76)50(4) Failure to produce a PH vehicle licence and an insurancecertificate.Level 3 (byvirtue of s76)53(3) Failure to produce a PH driver’s licence. Level 3 (byvirtue of s76)54(2) Failure to wear a PH driver’s badge. Level 3 (byvirtue of s76)56(2) Failure by a PH operator to keep records of bookings. Level 3 (byvirtue of s76)56(3) Failure by a PH operator to keep records of PH vehiclesoperated by him.Level 3 (byvirtue of s76)56(4) Failure to produce a PH operator’s licence on request. Level 3 (byvirtue of s76)57 Making false statement or withholding information to obtain aPH driver or operator’s licence.Level 3 (byvirtue of s76)58(2) Failure to return plate after notice given following expiry,revocation or suspension of a PH vehicle licence.Level 3 + fineof £10/day61(2) Failure to surrender a driver’s licence after suspension,revocation or refusal to renew.Level 3 (byvirtue of s76)67 Charging more than the meter fare when a HC used as PHvehicle.Level 3 (byvirtue of s76)69 Unnecessarily prolonging a journey. Level 3 (byvirtue of s76)71 Interfering with a taximeter. Level 3 (byvirtue of s76)73(1)(a) Obstruction of an authorised Officer or Constable. Level 3 (byvirtue of s76)73(1)(b) Failure to comply with a requirement of an authorised Officeror Constable.Level 3 (byvirtue of s76)73(1)(c) Failure to give information or assistance to an authorisedOfficer or Constable.Level 3 (byvirtue of s76)c) Transport Act 1980Section Offence MaximumPenalty64(2)(a) Driving a PH vehicle with a roof sign, which contravenes s64 (1). Level 364(2)(b) Causing or permitting a PH vehicle to be driven with a roof signwhich contravenes s64 (1).Level 386

APPENDIX PPRIVATE HIRE OPERATOR’S LICENCE CONDITIONS1 STANDARDS OF SERVICEThe operator shall:1.1 Provide a prompt, efficient and reliable service to members of the public at allreasonable times.1.2 Ensure that office staff, employed by operator, act in a civil and orderly mannerat all times.1.3 Ensure, when a vehicle has been hired, that it arrives punctually at theappointed place, unless delayed by unforeseen circumstances.1.4 Ensure that premises provided for the purpose of booking or waiting are keptclean and are adequately lit, heated and ventilated.1.5 Ensure that any waiting area provided has adequate seating facilities andtelephone facilities are in good working order.1.6 Fulfil his responsibilities to ensure compliance with legislation regarding thelength of working hours.2 RECORDSThe records which must be kept by operators under the Local Government(Miscellaneous Provisions) Act 1976 shall be kept in a non erasable form in a suitablelog or book, the pages of which are numbered consecutively.2.1 Bookings2.2.1 Prior to each journey, the operator shall enter the following particulars ofevery booking of a private hire vehicle accepted, pursuant to section 56 (2)of the Local Government (Miscellaneous Provisions) Act 1976, containingthe following particulars, namely:-2.2 Vehicles• the date of the booking• the name and address of the hirer• the time of pick-up• the address of the point of pick-up• the destination• the time at which a driver was allocated to the booking• the plate number (or other identification) of the vehicle allocated2.2.2 The operator shall keep records of the particulars of all private hire vehiclesoperated by him/her, pursuant to section 56 (3) of the Act such details toinclude the following particulars, namely:-• Type, Make, Model, Colour and Engine Size of Vehicles• The year when the vehicle was first licensed for private hire87

2.3 Drivers• Vehicle Registration Numbers• The number of seats for passengers• Owners• Insurance details of vehicles• Whether a meter is fitted• Private Hire Vehicle Plate Numbers2.3.1 The operator shall keep records of the particulars of all drivers of private hirevehicles operated by him/her, pursuant to section 56 (3) of the Act suchdetails to include the following particulars, namely:-• Details as to the drivers of the vehicles, and their call signs• Details of when any new driver begins service• Details of when any driver’s service ceases• Details of any change of address of any driver in service• If he/she becomes aware that any driver is suffering from anyillness, disability or condition which may affect the driver’sability to safely carry out his/her duties, details of thatinformation• Expiry dates of driver’s badges and vehicle licencesAll records maintained by the operator shall be kept for at least 12 monthsafter entry and shall be produced for inspection, on request, by any authorisedofficer.3 COMPLAINTSThe operator shall immediately, upon receipt, notify the Licensing Office in writing ofany complaints concerning a contract for hire arising from his/her business, suchnotification to include the action taken or proposed as a result of the complaint.4 CHANGE OF ADDRESS ETCThe operator shall notify the Council in writing of any change affecting this licenceincluding change of address (including any address from which he operates orotherwise conducts his business) which takes place during the currency of the licence.Such notice shall be given within 14 days of the change to the Licensing Officer.5 DISCLOSURE OF CONVICTIONSThe operator shall, within 7 days of conviction, notify the Licensing Officer in writing ofany conviction or fixed penalty imposed on him during the currency of his/heroperator’s licence. If the operator is a company or partnership, this requirement shallapply if any of the directors or partners receive a conviction or fixed penalty.6 INSURANCEThe operator shall ensure that a certificate of motor insurance covers every private hirevehicle operated by him under the licence, which is compliant with the Road Traffic Act1988 as regards the carriage of passengers for hire or reward.88

