Introduction
The overriding aim for Rochford District Council ( ‘the Council’)when carrying out its functions relating to the licensing of Hackney or Private Hire Drivers, Vehicle Proprietors and Operators, is the protection of the public and others who use, or can be affected by, Hackney Carriage and Private Hire services.
This policy brings together, into one document, all previous policy and procedures on all aspects Hackney Carriage and Private Hire Licensing in the Rochford District.
Each case will always be considered on its merits having regards to this policy. The Council will only depart from this policy where it considers appropriate to do so. This will normally happen where there are exceptional circumstances which warrant a different decision.
This policy came into effect on the 01/01/2022 and will be reviewed every 5 years, or sooner should there be a significant reason to consider all or part of this policy.
This policy has been developed with regards to the Department for Transport (DFT) Statutory Taxi and Private Hire Vehicle Standards and other relevant guidance. Consultation on this policy has been undertaken with both the Hackney Carriage and Private Hire trade and with groups that are likely to be the trade’s customers, such as groups representing disabled people, organisations with a wider transport interest.
A full list of those that were consulted on this policy is in Appendix K in the Related Content section.
This policy will come into immediate effect for new licence applicants. For existing licence holders, the suitability criteria around criminal convictions will be applied with immediate effect, along with the conditions of licences. Changes of training requirements and record keeping will be applied to existing licence holders, with a reasonable period for implementation relevant to the requirements imposed. Where this is the case the time frame given will be stated in this policy against the requirement.
Decision Making
The taxi and Private Hire Vehicle licensing functions of local councils are non-executive functions i.e., they are functions of the council rather than the executive (such as the Cabinet). The functions include the determination of licence applications, reviews and renewals, along with the attachment of conditions when considered appropriate. The function may be delegated to a committee, a sub-committee or an officer.
Rochford District Council’s Scheme of Delegation is in Appendix J in the Related Content section.
All Hackney Carriage and Private Hire matters under the Council Constitution are dealt with by the Council’s Licensing Committee or by its Licensing Sub-Committee. The Council’s Constitution is published on the Council’s website.
All individuals that determine whether a licence is issued will be required to undertake sufficient training. This includes Elected Members, who sit on the Committees and Officers. This training will at least meet the minimum requirements of the DFT standards. Member training requirements and obligations are contained within the Council Constitution.
Failure to Disclose Information
Withholding information when submitting an application can be interpreted as deception and may lead to refusal of the application for this reason alone.
Failure to notify the Licensing Department of any arrest, conviction, caution or other relevant matter during the duration of the licence in accordance with a licence condition or bylaw, will also be treated as deception and may lead to refusal/revocation/suspension of a licence for this reason alone.
Complaints against licence holders
Complaints about licence holders will be recorded on the Council’s database. All complaints will be investigated, and appropriate action taken, which may include, no further action, a written warning, penalty points on their Hackney Carriage / Private Hire Drivers Licence, referral to a licensing sub-committee for consideration, or suspension or revocation of the licence.
A pattern of complaints about a licence holder may be sufficient on the balance of probabilities to take more formal action than an individual complaint may warrant alone.
Matters which have not resulted in a criminal conviction (whether that is the result of an acquittal, a conviction being quashed, decision not to prosecute or an investigation which is continuing where the individual has been bailed) can and will be taken into account by the Council. In addition, complaints where there was no police involvement will also be considered. Within this document, any reference to conviction may also include matters that amount to criminal behaviour, but which have not resulted in a conviction.
Rochford District Council’s Penalty Points scheme is in Appendix B in the Related Content section.
Driver Licences
Overview
For the safety and protection of the public, any person that drives a Private Hire or Hackney Carriage Vehicle that is licensed by the Council, must hold the relevant driver’s licence that is also issued by the Council.
For the purposes of this policy the term “driver’s licence” will refer to a Hackney Carriage or Private Hire Driver’s licence, or a Combined licence where the holder is entitled to drive both types of vehicles.
