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

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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
Page 1: Hackney Carriage &Private Hire Lice
Page 5: LIST OF APPENDICESAppendix AAppendi
Page 8: DEFINITIONSThroughout this document
Page 12: 2.4.2 Upon implementation of this p
Page 15 and 16: The effect of the introduction of t
Page 17 and 18: 4.3.2 Fylde Council is committed to
Page 19 and 20: 4.4.5 Vehicles manufactured prior t
Page 21 and 22: 4.7 Security/CCTV4.7.1 The DOT Draf
Page 23 and 24: 4.12.3 Licensing authorities have,
Page 25 and 26: of the Local Government (Miscellane
Page 27 and 28: envisaged that the Knowledge Test f
Page 29 and 30: Offenders Act 1974 was amended so a
Page 31 and 32: 5.10.2 The Council will consider ea
Page 33 and 34: 6 DISCIPLINARY AND ENFORCEMENT MEAS
Page 35: 6.4.3 RevocationWhere a licence hol
Page 39 and 40: 10 FARES10.1 General10.1.1 Licensin
Page 41 and 42: 11 FEES11.1 Fee Structure11.1.1 The
Page 43 and 44: APPENDIX AVEHICLES - SPECIFICATIONS
Page 45 and 46: 8 FIRST AID KITcompany. The date of
Page 47 and 48: 14.1.2 The roof sign must be centra
Page 49 and 50: 17 METERS17.1 Hackney carriages17.1
Page 51 and 52: (iv)(v)Access ramps or lifts to the
Page 53 and 54: APPENDIX BADDITIONAL CONDITIONS FOR
Page 55 and 56: 6 INSURANCE/MOT TEST CERTIFICATE6.1
Page 57 and 58: Any person who wilfully omits to sp
Page 59 and 60: APPENDIX ETHE CONSIDERATION OF APPL
Page 62 and 63: e given to the circumstances of the
Page 64 and 65: APPENDIX GTHE TESTING OF APPLICANTS
Page 66 and 67: 17 Drivers must not use a mobile ph
Page 68 and 69: 36 Any driver with a medical condit
Page 70 and 71: At private hire offices a licence h
Page 72 and 73: APPENDIX KTAXI LICENSING AND ENFORC
Page 74 and 75: 5 Section 68 Noticesdocumentation a
Page 76 and 77: • to deal quickly and simply with
Page 78 and 79: the council’s appointed garage.2.
Page 80 and 81: The nature of such offences is such
Page 82 and 83: APPENDIX NPENALTY POINTS SYSTEMThe
Page 84 and 85: LIST OF OFFENCES / BREACH OF LICENC
Page 86 and 87:
PRIVATE HIRELocal Government (Misce
Page 88 and 89:
Vehicle Specifications & Conditions
Page 90 and 91:
APPENDIX OOFFENCES & PENALTIES - HA
Page 92 and 93:
PRIVATE HIRESection Offence Maximum
Page 94 and 95:
2.3 Drivers• Vehicle Registration
Page 96 and 97:
APPENDIX QFARE TARIFFMAXIMUM FARES
Page 98 and 99:
Average Productive Mileage30,000 (5
Page 100:
APPENDIX TTAXI RANKS IN THE FYLDE A
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