Statement of Hackney Carriage and Private Hire (Taxi) Licensing Policy - Milton Keynes Council
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Statement of Hackney Carriage and
Private Hire (Taxi) Licensing Policy
1
V5(1) – March 2019
Date Version Author Body Comments
26.06.2013 1.0 E Fisher Regulatory Committee Draft approved for consultation
08.09.2014 2.0 E Fisher Executive Adopted
09.12.2014 3.2 E Fisher Executive Adopted
08.07.2015 3.3 A Ward Regulatory Committee Approved – Recommendation to Cabinet to adopt
01.09.2015 3.4 A Ward Executive Adopted
30.11.2015 3.5 A Ward Executive Adopted at Cabinet 30 November 2015.
7. 12.2016 3.6 A ward Regulatory Committee Draft 7 December 2016
17.3.2017 3.7 A Ward Regulatory Committee Approved March 2017 - Recommendation to Cabinet to adopt
4.4.2017 3.8 A Ward Executive Adopted - April 4 2017
6.9.2017 3.9 A Ward Regulatory Committee Operator Conditions – approved Regulatory Committee.
10.7.2018 4.0 A Ward Executive Adopted 10 July 2018
17.12.18 5 A Ward/J Agar Regulatory Committee Taxi Licensing Conditions and Procedures adopted by RC
5.3.19 5 J. Agar Executive Taxi Policy adopted by Cabinet
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V5(1) – March 2019CONTENTS
Section Title Page Number
Introduction by Mick Legg, Cabinet Member 5
1. Summary 7
2. Definitions 7
3. Policy Objective 7
4. Powers 7
5. Delegations and Responsibilities 9
6. Fares and Fees 10
7. Taxi Ranks 10
8. Complaints 10
9 Disciplinary, Compliance and Enforcement Measures 11
10 Equality and Safeguarding 12
11. Vehicles 14
12. Private Hire Operators 16
13. Hackney Carriage and Private Hire Drivers 18
14. Application Procedure 23
15. Determining Applications 24
16. Suitability of Licensed Individuals 27
17. List of Definitions 39
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4
V5(1) – March 2019Introduction to Hackney Carriage and Private Hire (Taxi) Licensing
Policy
The Milton Keynes Council Taxi Licensing Policy was
first adopted in 2014. It has been continuously reviewed
as we have sought to achieve the right balance between
public safety and the needs of the licensed trade.
The challenges that were present in 2014 have been
resolved and replaced by new challenges such as
changes in legislation, the development of new
technology, safeguarding and variations in traditional
methods of hiring vehicles. However, the intention of the
legislation and this Policy remains the same – to protect
the public.
Residents in Milton Keynes are able to travel safe in Milton Keynes Council (MKC)
licensed vehicles due to the adoption of this Policy which follows the hard work of the
Cabinet, the Regulatory Committee and Officers over the last 5 years.
The Regulatory Committee, which I am pleased to be a member of, has played an
important role in the development of this Policy and will continue to play an essential
role as it takes the broad aims and objectives of this Policy and develops them into
appropriate procedures and licence conditions to give effect to the Council’s collective
aims.
A true partnership approach between MKC, neighbouring Councils and Thames Valley
Police could not occur without the contributions from the Taxi and Private Hire trade
who discuss issues positively with Council Officers and Members at
Cabinet/Committee meetings and licensing panels.
The public of Milton Keynes should be assured that individuals licensed by MKC are
required to a reach a high standard befitting of any respectable profession. Those
licensed drivers who comply with this Policy are an asset to Milton Keynes and the
Council recognises this and the service they provide.
I am confident that drivers licensed by MKC put public safety first and support us with
our robust enforcement programmes which takes action against anyone who drops
below the high standards that MKC and the trade have set.
Councillor Mick Legg, Cabinet Member for Taxi Licensing
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6
V5(1) – March 20191. Summary
1.1. This document sets out the Council’s Policy on the licensing of hackney
carriage and private hire vehicles, drivers and private hire operators. This
Policy is not a comprehensive statement of law and applicants should consider
obtaining their own legal advice. This overarching Policy is set by the Council’s
Executive Cabinet.
1.2 Procedures, application pre-requisites, licence conditions, guidance and
schemes falling within the requirements of this Policy are set by the Regulatory
Committee in a document entitled Taxi Licensing Conditions and Procedures.
2. Definitions
2.1 A list of the definitions used in this Policy and its associated procedures can be
found at the end of this document.
3. Policy Objective
3.1 Public Safety and Public Safeguarding
3.2 The aim of the licensing regime is to protect the public. For this reason the aim
and objective of this Policy is Public Safety and Safeguarding. This includes
minimising crime and disorder and the fear of crime.
3.3 It is important that the Council’s licensing responsibility is used to ensure that
licensed vehicles in the district are safe, comfortable, properly insured and that
drivers and operators are fit and proper to undertake the role. All policies
adopted by the Council will be with the overarching objective of Public Safety
and Safeguarding in mind.
4. Powers
4.1 Power to grant licences
4.1.1 The responsibility for granting licences falls to the Council pursuant to the
powers conferred by The Town Police Clauses Act 1847 and the Local
Government (Miscellaneous Provisions) Act 1976 (as amended). This
responsibility is delegated to the Regulatory Committee and Council Officers.
4.1.2 The setting and adoption of this Policy has been reserved by the Cabinet to set
the overall framework to guide the Council in its decision making.
4.1.3 The Council expects that all applicants for a licence and those holding a licence
have read and understood this Policy. Failure to take reasonable steps to read
this document indicates that an individual may not be responsible and suited to
holding a licence. The Council is not liable for any loss as a result of the failure
by an individual to consult this Policy, its procedures or conditions or to have
asked for advice in writing from a Council Officer.
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V5(1) – March 20194.2 Policy Status
4.2.1 Notwithstanding the existence of this Policy, each application or enforcement
measure will be considered on its own merits. Where it is appropriate for the
Council to depart substantially from its Policy, clear reasons will be given for
doing so. Nothing in this Policy will prevent an applicant or licence holder from
requesting that the Council considers the individual merits of their case and
give reasonable consideration to departing from its Policy. Such request may
either be in writing to, or made orally before, the Regulatory Committee, a
Regulatory Sub-Committee, or Officers as deemed appropriate in the
circumstances of the case.