Drivers cannot be granted a licence unless the authority is satisfied that they are a “fit and proper person” to hold that licence (Local Government (Miscellaneous Provisions) Act 1976 ss 51and 59).
In determining if a person is “fit and proper”, the Council will consider the updated expression “safe and suitable” and will largely apply the test:
‘Would you (as a member of the licensing committee or other person charged with the ability to grant a driver’s licence) allow your son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person for whom you care, to get into a vehicle with this person alone?’
Failure to comply with any pre licensing requirement or condition of the licence may be grounds for refusal of application or revocation of the licence for that reason alone.
Duration of Licences
A Driver’s licence will normally be issued for a three-year duration.
Any shorter duration will only be issued if it is appropriate in the specific circumstances of the case, such as when the applicant has requested a one-year licence or where required, which may include but is not limited to the licence holder’s leave to remain in the UK is time-limited.
Applicants must be 21 years of age and hold a full driving licence issued in the UK, the European Community (EC) or one of the other countries in the European Economic Area (EEA) for at least 12 months before an application can be submitted.
The UK left the European Union on the 31st January 2020. Therefore, the above requirement is subject to any agreement reached between the EU states and the UK on the validity of EC/EEC driving licenses after the transition period.
Pre-Licensing Requirements
To qualify for a driver’s licence you must:
- Be aged 21 or over.
- Hold a full DVLA or equivalent driver’s licence for at least 3 years.
- Have the right to work in the UK.
- Submit a fully completed application form.
- Be subject to an Enhanced DBS check
- Sign up to the DBS update service (after the initial DBS check has been completed).
- If any applicant has, from the age of 10 years, spent six continuous months or more living outside the United Kingdom then criminal records information or a ‘Certificate of Good Character’ from overseas must also be provided.
- Have been checked against the National Anti-Fraud Network (NAFN) database on refusals and revocations of Hackney Carriage and Private Hire licence.
- Have met the Council’s Medical Fitness Criteria which is in line with the DVLA Group 2 standard.
- Have met the Council’s Safeguarding and Child Sexual Exploitation Awareness Training criteria.
- Have passed the Council’s Knowledge Test.
- Have met the Council’s approved disability awareness training requirements.
- Have met the Council’s Language proficiency requirements.
- Have paid the licence fee (www.rochford.gov.uk/licensing).
Disclosure and Barring Service (DBS) Check
An enhanced DBS check must include a check of the children and adult barred Lists
Licence holders should maintain their DBS Certificate through the DBS Update service continuously through the duration of their licence, failure to do so is likely to lead to the immediate suspension of the licence.
Existing licence holders will need to undertake a new enhanced DBS check and maintain their DBS Certificate within 6 months from the implementation of this policy, or at the next renewal of their licence if that is sooner.
Assessment of Previous Convictions
The criteria for determining whether an individual should be granted or retain a Hackney Carriage driver’s licence are identical to the criteria for a Private Hire driver’s licence, the two are considered together.
Appendix A sets out the council’s criteria for assessing previous convictions for all driver applications and licence holders.
Previous Refusals and Revocations of Hackney Carriage and Private Hire Licences
A check of the National Anti-Fraud Network (NAFN) database on refusals and revocations of Hackney Carriage and Private Hire licence (NR3 database) will be made for every licence application.
The applicant will also be required to disclose if they hold or have previously held a licence with another authority, and if they have had an application for a licence refused, revoked or suspended by any other licensing authority.
Where an applicant has a previous refusal, suspension or revocation by another authority, contact will be made with the relevant licensing authority to seek further information. If information is disclosed, this information will be taken into account in determining the applicant’s fitness to be licensed.
All applicants previously refused, suspended or had a licence revoked will present their case to members of the committee to determine whether they meet the ‘fit and proper person’ test.
The Council’s policy on how we use the NR3 Database is in Appendix H in the Related Content section.
