Licensing authorities should keep in mind that their primary objective is to ensure the safety of passengers. They should also remember that the public expect services to be available, accessible, and affordable.
Taxis are licenced to collect fare paying customers from taxi ranks or who have been hailed in the street, while minicabs must be pre-booked.
Taxi Licensing Authority
A well-functioning licensing system is vital for public safety. Councils that administer and enforce taxi and private hire vehicle licences must be able to ensure that their policies and decisions are robust, well-resourced and effective. They must also be able to address cross-border issues such as drivers and vehicles travelling between different local authority areas.
A key element is sharing information between councils to ensure that the most suitable people are licensed and to block those who pose a risk. It is also vital to ensure that any safeguarding concerns are acted upon, as failure to do so puts passengers at risk.
The LGA has set up a national register of taxi and PHV licence refusals and revocations – known as NR3. This allows local authorities to share information with neighbouring authorities on an individual case basis and check new applicants against it. The Department for Transport has also published statutory taxi and PHV standards and best practice guidance that councils should have regard to.
Licensing officers should also have good relationships with the local police force to jointly identify those operating illegally and ensure that they are arrested. Many areas operate regional taxi and PHV officer consultation groups or, more formal councillor liaison meetings, which help to develop this essential partnership. They should also consult with stakeholders including local traders, those representing disabled people, chambers of commerce, organisations with a transport interest, women’s groups and multi-agency safeguarding arrangements.
Taxi Driver Licensing Authority
The licensing of taxi drivers and vehicles is the responsibility of district and unitary councils (‘licensing authorities’) across the UK. The core legislation – the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 – sets out a framework but much of the detail is determined locally through policies.
Taxi and PHV licensing tends to be combined with other licensing functions such as pubs, gambling and sex shops within the council’s regulatory services. The committee overseeing these decisions is usually known as the ‘Regulatory Committee’ or ‘Licensing Board’.
A key issue is ensuring that the people who operate taxis are fit and proper to do so, which involves assessing character, criminal records and other matters such as medical issues or disabilities. In this regard, it is important that councils share information with each other on a regular basis and that these arrangements are included in your overall taxi/PHV licensing policy.
Licensing authorities also need to be able to respond quickly to complaints and other intelligence. This may involve establishing a fast-track procedure for dealing with cases of suspected child sexual exploitation. It is also worth examining whether your council has a database of drivers that have had their licences revoked or refused by other licensing authorities which is available for other local authority officers to check.
Taxi and Private Hire Vehicle Licensing Authority
Licensing authorities need to work effectively with the taxi and PHV trades to ensure that they operate in a way which meets public demand. This means ensuring that services are accessible and available, providing drivers with a fair chance of making a living from the trade and promoting public safety. Well-directed compliance and enforcement activity benefits the public, the responsible people in the trades and their vehicles and the wider transport industry.
There are many factors which impact on licensing, including vehicle specifications, age restrictions and driver qualifications. Each local authority must take into account its own specific circumstances when formulating and implementing their policies. This guidance is intended to help them do this. It is not intended to give a definitive statement of the law; every application and licensing decision will be considered on its merits.
St Andrews Taxis
The statutory standards make clear that the personal safety of passengers is paramount. Licensing authorities should ensure that high safeguarding requirements and processes are in place, as well as ensuring that drivers meet the appropriate levels of knowledge to do their jobs safely. It is also important that the trade understands and respects these arrangements.
Currently, local authorities create their own taxi and PHV licensing requirements. This can mean that standards and requirements differ substantially across Wales. In addition, enforcement officers have limited powers to act against ‘out of area’ vehicles and drivers. The recommendations in part 2 of this guide aim to address these issues and improve consistency across Wales.
Taxi and Private Hire Vehicle Driver Licensing Authority
It is important to the public that taxis and PHVs are driven by people who are safe and reliable. To help ensure that this is the case, licensing authorities have a wide range of powers to investigate and enforce standards and regulations. This includes undertaking intelligence-led deployments to hotspot locations and targeted operator visits. They are also able to report breaches of the law to enforcement officers who may take action by issuing a warning, Fixed Penalty Notice, prosecution or suspension of licence.
In line with the UK Government’s Modern Crime Reduction Strategy, it is essential that local areas introduce rigorous taxi and PHV licensing regimes to prevent criminals from exploiting drivers and vehicles for crimes such as child sexual abuse. Licensing authorities can make a significant difference to the safety of passengers and the integrity of the industry by taking a consistent approach to licensing policies, conditions and tests.
To support this, the Welsh Local Government Association (WLGA) has produced a guide to best practice for licensing authorities. The recommendations within the guide aim to improve passenger safety, protect equality and enable fair competition. The guidance can be adopted by licensing authorities without changes to legislation and will support compliance with the Department for Transport’s Statutory Taxi and Private Hire Vehicle Standards. It is recommended that licensing authorities consult with local groups likely to be affected by any policy changes, such as taxi and PHV drivers, chambers of commerce, women’s groups and the local multi-agency safeguarding arrangements.
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