4.2.2 This Policy does not override the legal requirements embodied in any primary
or secondary legislation in force at the time of adoption or as may be enacted
after the adoption of this Policy. Where there are any subsequent changes
made to the applicable legislation, or its interpretation by the Courts, that
conflict with this Policy, the conflicting elements of this Policy shall not apply
and will be amended at the earliest opportunity. This Policy shall be kept under
review and revised as appropriate.
4.3 Suitability of Licensed Individuals
4.3.1 Where a licence is granted to an individual the Council will apply its Policy in
regard to the Suitability of Licensed Individuals. This will apply to Drivers,
Operators and vehicle Proprietors to the extent permitted by legislation and
relevant Council procedure. Where a licence has been applied for by a
company, partnership or other organisation this policy will be applied to the
individuals with control over that entity (i.e. Directors, Partners etc.)
4.4 The Licensing Regime
4.4.1 The Legislation creates three types of licence:
1. Vehicles (Hackney Carriage and Private Hire)
2. Drivers (Hackney Carriage and Private Hire)
3. Operators (Private Hire only)
4.4.2 The overall aim in granting licences is to protect the public. In doing so
separate legislative requirements, standards and conditions apply to each
licence type to achieve that aim. A journey not carried out in accordance with
the correct licences is not only illegal but likely to invalidate the insurance held
by the driver, vehicle proprietor and operator. This can have serious
consequences should an accident occur.
4.5 Distinction between Hackney Carriages and Private Hire Vehicles
4.5.1 Hackney Carriage vehicles are available for immediate public hire from being
hailed (“flagged down”) in a public street or hired from a taxi rank. Private hire
vehicles must be pre-booked in advance with, and despatched by, a licensed
private hire operator and are not permitted to wait on a rank or be booked
directly with the driver.
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V5(1) – March 20194.5.2 The Council recognises this key difference between hackney carriages and
private hire vehicles. Should the driver of a private hire vehicle accept a fare
not pre-booked through an operator that driver commits a criminal offence and
invalidates their insurance. This puts members of the public at risk. The
Council expects that all drivers understand and take reasonable steps to
ensure that they do not break this law. Failure to do so demonstrates that an
applicant is not ‘fit and proper’.
5. Delegations and Responsibilities
5.1 Role of the Executive
5.1.1 The adoption of this Policy has been reserved by the Executive Cabinet of
MKC and may be revised from time to time either by the Cabinet or as a
delegated decision by the relevant Cabinet Member.
5.2 The Role of the Regulatory Committee
5.2.1 Standard Conditions, associated documents and application methods
including any pre-requisites, application procedures, guidance and schemes
falling within the authorisation of this Policy will be adopted by the Regulatory
Committee via the Taxi Licensing Conditions and Procedures document.
5.2.2 The Regulatory Committee may specify or set a framework of guidelines for
situations where it expects applications for, or reviews of, licences to be
referred to a Regulatory Sub-Committee and any standard procedure to be
followed by its Sub-Committee when determining individual cases.
5.2.3 The Regulatory Committee is responsible for the review and adoption of limits
on the number of hackney carriage vehicles that will be licensed.
5.2.4 The Regulatory Committee is responsible for recommending to Council any
proposed changes to the Hackney Carriage Bye-laws.
5.3 Determination of individual cases
5.3.1 The determination of the grant, refusal, suspension or revocation of a licence
will be made in the first instance by Officers in accordance with relevant
legislation and by applying this Policy.
5.3.2 A Regulatory Sub-Committee may determine the grant, refusal, suspension or
revocation of a licence following a referral by Officers.
5.3.3 The imposition of any condition, in addition to the standard conditions set by
the Regulatory Committee, may be imposed by Officers or a Regulatory Sub
Committee if considered reasonably necessary when applying the relevant
legislative test.
5.3.4 Decisions on relevant enforcement action will be made by Officers. The
relevant Head of Service will approve all prosecution files to proceed to legal
services.
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V5(1) – March 20196. Fares and Fees
6.1 Fares
6.1.1 The tariff of fares for MKC licensed Hackney Carriages are set by the Council.
Hackney Carriages licensed by the Council must display the table of fares.
6.1.2 The Council does not control the fares set by private hire operators.
6.2 Fees
6.2.1 The Council is required to charge for the administration and enforcement of
the licence regime and fees will be payable for the grant and renewal of
licences and associated permissions. Fees will be set by the Regulatory
Committee in accordance with its internal delegations and advertised as
required by the 1976 Act.
6.2.2 At the direction of the Regulatory Committee the Taxi Licensing Service will
publish each year a schedule of its income and costs to aid transparency and
allow proper scrutiny of the fees charged by the Council.
6.2.3 Except where restricted by the applicable legislation, the Council will not refund
application or licence fees where an individual has chosen not to continue with an
application or to hold a licence.
7. Taxi Ranks
7.1 Appointed Ranks
7.1.1 A number of ranks for hackney carriages have been designated within the
Milton Keynes area and these ranks should be clearly, properly and
appropriately signed.
7.1.2 The Council will have an ongoing review of its Hackney Carriage ranks in line
with its overall transport strategies.
8. Complaints
8.1 The Taxi Licensing Service can only deal with breaches of legislation it is
empowered to enforce; licence conditions; and the conduct of a driver that
falls within the “fit and proper” test. Complaints about customer service
should be made to the operator or in the case of a hackney carriage journey,
the driver. If customers are still unhappy with service then taxi enforcement
can investigate but with limited powers.
8.2 Members of the public who wish to make complaints or comments about a
licensed driver, vehicle or operator should do so in writing to the Council’s
Taxi Licensing Service - [email protected]
8.3 Licence holders, applicants or members of the public that wish to complain
about the Council’s Taxi Service or the conduct of Officers must follow the
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V5(1) – March 2019Council’s corporate complaints procedure on the Council’s website
www.milton-keynes.gov.uk
8.4 Appealing Council Decisions
8.4.1 When a Council decision is made an applicant or licence holder will be given a
written notice setting out any right of appeal that may exist.