Medical Fitness Criteria
Up to the age of 65 years, drivers will be required to undergo a medical examination to DVLA Group 2 standards as to their fitness to drive, every three years, or any lesser period that the examining doctor may decide.
Those drivers suffering from known and notified medical disorders and those over 65 years of age, will be required to undergo a medical examination to Group 2 standards annually, or any lesser period that the examining doctor may decide.
All medical examinations will be at the expense of the individual driver. The Council reserves the right in accordance with the Local Government (Miscellaneous Provisions) Act 1976 to require an applicant or driver to undertake an independent medical examination to DVLA Group 2 standards at such clinic or hospital as the Council may direct.
The Council’s approved Group 2 Medical providers are detailed in Appendix C in the Related Content section.
Safeguarding and Child Sexual Exploitation Awareness Training
All new applicants must have undergone the council’s approved Safeguarding and Child Sexual Exploitation Awareness Training before a licence is granted.
Licence holders must undertake the Council’s approved refresher training where required every 3 years.
The Council’s approved Safeguarding and Child Sexual Exploitation Awareness Training courses and providers are detailed in Appendix D.
The cost of this training is not included in the licence fee and must be paid by the applicant or licence holder direct to the training provider.
Disability Awareness Training
All new applicants must have undergone the council’s approved Disability Awareness Training before a licence is granted.
Licence holders must undertake the Council’s approved refresher training where required every 3 years.
The Council’s approved Disability Awareness Training courses and providers are detailed in Appendix E.
The cost of this training is not included in the licence fee and must be paid by the applicant or licence holder direct to the training provider.
Language Proficiency Requirements
All new applicants must undertake the Council’s language proficiency assessment before a licence will be granted. This assessment will cover both oral and written English language skills.
Existing licence holders will need to undertake this assessment within 12 months from the implementation of this policy, or at the next renewal of the licence if that is sooner.
The Council’s approved language proficiency assessment process and providers are detailed in Appendix G.
The cost of this training is not included in the licence fee and must be paid by the applicant or licence holder direct to the training provider.
Knowledge Test
The Council’s Knowledge Test is an electronic test that covers different sections as set out in Appendix I.
An applicant cannot complete the test without a valid Enhanced DBS certificate.
The cost of this test is not included in the licence fee and must be paid by the applicant prior to completing the test
If the applicant fails, their knowledge test they will be able to re-take it a further 3 times provided a period of 28 days elapses between tests. This is to ensure that the applicant has sufficient time to revise.
If the applicant is unsuccessful on their fourth attempt their application will be refused as the applicant has not been able to evidence that they have the appropriate skills and attributes to satisfy the Council that they are fit and proper to be a licensed driver.
A new application can be made but a period of 12 months is required to elapse before another attempt can be made to enable the applicant to develop the necessary skills. The Council believes that this condition is necessary to ensure that applicants do not continue to take the knowledge test to their own financial detriment when they do not have the necessary knowledge to pass.
Conditions
The non-compliance with a licence condition may lead to revocation or suspension of a licence for this reason alone.
Driver Conditions
A licence holder, on changing his address, shall notify the Council of such change within seven days by email to licensing@rochford.gov.uk
Any of the following events in respect of licence holder must be reported by email to licensing@Rochford.gov.uk within 48 hours giving full details:
- Any charge or conviction
- Any caution (issued by the Police or any other agency)
- An arrest and release for any offence (whether or not charged)
- Issue of any fixed penalty notice for any matter;
- Any harassment or other form of warning or order within the criminal law.
- Following any conviction or the issue of a fixed penalty notice which results in penalty points being endorsed on the licence holder’s DVLA licence.
A driver shall at all times when working, wear their badge on their person so that it is clearly visible.
No person shall, being the driver of a Licensed Vehicle, without reasonable excuse:
Refuse to attend the needs of, or refuse assistance to any person with a disability, whether or not they are the user of a wheelchair.
