Hackney carriage/Private hire guidance notes

Guidance notes for new applicants

Last Updated 23/05/2012

1. Introduction

2. Criteria

3. Application Procedure

4. Spent and Unspent Convictions

5. Hackney Carriage and Private Hire Drivers Licenses

6. Legislation/Conditions

1. Introduction

The following guidance notes are provided to give a person the information they will require in order to become a licensed Private Hire or Hackney Carriage driver within North East Lincolnshire. It is advisable that all applicants read the notes, and if you require any further information please contact the Hackney Carriage Office on the following telephone numbers:-

Telephone numbers: (01472) 324044, 324035 or 325095
Fax number: (01472) 324757
e -mail: tracey.price@nelincs.gov.uk

This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

For further information, see the related content at the right hand side on this page, or telephone (01472) 313131 and ask for Internal Audit.

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2. Criteria

Before the Council can issue a Hackney Carriage or Private Hire Drivers Licence we must be satisfied that applicants are “fit and proper” persons to convey members of the public. The Council will not be responsible for any costs incurred if an application is refused for any reason. An applicant must be able to work as self employed in the UK, and to apply all applicants are required to undertake or produce the following;

• BTEC or NVQ Level 2 Award in Introduction to the role of the professional Taxi & Private Hire Driver
• Application Fee - £75.21
• CRB Disclosure £44.00
• Medical
• Full Driving Licence issued by the GB DVLA, EEA or Northern Ireland (held for at least 12 months)
• 1 Passport photograph
• Application Form
• 2 References
• Knowledge Test
• Certificate of Good Conduct may be required (see step 7)

3. Application procedure

Step 1.

All applications are recieved on an appointment only basis, and will be dealt with at the Doughty Road Office.  The Hackney Carriage Office does not accept cash or credit cards, payments are made by cheque or postal order only.

• You must have: Level 2 Award in Introduction to the role of the professional Taxi & Private Hire Driver (see section 5) and have held your DVLA driving licence for at least 12 months. The Council can not accept your application if you have not
• Declare all Convictions and findings of guilt against you made by a court (for further information refer to Section 4 ‘Spent and Unspent Convictions’)
• Provide the names of two referees, the first of which must be a current or previous employer, and the second a person who you have known for at least five years

Step 2. 

Once you have completed and signed your Application Form, take it to the Operator/Proprietor who you intend working for, and ask them to counter-sign as appropriate.

Included with the Application Form is a Medical Certificate; you will need to book a Medical with your GP, taking the certificate with you.  Once the Medical and Application form has been completed, please contact the Hackney Carriage Office to make an appointment to bring in the relevant documents for the Criminals Record Bureau (CRB).

Step 3.

We will now complete the CRB Disclosure application form on your behalf.  You will be required to pay the fee of £44.00, and to produce original documentation to verify your identity.  If you can not produce any identification from Group 1 (see below) please contact the Hackney Carriage Office as you will be required to have your ID Verified. Once the CRB has been completed a copy will be sent to you as the applicant; another will be sent to the Registered Officer.

If officers are able to determine you are a 'fit and proper' person in accordance with delegated powers, and the policies adopted by the Council, then an appointment will be made for the issuing of you licence and I.D badge, at this stage we also check your DVLA licence again.  However, if there are any spent or unspent convictions which the Council take into consideration or, and relevant endorsements or information provided by the Police, then your application will be reviewed by the Licensing Panel.

You will need to present some of the following original documents, and information for the CRB:

National Insurance Number (proof required) & full postal addresses for the past 5 years

Acceptable Identity documents are:

Group 1

• Current Valid Passport
• Current Driving Licence (UK, Isle of Man & Channel Islands) Photocard type only
• Original Birth Certificate (UK & Channel Islands)
• Biometric Residence Permit (UK)

Group 2

• EU National Identity Card
• Current Driving Licence (old style paper version)
• Birth Certificate issued after the time of birth
• HM Forces ID Card (UK) 
• Firearms Licence (UK and Channel Islands)
• Adoption Certificate (UK and Channel Islands)
• Marriage Certificate/Civil Partnership Certificate
• Non-Original Birth Certificate (issued after 12 months of Date of Birth)
• P45/P60 Statement **
• Bank or Building Society Statement *
• Utility Bill (not mobile phone) *
• Mortgage Statement **
• Credit Card Statement UK*
• Financial Statement e.g. pension, endowment, ISA (UK)**
• Council Tax Statement**
• Work Permit/Visa (UK)**
• Benefit Statement e.g Child Allowance, Pension*
• A document from Central/ Local Government*

* documentation should be less than three months old

** issued within the past 12 months

Please Note:  You will be advised which identity documents are required at the time of arranging your appointment.

Step 4.

Your referees will be contacted asking them to complete our reference form.

Step 5.

You will be booked in for a Written Knowledge Test.  The knowledge test is based on 40 questions on North East Lincolnshire, the pass mark being 75%. The tests are held every Wednesday afternoon at 4.00 p.m. in the Grimsby Town Hall.  Tests will not be marked at the time of the test, results will be available on the following Friday.

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4. Spent and unspent convictions

Applicants should declare all valid endorsements which appear on their DVLA driving Licence. In addition, an applicant who has any spent or unspent conviction(s) must declare these on the application form or write the word ‘NONE’.