9. Disciplinary, Compliance and Enforcement Measures
9.1 Enforcement Policy (General)
9.1.1 Council imposed conditions will not be effective unless they are correctly
enforced. Therefore the Council will endeavour to investigate all complaints
fairly and impartially and take the relevant and necessary action in accordance
with fairness and the objectives of this Policy.
9.1.2 The Council will undertake enforcement operations for compliance purposes
and based on intelligence received.
9.1.3 The Council will share information and enter into joint enforcement operations
with other agencies and authorities. This may include taking enforcement
action in respect of drivers and vehicles licensed by other authorities where
agreements and the necessary delegations are in place.
9.2 Investigations
9.2.1 The conduct of investigations falls outside this Policy. When conducting
enforcement action Officers operate under separate applicable legislation,
government guidance for regulators and the Council’s enforcement policy.
9.2.2 Decisions on the appropriate action to be taken will not normally be made until
the Council has (insofar as may be possible) completed a full investigation and
collated all relevant evidence. In rare cases where serious allegations are
made about the suitability of an individual, the Council may be required to take
action without waiting for a full investigation because of the overriding
objective of public safety.
9.3 Enforcement Actions
9.3.1 It is not possible to have a fixed policy on what action the Council will take in
any particular situation as each matter must be considered on its own merits.
A licence holder who has committed a criminal offence will likely be
prosecuted by the Council if it is in the public interest to do so. A licence
holder who is convicted of an offence that has put public safety at risk should
expect the Council to take action that will likely remove their licence
(suspension, revocation or refusal to renew). The Council is not limited to
taking only one action. For instance, an offender could be prosecuted and
then have their licence suspended or revoked.
9.3.2 Minor offences which do not put the public at risk or do not call into question
the fitness of a licence holder will be dealt with administratively via the
Council’s penalty point warning procedure and education schemes. The
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V5(1) – March 2019frequency or nature of minor offences may be such that the penalty point
warning procedure and education scheme is not considered appropriate and
another sanction is necessary, such as the suspension or revocation of
licence. This is further covered in the Suitability of Licensed Individuals
section of this Policy.
9.4 Licence Review
9.4.1 Upon the conclusion of an investigation that substantiates a complaint, the
Council will review the licence held to determine if any action should be taken
in respect to that licence or individual.
9.4.2 The Council may issue a warning; impose penalty points; impose a licence
condition; require remedial training; suspend; revoke or refuse to renew a
licence.
9.5 Penalty Point Warning and Education Scheme
9.5.1 A penalty point warning and education scheme is designed to assist the trade
in remaining compliant with regulatory requirements. These processes will be
adopted and revised from time to time by the Regulatory Committee. These
schemes will act as an “early warning” system to drivers, vehicle proprietors,
and operators who fail to meet the requirements of their licence.
10. Equality and Safeguarding
10.1 Disabilities
10.1.1 MKC’s transport objective is to have an accessible public transport system
where people with disabilities have the same opportunities to travel as other
members of society. Whilst the overriding objective of this Policy is public
safety and safeguarding, the Council expects that drivers and operators of
licensed vehicles ensure that they provide a service to all members of society
without discrimination.
10.1.2 The Equality Act 2010 places duties on licensed drivers to provide assistance
to people in wheelchairs and/or who have an Assistance/Service Dog. Drivers
and operators of licensed vehicles should not make any extra charge or refuse
to carry passengers in these circumstances. The Council expects that when a
driver or operator is aware that a passenger has a disability that they take
reasonable measures or make reasonable adjustments to accommodate that
passenger.
10.1.3 Under the Equality Act 2010 the Council has the ability to adopt Policies that
further the opportunities of people with disabilities to travel by imposing further
standards on licence holders. Licensed drivers who are unable to carry out
the duties imposed upon them under the Equality Act 2010 may apply to the
Council for an exemption certificate from those duties. The Council must
issue an exemption certificate if satisfied that it is appropriate to do so on
statutory grounds. The Regulatory Committee may adopt or publish such
criteria or procedure to ensure medical certificates are granted appropriately.
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V5(1) – March 201910.1.4 The Council encourages all private hire operators to include Wheelchair
Accessible Vehicles (WAVs) amongst their fleet. Operators should advertise
that these vehicles are available and make clear that there is no additional
cost that can be levied by them or their driver for the conveying of a passenger
in a wheelchair or any other disabled passenger.
10.1.5 The Council will monitor the provision of WAVs and other services provided to
persons with a disability in Milton Keynes and shall, if deemed insufficient,
consider imposing further requirements on operators, drivers and proprietors
to ensure this.
10.1.6 Those who apply for a licence will not be refused or discriminated against by
reason of a disability provided that the individual is fit and proper to carry out
the expected duties of a licence holder.
10.2 Other Protected Characteristics
10.2.1 The Council does not tolerate any discrimination either against a licence
holder by a member of the public or Council representative; or by a licence
holder against a member of the public or Council representative.
10.2.2 Where a complaint is made that a licence holder has discriminated against a
person due to a protected characteristic under the Equality Act 2010, the Taxi
Licensing Service will investigate. In regard to racial discrimination this should
also be reported to the Police. A licence holder found to have discriminated
against someone will have their licence reviewed.
10.2.3 The Council cannot take action against a member of the public who
discriminates against a licence holder. Unless the discrimination is of a racial
nature, which can be reported to the police, members of the public should
seek independent legal advice before they consider civil action.
10.3 Child Sexual Exploitation (CSE) and Safeguarding
10.3.1 Licensed vehicles and other forms of public transport are used by children and
vulnerable people on a daily basis. Whilst licensed drivers, proprietors and
Operators provide a service for financial gain, they do so on the basis that
MKC has considered them to be suitable to provide these services. Licence
holders have a duty of care to these passengers and the Council expects
them to uphold that duty and sufficiently safeguard those in society who are
vulnerable and at increased risk.