Refuse to permit the carriage of a dog used as a guide dog for a blind or partially sighted person, a hearing dog for those otherwise impaired, or an assistance dog.
No person shall, being the driver of a Licensed Vehicle, charge for carrying a guide dog, hearing dog or assistance dog, or for the carriage of a wheelchair.
A driver shall not refuse to carry fewer persons than the number marked on the plate.
If a driver carries a hirer to a certain place and the hirer asks the driver to wait, the driver may ask for his fare for driving there and ask also for a deposit against the waiting time. After accepting such a deposit, the driver shall not drive away without the consent of the hirer.
The driver of a Licensed Vehicle who shall have agreed or shall have been hired to be in attendance with the vehicle at an appointed time and place shall:
Unless delayed or prevented by some sufficient cause, punctually attend with such vehicle at the appointed time and place.
When picking up the hirer, make his presence known in person and shall not attract the hirer’s attention by sounding their horn, shouting or making any other disturbing noise.
A driver shall:
- Convey a reasonable quantity of luggage;
- Afford reasonable assistance in loading and unloading such luggage.
If the Vehicle is fitted with a meter, the driver shall, at the commencement of the journey, activate the meter so that the word “HIRED” is clearly visible and shall keep the meter operating until the termination of the hiring. “Commencement of the journey” means:
When the hirer enters the vehicle;
When the driver has attended at an appointed place and has made their presence known to the hirer.
When the driver has presented themselves at an appointed place at a specified time.
The driver of a Vehicle shall at all times when the vehicle is hired:
- Take all reasonable precautions to ensure the safety of persons travelling in, entering or alighting from their vehicle;
- Be clean, respectable, of smart appearance and act with civility towards all persons and shall comply with the reasonable requirements of the hirer(s).
The driver of a Vehicle, when hired to drive to any particular destination shall, subject to any directions given by the hirer, proceed to that destination by the shortest available route.
Once a Vehicle has been hired, a driver shall not carry anyone else during that hire, without the explicit consent of the first hirer.
The driver shall not demand from any hirer of a Vehicle a fare greater than that agreed with the Operator or, if the vehicle is fitted with a taximeter and there has been no previous agreement as to the fare, the fare shown on the face of the taximeter.
The driver of a Vehicle shall, immediately after the termination of the hiring, search the vehicle for any property, which may have been accidentally left therein. On finding any property left in his vehicle, a driver shall carry it as soon as possible and in any case within 72 hours, to the Civic Offices, South Street, Rochford, Essex, and deposit it there.
Private Hire Operator Policy and Conditions
Overview
For the safety and protection of the public, Private Hire Operators within the District must have a licence issued by the Council. The licence permits you to accept bookings for Private Hire work.
If you intend to take bookings from an operating base situated outside the District, you must apply for an Operator's licence from the appropriate local council.
The objective in licensing Private Hire Vehicle Operators is to protect the public, who may be using Operators’ premises and trusting that the drivers and vehicles dispatched are above all else safe. It is important therefore that the Council are assured that those that are granted a Private Hire Vehicle Operator licence also pose no threat to the public and have no links to serious criminal activity. Although Private Hire Vehicle Operators may not have direct contact with passengers, they are still entrusted to ensure that the vehicles and drivers used to carry passengers are appropriately licensed and so maintain the safety benefits of the driver licensing regime.
Private Hire Vehicle Operators have a duty under data protection legislation to protect the information they record. The Information Commissioner’s Office provides comprehensive on-line guidance on registering as a data controller and how to meet their obligations.
Failure to comply with any condition of the licence may be grounds for revocation of the licence for that reason alone.
Duration of Licences
An Operator licence will normally be issued for a five-year duration.
Any shorter duration will only be issued if it is appropriate in the specific circumstances of the case, when the licensee has request it or where required, which may include but is not limited to the licence holder’s leave to remain in the UK is time limited.