If the Operator has premises to which the public have access, in connection with thehiring of vehicles, he shall ensure that there is public liability insurance in force whichindemnifies him against any claim for loss, damage or personal injury by any personusing those premises.7 PRIVATE HIRE DRIVER’S LICENCESThe operator shall satisfy himself that every driver engaged by him has acquired aprivate hire driver’s licence and has a badge issued by the Licensing Office.8 DISPLAY OF TERMS AND CONDITIONSThe operator shall, at all times, keep a copy of these conditions at any premises usedby him/her for a private hire business and shall make the same available for inspectionby fare–paying passengers.9 INSPECTION OF LICENCEThe Operators Licence shall be made available for inspection on request by anyauthorised officer of the Council or any Police Officer.NOTE: PLANNING CONSENTTo operate a private hire business from home, planning permission, for suchbusiness use, will normally be required. A Private Hire Operator’s Licence willnot be granted without evidence that either planning permission has beenissued for the premises concerned or planning permission is not required for thelimited use proposed.89

APPENDIX QFARE TARIFFMAXIMUM FARES FOR HACKNEY CARRIAGES(Correct as at 1 st March 2006)Scale of maximum charges fixed by the Fylde Borough Council with respect to HackneyCarriages in the Borough to operate from 1 st June 2005.NOTE:Tariff 1 – applies Monday to Friday 6.00 a.m. to 11.00 p.m.Tariff 2 - applies to hirings on any day begun between 11.00 p.m. and 6.00a.m. and all day on Saturdays and Sundays, statutory holidays and BankHolidays, excluding Christmas Eve and Day, Boxing Day and New Year’s Eveand Day.Tariff 3 – applies to hirings commenced between 6:00pm on 24 th Decemberto 6:00am on 27 th December and between 6:00pm on 31 st December to6:00am on 2 nd January. Tariff 1 + 50%.1 MILEAGETariff 1: £2.20 for the first 548 yards or uncompleted part thereof and20p for each subsequent 274 yards or uncompleted part thereof.Tariff 2: £2.40 for the first 424 yards or uncompleted part thereof and20p for each subsequent 212 yards or uncompleted part thereof.2 WAITING TIME20 pence for each 60 seconds or uncompleted part thereof.3 EXTRA CHARGES20 pence for each article of luggage conveyed outside the passengercompartment of the carriage or for each perambulator carried.20 pence for each passenger in excess of one (two children between theages of 3 years and 12 years to be counted as one, younger children notto be reckoned).20 pence for each dog carried (except Guide Dogs).Cleaning charge arising from the withdrawal of a vehicle due topassenger abuse £40.00.4 PENALTY FOR BREACH OF FARE TABLEThe penalty for charging a fare in excess of the published table of faresexcept when such fare has been agreed with the passenger in advance willbe a fine not exceeding £400.90