10.3.2 The Council has adopted Safeguarding Policies that apply to all employees.
Whilst licensed drivers are not employees of the Council, they are granted a
licence by the Council and therefore represent Milton Keynes. The
Safeguarding policies adopted by the Council will apply to licensed drivers.
10.3.3 The Regulatory Committee may adopt a separate safeguarding Code of
Conduct for drivers if it believes that this is necessary in order to achieve the
overall aims of this Policy.
10.3.4 Should a licence holder fail to report a concern or be found negligent in their
safeguarding duties they will have their licence reviewed.
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V5(1) – March 201911. Vehicles
11.1 Limitation on Numbers
11.1.1 Section 48 of the 1976 Act states that the Council cannot restrict the
number of private hire vehicles licensed.
11.1.2 Section 37 of the 1847 Act, as amended by Section 16 of the Transport Act
1985, does permit the Council to refuse to licence a Hackney Carriage for the
purpose of limiting numbers if the Council is satisfied that there is no
significant unmet demand for the services of hackney carriages. Any limit on
Hackney Carriage numbers will be set by the Regulatory Committee following
an independent survey.
11.1.3 Where a limit on the number of Hackney Carriage vehicles is imposed, those
licences will be granted on the provision that the vehicle will be used
predominantly as a public hire vehicle within Milton Keynes. If Hackney
Carriage vehicles licensed by MKC are found to be working predominately in
other district areas then those licenses will be reviewed.
11.2 Vehicle Specifications and Conditions
11.2.1 When licensing a hackney carriage or private hire vehicle the Council must
consider first and foremost the need for public safety. Once a vehicle is
licensed its proprietor or driver has the ability to operate that vehicle in rural,
urban and motorway environments.
11.2.2 Licensed vehicles must be capable of performing in all such environments and
provide convenience and comfort to all types of passengers when doing so.
Relevant factors include type of vehicle, safety, size, suitability, engine size,
capacity, appearance, condition, mechanical configuration, luggage space and
seating.
11.2.3 Section 47 of the 1976 Act permits the Council to require a hackney carriage
to be of such design and appearance as it wishes to specify and impose such
conditions as it considers reasonably necessary. Section 48 of the 1976 Act
requires the Council to be satisfied that a private hire vehicle is suitable in
type, size and design and impose such conditions as it considers reasonably
necessary.
11.2.4 To ensure that licensed vehicles are safe for the public to use and suitable for
all types of journeys, the Council will adopt minimum vehicle specifications
and conditions. These will be set by the Regulatory Committee who will also
set the reasonable and necessary conditions that will be imposed on the
proprietor of a licensed vehicle.
11.3 Vehicle Age
11.3.1 Licensed vehicles undertake considerably more miles than an average
domestic vehicle. This means that licensed vehicles will age and deteriorate
more rapidly than domestic vehicles and will need replacing on a more regular
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V5(1) – March 2019basis. Also older vehicles experience structural fatigue over time which
impacts on vehicle safety.
11.3.2 The Council will have an age policy in respect to its licensed vehicles and
these limits will be set by the Regulatory Committee.
11.3.3 The Council recognises that it may be required to consider requests to depart
from its age policy. The Regulatory Committee may set such standards and
requirements for officers to follow in these circumstances.
11.5 Vehicle Testing
11.5.1 Before a licence is granted the Council must be satisfied with the mechanical
and safety suitability of a vehicle. All vehicles must undergo at least 2
compliance tests per year conducted by the Council under Section 50 of the
Act of 1976. These tests are in addition to the annual MOT required under the
Road Traffic Act 1988.
11.6 Signage; Advertising and Livery
11.6.1 Members of the public may confuse private hire vehicles with hackney
carriages and it is important that the public are able to easily distinguish each
type of vehicle in order to ensure that they are safe and insured when
travelling. In order to assist with this Hackney Carriages use roof signs with
the words ‘Taxi’ displayed.
11.6.2 Hackney carriages and private hire vehicles are required by law to display a
licence plate (or an internal disc for certain private hire vehicles that are
exempt) on the rear of a vehicle. It is also common for private hire vehicles to
display door signs, however, in some instances Hackney Carriages may wish
to display some form of door signage.
11.7 Plate Exemption
11.7.1 The intention of the legislation is that a licensed plate must be displayed on a
vehicle so that the public can identify it. There are occasions when the
display of such identification may undermine customer safety or create
commercial implications for the operating business.
11.7.2 The legislation allows the Council, upon application, to exempt a vehicle from
displaying its licence plate and door signs. It is not intended that all private
hire vehicles have access to this exemption but only those operating a service
where the display of a licence plate either endangers public safety or restricts
a legitimate business need.
11.7.3 An exemption will only be granted where the proprietor is able to satisfy the
Council that:
• There is no public safety risk
• There is a legitimate business or service requirement
• The vehicle is suitable for the purposes outlined by the applicant
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V5(1) – March 201911.7.4 The primary consideration of the Council must be whether or not there is a
public safety risk. An application procedure and the items required to satisfy
the Council of the above will be set by the Regulatory Committee.
11.7.5 The Council may make arrangements with operators who specialise in
despatching “plate exempt” vehicles to aid the regulation and efficient
approval of exemptions.
11.8 Data Protection & Closed Circuit Television (CCTV)
11.8.1 The Council encourage drivers, proprietors and operators to install legally
compliant CCTV in their vehicles to ensure the safety of drivers and
passengers.
11.8.2 Proprietors of licensed vehicles are responsible for ensuring that CCTV
systems installed in their vehicles complies with all relevant applicable
legislation. In respect to data protection, vehicle proprietors should contact
the Information Commissioners’ Office for advice on how information should
be managed and stored. Any Proprietor, Driver or Operator found to be in
breach of CCTV or Data Protection legislation will have their licence reviewed.
11.8.3 To assist the trade and protect the public, the Regulatory Committee may
condition vehicles licensed by MKC to have CCTV cameras installed.