Suitability of applicant/licence holder
A Private Hire Vehicle Operator licence may be applied for by a company or partnership; the ‘fit and proper’ test will be applied to each of the directors or partners in that company or partnership.
The Council will consider whether an applicant or licence holder with a conviction for offences provided in Appendix A, other than those relating to driving, meet the ‘fit and proper’ threshold.
Refusal to licence an individual as a driver or to suspend or revoke a driver licence does not automatically mean that that individual cannot be issued or continue to hold a Private Hire Vehicle Operator licence; this decision will be independent of a driver licence refusal and based on the appropriate information i.e., it should not consider information that would only be available via an enhanced DBS check but instead that which would be disclosed on a basic check. DBS certificate information can only be used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
Pre-Licensing Requirements
To apply for a Private Hire Operator licence you need to submit the following:
- A completed application form;
- Have the right to work in the UK;
- A basic disclosure from the DBS (unless the applicant is also a licensed driver with the Council)
If any applicant has, from the age of 10 years, has spent six continuous months or more living outside the United Kingdom then criminal records information or a ‘Certificate of Good Character’ from overseas must also be provided.
The fee (www.rochford.gov.uk/licensing)
Conditions
Existing licence holders will need to be compliant with all the below condition within 6 months from the implementation of this policy, or at the next renewal of the licence if that is sooner
General Conditions
The licence holder must not permit the display of the word “Taxi”, “Cab” or “Hackney Carriage” on any Private Hire Vehicles operated by them.
The Licence holder must notify in writing any change of address of the licence holder or the address of the operating centre by email to licensing@rochford.gov.uk within 48hrs of the change.
Criminality Checks/reporting Convictions and Other Relevant Matters
The licence holder must complete a basic disclosure from the DBS annually (unless the licence holder is also a licensed driver with the Council - Should the individual cease to hold a driver licence a basic certificate will be required immediately)
Any of the following events in respect of licence holder, director or partner must be reported by email to licensing@rochford.gov.uk within 48 hours giving full details:
- Any conviction (criminal or driving matter)
- Any caution (issued by the Police or any other agency)
- Issue of any Magistrate’s Court summons against them
- Issue of any fixed penalty notice for any matter;
- Any harassment or other form of warning or order within the criminal law.
- Their arrest for any offence (whether or not charged)
Booking and Dispatch Staff
An up-to-date register of all staff that take bookings or dispatch vehicles must be kept. This record shall be produced on request to any Authorised Officer of Rochford District Council or to any Police Constable for inspection.
When being added to the register, all individuals must have provided a recently issued (within 3 months) Basic DBS. This should be compatible with the Operator’s policy on employing ex-offenders. Alternatively, the Operator could use a ‘responsible organisation’ to request the check on their behalf.
A record that the Operator has had sight of a basic DBS check certificate (although the certificate itself should not be retained) should be retained for the duration that the individual remains on the register. Should an employee cease to be on the register and later re-entered, a new basic DBS certificate should be requested and sight of this recorded.
Individuals that take bookings and/or dispatch vehicles for an Operator must be required, as part of their employment contract, to advise the Operator of any convictions while they are employed in this role.
The register should be a ‘living document’ that maintains records of all those in these roles for the same duration as booking records are required to be kept, this will enable cross-referencing between the two records.
Operators may outsource booking and dispatch functions, however Operators have an obligation to protect children and vulnerable adults and they must evidence that comparable protections are applied by the company to which they outsource these functions.
Operators or applicants for a licence must provide to the Council their policy on employing ex-offenders in roles that would be on the register as above. As with the threshold to obtaining a Private Hire Vehicle Operator’s licence, those with a conviction for offences provided in the annex to this document (Appendix A – Assessment of previous convictions), other than those relating to driving, may not be suitable to decide who is sent to carry a child or vulnerable adult unaccompanied in a car.