Following the Issue of a Statutory Instrument 2002 No. 441, Hackney Carriage or Private Hire Vehicle (Taxi) Drivers Licence holders/applicants are included in Schedule 1, Part III of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This details “Regulated occupations”. All proceedings relating to the issue of a vehicle driver’s licence are included in Schedule 3 of the said Order of 1975. As a result, vehicle driver’s licence holders are excepted from the provisions of Sections 4(1), 4(2) & 4(3)(b) of the Rehabilitation of Offenders Act 1974.

As a result of this Statutory Instrument, vehicle driver’s licence holders/applicants are required to declare all convictions, even where they would normally be spent. The council may also take into consideration any conviction imposed up on a Driver/Applicant. Furthermore, any failure to declare such convictions may prejudice an application for a vehicle driver’s licence.

The Council’s policy on spent and unspent convictions is to determine them as follows:

You must declare all convictions even if you consider them to be spent.  When completing the application form.

If you have been convicted of an offence during the rehabilitation period of a prior offence, then if the offence is indictable or tryable either way, then the rehabilitation period is extended to the greater period of the two sentences.

When determining an application, all convictions falling into the periods outlined in the table above will taken into consideration, as will all convictions for either violence or indecency, or any relevant additional information provided by the Police. Applicants with such convictions will be required to appear before the licensing panel. The members of the panel will make the decision as to whether the applicant is a “fit and proper” person to hold a licence bearing the convictions in mind.

Applicants should be aware that the Council has adopted the following policy:

Previous convictions for violence and for a sexual/indecency nature will be taken into account even if spent. All other spent convictions not declared, may be referred to the panel.

Guidance Notes relating to relevant convictions are available from the Hackney Carriage Office and may be referred to.

Guidance Notes provide members of the Council with basic guidelines when deciding whether an applicant is a “fit and proper” person. For more serious offences the guidance notes require 3 to 5 years free of conviction, however each case is decided on its own merits and does not automatically disqualify a person from holding a licence.

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5. Hackney Carriage and Private Hire drivers licenses

From the 1st January 2010 all new applicants for both Hackney Carriage and Private Hire would need to have undertaken and passed either the BTEC or NVQ in “Introduction to the professional Taxi and Private Hire Driver” qualification before an application would be accepted.  Further information and contact details for the Training providers are available on request.

Private Hire - Vehicle licence

The Council cannot legally control the number of licenses issued, before a licence is issued the vehicle is required to have:-

• An MOT at any station 
• Vehicle inspection at the Councils Doughty Road Depot (by appointment only) made within 7 days of the MOT being issued, or within 100 miles of the recorded mileage on the MOT Certificate.  

At the time of licensing:-

• Valid insurance for Private Hire 
• MOT certificate 
• Vehicle registration document (V5 form)
• The vehicle must be suitable for Private Hire and conform to Private Hire Vehicle Licence Conditions.  Vehicle testing guidance notes are available on request.

Hackney Carriage - Vehicle licence

The limitation of Hackney Carriage numbers ended on 4th April 2005 – However as from 15th March 2009 the limit on Hackney Carriage vehicles was Temporary restricted again, therefore currently no new Hackney Carriage Licence plates are being issued.

Before a licence can be issued:  The requirements for the vehicle are the same as for Private Hire vehicles (as above), with additional documents:-

• Valid insurance for Public Hire. 
• For wheelchair access vehicles an additional appropriate insurance for non-motor personal liability. 
• V.C.A or Certificate of Conformity issued by the manufacturers before the vehicle was registered.
• A bill of sale from the vendor is required, that stipulates the vehicle has been sold to meet the standard of new Hackney Carriage vehicles for North East Lincolnshire Council; 
• A Taximeter which will be tested by the Council

Carrying of pushchairs in Hackney Carriage Vehicles

Wheelchair access vehicles have space(s) reserved for the carrying of wheelchairs. Therefore the restraining mechanisms are designed purposely for restraining wheelchairs only. Pushchairs should be folded and secured; infants should be safely restrained in a passenger seat and not be transported in a pushchair.

Stretched Limousines

Additional to the above requirements, imported stretched limousines are required to have a certifcate of evidence of compliance with British Regulations under, the Single Vehicle Approval inspection regime (S.V.A); that is issued before the vehicle is registered with the DVLA.

Private Hire - Operators Licence and fees

An Operators licence is required for a person who wishes to take his/her own bookings, or open an office.  The Council has stringent requirements regarding responsibilities of Operator's and attaches conditions to the Operator's Licence.  A seperate application form must be completed and proposed premises may firstly be subject to planning permission.  Following receipt of the application the proposed premises and parking area will be visited by Officers to determine suitability.  The licence fee is £102.46, which includes the operation of the first vehicle; each additional vehicle is £13.63.

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6. Legislation/Conditions

The main legislation governing the trade is to be found under Sections 37 to 68 of the Town Police Clauses Act 1847 and Sections 45 to 79 of the Local Government (Miscellaneous Provisions) Act 1976.

The legislation enables the Council to attach to licence conditions as they feel are required, the conditions for Hackney Carriage and Private Hire Vehicle Licences and Private Hire Drivers and Operators Licences are set under Sections 47, 48 55 and 56 of the Local Government (Miscellaneous Provisions) Act 1976.

Breaches in Licence Conditions could result in a licence being revoked or suspended, while an offence committed under the aforementioned legislation could result in a prosecution, fine and the licence being revoked or suspended.

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