11.9 Environmental Friendly Vehicles
11.9.1 The Council will encourage proprietors, operators and drivers to use low
emission vehicles and to take advantage of the unique infrastructure of Milton
Keynes and its innovative approach to transport. Where there is no public
safety risk, the Council shall give special consideration to an environmentally
friendly vehicle if it does not meet the Council’s criteria set by the Regulatory
Committee.
11.9.2 The Council aspires to have a full fleet of electric Private Hire and Hackney
Carriage vehicles by 2030. The Council’s Executive will adopt a separate
Electric Vehicle Strategy to achieve this and the Regulatory Committee will be
responsible for amending vehicle specifications to permit this.
11.10 Speciality Vehicles
11.10.1 Speciality vehicles such as stretched limousines, vintage or themed vehicles,
may be licensed by the Council if the vehicle does not comply with the
standard specifications and conditions. Each application will be considered on
its individual merits with consideration given to the safety and suitability of the
vehicle; the purpose of its use; and the frequency and duration of its use.
However, the overriding objective of this Policy remains.
12. Private Hire Operators
12.1 Requirements & Obligations
12.1.1 Any person who, in the course of business makes provision for the invitation
or acceptance of bookings for a private hire vehicle, must be licensed as a
16
V5(1) – March 2019private hire operator. A private hire vehicle can only be despatched to a
customer by a licensed private hire operator.
12.1.2 Applications for operator licences can be made by an individual, partnership,
company or other body in accordance with the application procedure adopted
by the Regulatory Committee.
12.2 Fit and Proper
12.2.1 The Council must be satisfied that an applicant or licence holder is “fit and
proper.” Whilst the licensed operator is not the person driving the vehicle and
therefore not an immediate physical risk to passengers, they are responsible
for despatching the vehicle and its driver and have access to information or
data that a customer expects to be used appropriately. For this reason it is
imperative that those licensed as operators are fit and proper and meet the
standards expressed in the Suitability of Licensed Individuals section of this
policy.
12.2.3 The Council will not grant a private hire operator licence to an individual who is
not fit and proper to be a licensed driver.
12.2.4 Operators are required to comply with a number of legislative requirements
and conditions of licence regulating how they run their business. The Council
needs to be satisfied that an applicant understands their duties and
responsibilities.
12.2.5 An Operator licensed by MKC can only use drivers and vehicles that are
licensed by MKC.
12.3 Insurance
12.3.1 Operator premises that are open to the public (e.g. taxi waiting rooms) must
be covered by appropriate public liability insurance.
12.4 Operator Address and Telephone Numbers
12.4.1 An MKC operator should have a premises within the district and this address
will be specified on the licence granted. Records required to be kept by the
Operator will be expected to be retained at this address. Depending on the
nature of the operation there can be occasions when an operator will require
more than one operator licence for different locations within the Borough.
12.4.2 The Council will not normally grant a licence to an operator whose premises
are located outside the district. This is to ensure that proper regulation and
enforcement measures can be taken by the Council. The legislation does not
restrict where an Operator is based and a licence may be granted to an
operator whose premises are outside of the district (ie in neighbouring
districts). In such instances that operator must satisfy the Council that they
will be providing the facilities for individuals within Milton Keynes to book
Milton Keynes licensed private hire vehicles. In addition, the operator’s base
should be within a reasonable distance of Milton Keynes (i.e. neighbouring
districts) or other reasonable measures are in place to permit adequate
enforcement.
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V5(1) – March 201912.4.3 It is the responsibility of an operator to ensure that appropriate planning
consent exists for the operational address to be used for their business
purposes.
12.5 Sub-contracting
12.5.1 Section 55A of the 1976 Act, inserted by the Deregulation Act 2015, permits
Operators licensed by the Council to sub-contract a private hire bookings to
another operator licensed by the Council or to a licensed private hire operator
licensed by another local authority. Regardless of which operator fulfils a
booking, the operator must despatch a vehicle licensed by, and driven by a
driver licensed by, the same Council as licences that operator.
12.5.2 Operators that accept a booking remain legally responsible for that booking
even if they sub-contract that booking to another Operator and should record
the booking as being accepted and transferred to that other operator.
12.6 Cross Border Hiring
12.6.1 In relation to private hire vehicles, the 1976 Act permits members of the public
to book a private hire vehicle through any licensed private hire operator
regardless of which district they are licensed. Private hire bookings are
private contracts between the hirer and the operator and are not a matter for
the Council to regulate. In this regard, the Act leaves the selection of an
operator entirely to market forces and the freedom of choice to the customer.
12.6.2 The Council encourages its private hire operators and their vehicles to be of
the highest standard and provide an exemplary service to the residents of
Milton Keynes. Appropriate regulation of private hire vehicles benefits the
public served by an Operator and this regulation is aided where Operators are
fully committed to using Milton Keynes licensed vehicles. Operators should,
when sub-contracting to an Operator licensed in another district, make this
clear to the Customer.
13. Hackney Carriage and Private Hire Drivers
13.1 General
13.1.1 Licences to drive hackney carriage and private hire vehicles are granted under
the 1847 & 1976 Acts. A licence can only be granted to someone who has
been authorised to drive a motor vehicle for at least 12 months and is “fit and
proper”.
13.1.2 When determining if someone should be granted a licence the Council will not
take into account someone’s desire or need to work; their financial status;
family commitments; or obligations. These are not matters that relate to
whether an individual is fit and proper.
13.2 Fit and Proper
13.2.1 There is no legal definition of “fit and proper” or a fixed legislative process. It
is for the Council to determine how it wishes to be satisfied that a driver is fit
18
V5(1) – March 2019and proper. The Council will consider a range of documentary evidence,
practical criteria and qualifications provided by an applicant in order to be
satisfied that an individual is fit and proper. The following sections apply
equally to private hire and hackney carriage drivers unless otherwise
specified. Applications will be considered on their own individual merits.
13.3 Age, Experience and Qualifications
13.3.1 Subject to an applicant having held a licence to drive a motor vehicle for at
least 12 months, there is no minimum or maximum age limit for drivers. The
Council’s Policy and application procedure will require an applicant to
evidence that they are physically fit enough and suitable in terms of
knowledge, experience and skill to assume the role.