Record Keeping
Operators must record the following information for each booking:
- the name of the passenger
- the time of the request
- the pick-up point
- the destination
- the name of the driver
- the driver’s licence number
- the vehicle registration number of the vehicle
- the name of any individual that responded to the booking request
- the name of any individual that dispatched the vehicle
Records must be retained for a minimum of twelve months
Use of passenger carrying vehicles (PCV) licensed drivers
A Driver who holds a PCV licence and the use of a Public Service Vehicle (PSV) such as a minibus to undertake a Private Hire Vehicle booking is not permitted without the informed consent of the booker. Where a Private Hire Vehicle is unsuitable, for example where a larger vehicle is needed because more than eight passenger seats required or to accommodate luggage, the booker should be informed that a PSV is necessary, and that a PCV licenced driver will be used who is subject to different checks and not required to have an enhanced DBS check.
Vehicle Licences
Overview
The objective of vehicle licensing is to protect the public, who trust that vehicles dispatched are above all else safe. It is important therefore that the Council is assured that those granted a vehicle licence pose no threat to the public and have no links to serious criminal activity. Although vehicle proprietors may not have direct contact with passengers, they are still entrusted to ensure that the vehicles used to carry passengers are properly licensed and so maintain the safety benefits of the licence regime.
Duration of Licences
A Vehicle licence will only be issued for a one year duration.
Suitability of the Applicant/Licence Holder
Vehicle licence may be applied for by a company or partnership; the ‘fit and proper’ test will be applied to each of the directors or partners in that company or partnership.
The Council will consider whether an applicant or licence holder with a conviction for offences provided in Appendix A, other than those relating to driving, meet the ‘fit and proper’ threshold.
Refusal to licence an individual as a driver or to suspend or revoke a driver licence does not automatically mean that that individual cannot be issued or continue to hold a vehicle licence; this decision will be independent of a driver licence refusal and based on the appropriate information i.e. it should not consider information that would only be available via an enhanced DBS check but instead that which would be disclosed on a basic check. DBS certificate information can only be used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
Pre-Licensing Requirements
To apply for a Vehicle licence you need to submit the following:
- A completed application form
- A basic disclosure from the DBS (unless the applicant is also a licensed driver with the Council)
- If any applicant has, from the age of 10 years, has spent six continuous months or more living outside the United Kingdom then criminal records information or a ‘Certificate of Good Character’ from overseas must also be provided.
- The fee (www.rochford.gov.uk/licensing)
- The original V5C vehicle registration certificate (log book), which must be in the applicants name and current address
- The bill of sale
- A MOT and compliance check
- A valid insurance certificate
The old licence plate and window card (if renewing the licence)
Existing licence holders will need to comply with the above basic disclosure requirement within 6 months from the implementation of this policy, or at the next renewal of the licence if that is sooner.
Vehicle specification and conditions including CCTV.
For the purpose of this consultation there are no changes proposed to the existing vehicle specification or conditions.
Responses to consultations on the use of CCTV in taxis.
These are outlined below:
The Licence holder shall not install safety cameras in a licensed vehicle unless the details of the system have first been considered and approved by the Council and meet the following requirements and conditions:
Safety cameras are only to be used for the purposes of driver safety. This may also benefit passengers;
All equipment must comply with any legislative requirements in respect of Motor Vehicle Construction and Use Regulations, and the Council’s Conditions of Fitness;
All equipment must be designed, constructed and installed in such a way and in such materials as to present no danger to passengers or driver, including impact with the equipment in the event of a collision, or danger from the electrical integrity being breached through vandalism, misuse, or wear and tear;
All equipment must be installed in such a manner so as not to increase the risk of injury and/or discomfort to the driver and/or passengers. For example, temporary fixing methods such as suction cups will not be permitted, or lighting, such as infra-red, which emits at such a level that may cause distraction or nuisance to the driver and/or passengers;
Any sound recording must comply with the Data Protection Act 1998 and the Information Commissioner’s Office CCTV Code of Practice (Revised edition 2008) and any guidance on this topic, which is subsequently published;
The image from any camera must not be used for any commercial purpose or circulated on any social media website etc.