APPENDIX REXAMPLE OF TAXI TARIFF FORMULA1 The most commonly used formula for calculating tariff rates is probably thatdeveloped some time ago by Brighton & Hove Council, in conjunction with their taxitrade.2 This formula, set out below, has been used by some authorities as the basis for settingthe maximum cost per mile which the Council will consider when reviewing their tariffrates.3Average Earnings(North Average West Productive Area) Mileage[Vehicle Running Costs for itsits Mileage x AverageProductive Mileage]+ +Average Productive MileageAdditionalInsurance CostsWhereAverage Earnings (NW) =The Government’s April published currentregional annual average earnings asindicated on the Income Data SurveyWebsite.Vehicle Running Costs per Mile = Average cost per mile, as determined bythe AA, of running a car costing between£13,000 and £20,000 over an annualmileage of 30,000 miles (Max available) –Determined by adding the costs per mile ofoperating a diesel vehicle and a petrolvehicle and dividing by 2.Average Productive Mileage = Taken to be 50,000 miles but with anallowance of 40% for “dead mileage” givinga figure of 30,000 milesAdditional Insurance Costs = These are the additional costs tocomprehensively insure an average taxivehicle over and above the costs, asdetermined by the AA, of the normal privatecar insurance that would be necessary forthat vehicle.4 Below is a worked example of the above mentioned formula using the followingexamples of current figuresAverage Earnings (NW)Vehicle Running Costs per Mile£22,204/year (£427/week)31.52 p/mile (30.33 pence per mile fordiesel cars + 32.71 pence per mile for petrolcars = 63.04 then divide by 2 for average)91

Average Productive Mileage30,000 (50,000 x60% (to allow for deadmileage)Additional Insurance Costs22,204£1037 (Taken from worked example for aPeugeot 405 less the cost of a policy forsuch a private car (which has already beenincluded in the AA running costs used tocalculate vehicle running costs above.39001£1037[31.52 x 30,000]+ +30,0005 The above calculation gives a result of £1.81 per mile which represents the highestfigure per mile for taxi fares that will be entertained by the Council and does notautomatically constitute the figure which the tariff will be set at.6 This figure can then be compared with current tariff charges for Fylde taxis in respect ofTariff 1 journeys. However, the basis for comparison is not made clear as part of theformula. For exampleAn average, three mile, Tariff 1, journey currently costs £5.80 and would, thereforeearn £1.93 per mile (above the result calculated under the Brighton & Hove formula!).On the other hand, an average of ten , Tariff 1 journeys, for between one and ten mileswould generate a total income of £89.60 for 55 miles travelled or £1.63 pence permile. (this time below the result calculated under the Brighton & Hove formula!)92

APPENDIX SLICENCE FEES - HACKNEY CARRIAGE / PRIVATE HIRE(Correct at March 2006)Licence etc.ChargeHackney Carriage Licence £134.00Private Hire Vehicle Licence £134.00Grant of Hackney Carriage/Private Hire Drivers Licence £60.00Renewal of Hackney Carriage/Private Hire Drivers Licence £50.00Private Hire Operator’s Licence £130Transfer of vehicle ownershipDual Driver’s LicenceNo chargeNot currently applicableFare Cards £0.80Vehicle Plates – Full Set £20.50Replacement driver’s Badges £10.50Refund of Vehicle licencesPortion of year remainingplus any adjustment forpre-booked tests +admin charge93

APPENDIX TTAXI RANKS IN THE FYLDE AREAThe Authority has appointed ranks, as indicated below, for hackney carriages on thepublic highway.The use of hackney carriage stands is kept under review, and may be discontinued inindividual instances where a particular stand has fallen into disuse. Conversely, theAuthority will consider the creation of new stands where there is a perceived need.Any one who wishes the Authority to consider the creation of new ranks must write tothe Licensing Office, at the address set out at the beginning of this document,explaining their reasons in full.Location of Rank No of Vehicles Time RestrictionNew Road, St Annes 2 NoneBlackpool Road North, St Annes 1 NoneCrossland Road North, St Annes 1 NoneShepherd Road, St Annes 1 07:00 - 18:30 OnlyChurch Road, St Annes 2 NoneSt Andrews Road North, St Annes 5 17:00 - 09:00 OnlySt Andrews Road North, St Annes 8 17:00 - 09:00 OnlySt Annes Road West, St Annes 8 NoneSt Georges Road, St Annes 2 NoneGarden Street, St Annes 2 NoneWood Street, St Annes 4 NoneNorth Promenade, St Annes 4 NoneLinks Road, St Annes 1 NoneClifton Drive South, St Annes 3 NoneWhalley Place, St Annes 1 NoneSmithy Lane, St Annes 1 NoneWoodlands Road, Ansdell 2 NoneFairhaven Hotel, Fairhaven 2 NoneHastings Place, Lytham 6 18:00 - 07:00 OnlyHastings Place, Lytham 5 07:00 - 00:00 OnlyPleasant Street, Lytham 2 NoneAnchorage, Lytham 5 NoneClifton Street, Lytham 1 NoneLytham Road, Freckleton 1 NoneGarstang Road South, Wesham 2 NonePreston Street, Kirkham 2 NoneClegg Street, Kirkham 1 None94