13.4 Application Procedure
13.4.1 The application process will be set by the Regulatory Committee to provide an
applicant with the opportunity to satisfy the Council that he or she is a fit and
proper person.
13.5 Evidencing Criminal record - Disclosure and Barring Service (DBS)
13.5.1 An applicant will be required to provide an enhanced DBS disclosure to enable
consideration of their criminal record.
13.5.2 A licence holder’s criminal record will be checked every 3 years upon renewal.
The Council may, at its discretion, require an additional DBS disclosure to be
supplied at any time where it has a reasonable belief that this is necessary in
order to determine if a driver is fit and proper.
13.6 Evidencing Criminal Record – foreign offences
13.6.1 Where an applicant has not lived in the UK continuously for 10 or more years
or has spent more than 6 continuous months living outside of the UK in the
preceding 10 years, they must satisfy the Council that they have not been
convicted of any offences outside of the UK.
13.6.2 An applicant will be required to provide an equivalent to the DBS disclosure
from their relevant Embassy, Consulate or Policing Authority for any and each
country in which they have lived.
13.7 Convictions, Cautions, Allegations and Complaints
13.7.1 The Rehabilitation of Offences Act 1976 does not apply to those applying to
be licensed as a driver of a hackney carriage or private hire vehicle. Where
an applicant (or licensed driver) has been convicted of an offence the Council
must consider it and assess if an individual is fit and proper.
13.7.2 The Council is aware that a person convicted of an offence may evidence
themselves as fit and proper to the Council’s satisfaction after a number of
years have elapsed since the commission of an offence. Conversely if an
applicant has remained conviction free for a certain period of time this does
not automatically qualify them as fit and proper.
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V5(1) – March 201913.8 Medical Fitness
13.8.1 The Council must be satisfied at all times that a driver is physically and
mentally able to carry out their duties. An applicant must undertake and
provide evidence that he or she meets the DVLA Group 2 Medical standard.
The applicant is responsible for arranging, paying and submitting to the
Council the relevant evidence that the applicant meets the Group 2 standards.
Any medical examination must be conducted by an appropriate, competent
and qualified medical practitioner.
13.8.2 Licence holders must be re-examined to the Group 2 standards at the age of
45 and every 5 years thereafter until they reach the age of 65. After the age of
65 licence holders must submit evidence of having been assessed to meet the
Group 2 medical requirements on an annual basis.
13.8.3 At all times the Council will reserve the right to request an individual to provide
a further Group 2 medical or other medical information or undertake any
medical test in order to be satisfied that a person is medically suitable to be
licensed.
13.8.4 Notwithstanding that an individual may pass a Group 2 medical, further
information may be present which prevents the Council from being satisfied
that an individual is medically suitable. The Council may therefore still refuse
an application or require an applicant or licence holder to undergo and pay for
a further medical examination, at an appropriate medical facility, conducted by
either the applicant’s GP or other qualified medical practitioner with access to
the applicant’s full medical records. Any extra cost must be met by the
applicant or driver.
13.8.5 The Council may grant a licence on the condition that a licence holder
provides a more frequent Group 2 medical assessment and/or notes from
his/her GP as to his/her suitability to be licensed.
13.8.6 Applicants and licence holders must notify the Council as soon as it is
practicable of any deterioration in their health that may affect their ability to
drive or their suitability to be a licensed driver. The Council expects licensed
drivers not to put the safety of other people at risk and continue to drive
following any deterioration in their health until approved by both a medical
assessment and the Council. The Council would not consider any person to
be fit and proper if they drive a licensed vehicle whilst aware of any health
problem that could endanger the lives of their passengers.
13.8.7 Failure to provide a satisfactory medical certificate in the circumstances
outlined in this Policy will lead to the refusal, suspension or revocation of a
driver licence.
13.9 Driving standards and qualifications
13.9.1 Licensed drivers will spend the majority of their working time in a licensed
vehicle with passengers on a public road. An applicant’s driving record,
knowledge and driving ability is therefore relevant to the determination as to
whether they are fit and proper. The Council must be satisfied that licensed
20
V5(1) – March 2019drivers have due regard and appreciation of the legislative provisions
designed to protect all road users and pedestrians.
13.9.2. The Council will carry out a check of an individual’s DVLA record when
considering if a driver is fit and proper. This is to ensure that the information
submitted by the applicant is in accordance with the information held by DVLA
and so that the Council can consider any endorsements shown on the
applicant’s driver licence.
13.9.3 Licensed drivers will be required to provide a shared driving licence code
during the course of a licence. This will be when the Council believes a
licence holder has been convicted of an offence and not declared it; an
offence has been declared and the Council need to confirm it; or as part of
periodical compliance check of licensed drivers.
13.9.4 Driving Endorsements
13.9.5 The Council must be satisfied of a driver’s ability to convey members of the
public safely. As such the Council will consider any driving endorsements,
driving related convictions or disqualifications revealed on either an applicant’s
DBS or driving licence.
13.9.6 Relevant Taxi Driving Test
13.9.7 All new applicants must pass an approved taxi driving course/test before a
licence is granted in order to satisfy the Council that they are of a suitable
driving standard.
13.9.8 If, upon the renewal of a licence, an existing licensed driver has or has had
more than 3 DVLA penalty points in the last 6 years s/he will be required to
pass an approved Taxi driving course/test within 6 months on his/her renewal.
13.9.9 Any driver that reaches 6 live DVLA points during the course of holding an
MKC driver licence will be required to pass an approved driving test/course by
a specified date and will be suspended if they do not do so.
13.10 Driver Assessment Suitability (DAS)
13.10.1 In order to satisfy the Council that they are fit and proper an applicant must
demonstrate that they understand the basic requirements of hackney carriage
and private hire licensing. The Council will therefore implement a relevant
assessment of suitability to enable an applicant to confirm that they have the
requisite knowledge to be licensed. This procedure will enable the Council to
be satisfied that any person licensed understands the key legislation
applicable to them; basic vehicle and driver safety requirements; an
understanding of the local area; and relevant knowledge of Equality and
Safeguarding.