The appropriate warning stickers or signs which are required by the Data Protection Act 1998 must be displayed. Such signs or stickers must be of a reasonable size, should not obscure views through the windows, and cannot contain advertising.
If safety cameras are fitted to licensed vehicle, it is possible that the pictures held in the camera would be ‘data’ that has to be held in accordance with the terms of the Data Protection Act 1998. If the Act applies, the person who is regarded as the ‘Data Controller’ for these pictures must be registered with the Information Commissioner and the Data Controller shall ensure compliance with the terms of the Act. A ‘Data Controller’ is defined as the person who determines the purposes for which, and the manner in which, any data are processed.
It is the responsibility of any person having control or access to the stored pictures to ensure that the terms of the Data Protection Act 1998 are complied with.
Disciplinary and Enforcement Measures
The principle purpose of hackney carriage and private hire licensing is to protect the
public and promote public safety. The Government believes that regulators should have access to effective sanctions that are flexible and proportionate and that ensure the protection of workers, consumers and the environment when tackling non-compliance by businesses.
In pursuance of its objective to encourage responsible hackney carriage/private hire businesses, the Authority shall operate a firm but fair disciplinary and enforcement regime with a view to balancing the promotion of public safety with the need to permit individuals to safeguard their livelihood without undue interference.
Where a licence holder has been referred to the Licensing and Appeals Sub-Committee, it has the power to order the revocation or suspension of the licence. Where a licence is due to be renewed as an alternative to revocation, the Sub-Committee may decide that the appropriate action is to order that the licence should not be renewed.
The Authority operates a penalty point scheme of enforcement whereby points may be issued by authorised officers to licence holders who are found to be in breach of legislation, byelaws, this policy or conditions. The penalty point scheme will apply to drivers, operators and vehicles.
The relevance of offences and convictions for prospective applicants and existing licence holders is outlined in the Authority’s Assessment of Previous Convictions at Appendix A.
If any licence holder seeks to surrender their licence whilst they are under investigation for a criminal offence or other conduct that could result in the suspension or revocation of their licence, we will usually refuse to accept the surrender; continue with the investigation and determine the outcome.
Fees
The power to charge a fee for a driver’s licence (both Hackney Carriage and Private Hire is found in section 53(2) of the Local Government (Miscellaneous Provisions) Act 1976, which provides that:
Notwithstanding the provisions of the Act of 1847, a district council may demand and recover for the grant to any person of a licence to drive a hackney carriage, or a private hire vehicle, as the case may be, such a fee as they consider reasonable with a view to recovering the costs of issue and administration and may remit the whole or part of the fee in respect of a private hire vehicle in any case in which they think it appropriate to do so.
The power to levy a fee for vehicle and operator’s is contained within s.70:
Subject to the provisions of subsection (2) of this section, a district council may charge such fees for the grant of vehicle and operators' licences as may be resolved by them from time to time and as may be sufficient in the aggregate to cover in whole or in part—
(a) the reasonable cost of the carrying out by or on behalf of the district council of inspections of hackney carriages and private hire vehicles for the purpose of determining whether any such licence should be granted or renewed;
(b) the reasonable cost of providing hackney carriage stands; and
(c) any reasonable administrative or other costs in connection with the foregoing and with the control and supervision of hackney carriages and private hire vehicles.
In the legal case Hemming [2012] EWHC 1260 (Admin) and [2013] EWCA Civ 591, the court determined surpluses as well as deficits are to be carried forward. The licensing authority is not entitled to make a profit. The court did not require pin-point precision year on year.
The council does not have to adjust the licence fee every year to reflect any previous deficit or surplus, so long as it ‘all comes out in the wash’ eventually. And the adjustment does not have to be precise: a rough and ready calculation which is broadly correct will do.
Rochford District Council will review the fees in line with the Policy every 5 years or if significant changes to legislation or policy is required.