13.11 Training
13.11.1 Given the changing nature of the role of taxi drivers and operators, an
applicant or existing licence holder may be required to carry out such training
as the Council thinks necessary to be satisfied that that individual is fit and
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V5(1) – March 2019proper. Such training may be required of an individual in relation to specific
circumstances, or be required of the Taxi trade as a whole. Officers will have
the power to direct an individual to carry out relevant training in line with the
guidelines set out in the Suitability of Licensed Individuals section of this
policy. The Regulatory Committee may also adopt any training requirements
applicable to licence holders in order to achieve the objectives of this Policy.
13.12 Short Term Licence (renewals)
13.13.1 Where an applicant has applied to renew a licence the law provides that they
can continue to work even if the Council has not determined their renewal
application. The law however requires the driver to visibly display their badge
and there is a risk to public safety if a driver is displaying a badge which has
expired. The Council’s Policy is that a driver must at all times display a correct
badge/authorisation which has a valid date and reassures the public that the
driver has been recently checked.
13.13.2 Where a licensed driver badge has expired the Council will normally issue the
driver a short term badge/authorisation for him/her to display. Before doing
this the Council will carry out an interim assessment to ensure that it remains
satisfied that the individual is fit and proper based upon information known to
the Council and any declaration that the driver may have stated on their
application to renew.
13.13.3 The Council would normally expect to have determined an application to
renew a licence 2 months before that licence expires. However, in some
instances delays can occur. Where an applicant has applied 2 months prior to
the expiry of the licence the Council will issue a short term licence following its
interim assessment and make no charge to the applicant.
13.13.4 Where the applicant has left his/her application later than the 2 months prior to
his/her licence expiring the applicant must pay for the interim assessment to
be carried out and the cost of the provision of the materials (i.e. badge).
13.14 Conditions of Licence
13.14.1 Licence holders will have conditions placed on their licence to require them to
keep the Council updated with all the documents that are required to
determine that they are fit and proper.
13.14.2 Should a licence holder fail to provide updated documents to the Council in
accordance with their licensing conditions then their licence will be reviewed.
13.15 Code of Conduct
13.15.1 In addition to licence conditions, the Council will also have a Code of Conduct
to enhance the professional image of the hackney carriage and private hire
trade and to promote the concept that drivers of licensed vehicles are
vocational drivers carrying out a reputable profession.
13.15.2 The Code of Conduct for drivers and operators will be set by the Regulatory
Committee and non-compliance with it will be addressed as part of
enforcement action.
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V5(1) – March 201913.16 Review of driver Licence
13.16.1 Once a licence has been granted a driver must remain fit and proper and
his/her licence may be suspended or revoked at any time after the grant of a
licence where the Council has reasonable cause.
13.16.2 Once licensed a driver may decide that they no longer wish to remain licensed
and may surrender their licence to the Council. In these instances the Council
shall suspend or revoke in order to exempt the driver from any continuing
obligations and to protect members of the public.
14. Application Procedure
14.1 Applications for all licences must be made in writing and follow the specified
application procedure set by the Regulatory Committee and Council Officers.
The applicant remains responsible for ensuring that their application is
completed correctly and is carried out in accordance with relevant procedure.
14.2 Only when a completed application form and all correct supporting documents
have been provided will the Council consider and determine an application.
The Council has the power under Section 57 of the 1976 Act to request any
information it deems necessary to determine an application.
14.3 Licence Duration
14.4 The Council will grant licences for the maximum period specified by law
except where appropriate to grant a licence for a lesser period.
14.5 Private hire operator licences will be granted for a maximum of five years or
for a lesser period where appropriate or requested by the applicant.
14. 6 Driver licences will be granted for the maximum legislative period of 3 years
except where restricted by the Immigration Act 2016.
14.7 Vehicle licences will be granted for the maximum legislative period of 12
months.
14.8 Grant and Renewal of Licences
14.9 It is the responsibility of a licence holder to ensure that they renew their
licence. The Council is not obligated to remind licence holders that their
licence is due to expire.
14.10 A licence holder who allows their licence to lapse and continues to work
commits an offence. The Council is not obligated to notify an individual that
their licence has expired or remind them not to work unlawfully without it.
14.11 Expiry dates will be clearly noted on licence documents and the procedure to
renew will be clearly available to licence holders.
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V5(1) – March 201914.12 Applications to renew an operator licence should be received by the Council at
least two months in advance of the licence expiry date to ensure that a
renewal application can be processed and a licence issued in time.
14.13 Applications to renew a vehicle licence should be made one calendar month
before the expiry of the licence.
14.14 Applications to renew a driver licence should be made two calendar months
prior to expiry.
14.15 If an application is received too close to its expiry date, or is incomplete, there
may be insufficient time to process the application before the existing licence
expires and a new one is granted. The Council will not be liable for any loss
that occurs due to an individual’s failure to renew a licence in good time.
14.16 A renewal application made after the expiry of the licence will be treated as a
new application and must comply with the requirements of the Council’s policy
for new applicants.
14.17 The considerations in this Policy for the determination of a new application
apply equally to those of a renewal application except where the law, this
Policy, or any procedure clearly distinguishes otherwise.
14.18 Conditions
14.19 Standard conditions adopted by the Regulatory Committee will be imposed on
all licences granted and will be contained in the Taxi Licensing Conditions and
Procedures document. A Regulatory Sub-Committee or Officers may impose
further conditions if considered reasonably necessary on the individual merits
of an application or review of a licence.
15. Consideration of an application
15.1 It is expected that applicants who intend to be considered fit and proper will
ensure that the information given on their application form is correct and
truthful. The application form should document all convictions, cautions, fixed
penalty notices, police warnings and all other relevant information.
15.2 The Council will take a serious view of an applicant who seeks to conceal any
conviction, caution, fixed penalty notice, police warning in order to obtain a
licence. To knowingly conceal this information is a criminal offence and will
lead to licence refusal and possible criminal proceedings. Any information
relating to criminal background will be kept only for as long as is reasonable
necessary.
15.3 Information disclosed will be kept in strict confidence and retained no longer
than is reasonably necessary to determine an application. Where a licence is
granted this information will be kept for no longer than is necessary after that
licence has lapsed in accordance with data protection legislation and the
Council’s retention policy.
15.4 An applicant may be required to attend an interview with Council Officers
before a licence is granted or to appear before a Regulatory Sub-Committee.
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V5(1) – March 2019Any applicant who fails to attend a requested meeting of the Council (officer
or committee) without reasonable excuse will have their application
determined in their absence. This may result in the application being
considered withdrawn or refused.
15.5 If an application for a driver or operator licence is refused the Council will not
consider a further application until a reasonable time period has elapsed. This
will ordinarily be at least 12 months.
15.6 The Council may publish the details of any individual granted a licence,
refused a licence or who has a licence suspended or revoked on any national
database in existence.
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V5(1) – March 2019Page left blank
26
V5(1) – March 201916. Suitability of Licensed Individuals
Guidelines relating to the relevance of criminal convictions, cautions, driving
offences, regulatory breaches, allegations and anything similar are to be
applied by Officers and Regulatory Sub-Committees when determining the
grant, refusal, suspension or revocation of licences for hackney carriage and
private hire drivers and proprietors and private hire operators.
1. General
1.1 Each case will be decided on its individual merits.
1.2 The overriding consideration is public safety and safeguarding.
1.3 This Policy outlines how the Council will assess whether an applicant or a
licence holder is fit and proper. In making this determination the convictions
of the applicant or licence holder will be considered. The Policy applies the
same to convictions received outside of the UK.
1.4 Previous convictions or those occurring during the term of a licence indicate
that a person is not ‘fit and proper’.
1.5 The Council recognises that there are differences between those individuals
who act as drivers; those individuals or companies who operate private hire
vehicles; and those individuals or companies who are vehicle proprietors.
1.6 A person who has been convicted of a criminal offence will not necessarily be
prevented from ever obtaining a licence. However, they are expected to
remain free of conviction for a duration commensurate with the seriousness
of the offence(s) in order to evidence to the satisfaction of the Council that
they are fit and proper and do not pose a danger to the public.
1.7 Simply remaining free from convictions will not generally be regarded as
sufficient evidence that a person is ‘fit and proper’ to hold a licence. The
overriding consideration is the protection of the public and for some offences
the duration in which a person will be expected to be free from conviction is
significant.
1.8 The Council will not grant a licence to someone who has been convicted of a
serious violent or sexual offence. The Council will refuse any application
where the individual is listed on a DBS barring list for working with children or
adults or on the sex offenders’ register.
1.9 The Council will also take into account the number of convictions irrespective
of category; the number of counts on a conviction; the sentencing Court
concerned; and the sentence imposed. Reference to Magistrates/Crown
Court guidelines may also be considered.
1.10 The Council will investigate and review the licence of any person convicted of
an offence and may suspend or revoke, or refuse to renew a licence, in such
instances.
27
V5(1) – March 20191.11 The Council will apply the same to any licence holder convicted of an offence
whilst licenced or when applying to renew and should be construed
accordingly. For example, if an offence stated will result in the refusal of a
new application it should be read that it shall also result in the refusal of a
renewal application or the revocation or suspension of a licence that has
been granted.
1.12 The offences listed in this Policy are not exhaustive and any offence stated in
this part should be read as including all offences similar to it, any offence that
replaces it, the attempt or conspiracy to commit it, or the aiding, abetting and
procuring of it.
1.13 The Council takes a serious view of all criminal offences. However,
convictions for driving (major), dishonesty, violent or sexual offences will be
considered extremely serious and likely to result in refusal or revocation of
licence.
1.14 For the purpose of this Policy simple cautions, endorsements and fixed
penalty notices will be treated as though they are convictions and the
timescales in this Policy apply equally to each. The Council recognises that
these measures are utilised for low level offences where it is not in the public
interest to prosecute, however, a person must admit to an offence in order to
be cautioned or to accept a fixed penalty notice.
2. Sexual and Indecency Offences
2.1 Licensed drivers carry unaccompanied and/or vulnerable passengers and
therefore the Council will not grant a licence where the applicant has been
convicted of:
Rape
Assault by penetration
Offences involving children or vulnerable adults
Sexual assault
Indecent assault
Possession of indecent photographs, child pornography etc.
Exploitation of prostitution
Trafficking for sexual exploitation
Indecent exposure
Soliciting or loitering for the purpose of prostitution
2.2 The Council will revoke the licence of any licence holder convicted of any of
the above offences.
3. Violence
3.1 The Council will not grant a licence where the applicant has a conviction for
any of the following:
• Murder
• Manslaughter
• Manslaughter or culpable homicide while driving
28
V5(1) – March 2019• Arson with intent to endanger life
• Terrorism offences
3.2 The Council will not grant a licence to any person who has, in the 10 years
prior to an application, been convicted of:
• Grievous bodily harm
• Malicious wounding
• Robbery
• Possession of firearm
• Riot
• Assault on Police
• Violent disorder
• Resisting arrest
• Or any of the offences in 3.3 or 3.4 below that are racially aggravated
3.3 The Council will not grant a licence to any person who has, in the 5 years prior
to an application, been convicted of:
• Assault occasioning actual bodily harm
• Common assault
• Affray
• Criminal damage
• Harassment
• Battery
3.4 The Council will not grant a licence to any person who has, in the 3 years prior
to an application, been convicted of:
• S.5 Public Order Act 1986 offence (harassment, alarm or distress)
• S.4 Public Order Act 1986 offence (fear of provocation of violence)
• S4A Public Order Act 1986 offence (intentional harassment, alarm or
distress)
• Possession of a weapon
• Obstruction
• Minor criminal damage
3.5 An applicant convicted of more than one violent offence will be expected to
have undergone a much longer period of time without re-offending to evidence
that they are fit and proper.
4. Dishonesty
4.1 A licence will not be granted where the applicant has, in the 3 years prior to
application, been convicted of:
Theft
Burglary
Fraud including benefit fraud
Handling or receiving stolen goods
Forgery
Conspiracy to defraud
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