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Local elections - May 2019
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Private hire operators
Before applying for a new licence, please take some time to read and understand the specific guidance first.
1. Please provide full names and addresses of two referees from whom the Council may seek character references.
2. Applicants (GRANTS ONLY) should complete two applications if they require both types of licence. The fee for each type of licence is £70.00 (i.e. £140.00 for both) plus £58.00 if a disclosure is required from the Disclosure & Barring Service. APPLICANTS MUST BE AWARE THAT FEES ARE NON-REFUNDABLE.
3. All applicants for the initial grant of a licence to act as the driver of hackney carriages and/or private hire vehicles must arrange for a medical examination (MED.2), and in the case of renewals, applicants aged 46 years or over must arrange for a medical examination and completion of the Questionnaire form (MED.2) by a registered medical practitioner every three years. The form (MED.2) is obtainable from the Council. Any fee payable for the medical examination is to be paid directly by the applicants to the medical practitioner. In the case of applicants aged 65 years or over, a (MED.2) must be completed on an annual basis.
Medicals must be carried out by a registered medical practitioner who is the applicant's own GP or one who has access to the applicant's medical records. Documentation must be provided by the applicant to the medical practitioner verifying the applicant's identity
Medical forms submitted with applications for new licences must not be older than 28 days old at date of application.
4. Unless otherwise specified, a licence to act as the driver of hackney carriages and/or private hire vehicles will be issued for a period of one year except in those cases where the registered medical practitioner recommends a more frequent medical examination or the Licensing Committee grant a licence for a shorter duration.
5. Any driver who may wish to claim exemption from carrying ‘assistance dogs’ on medical grounds must apply for exemption. The exemption procedure is available from the Licensing Office.
6. The attention of applicants is drawn to the attached conditions of application for licences.
7. (a) An enhanced Disclosure & Barring Service Form is required for all grant applications and every three years for renewal applications. Allerdale Borough Council no longer provides a DBS disclosure application service. A company called Personnel Checks do this on our behalf.
All instructions will be given to you by Personnel Checks. Allerdale Borough Council will still verify your ID documents.
Please note: The Licensing Department no longer receives a copy of your DBS Disclosure result. It will be your responsibility to submit your DBS Disclosure to us as part of the application process.
(b) If a disclosure is required and you can supply a previous one which is less than 3 years old, this will be accepted providing it is accompanied by a statutory declaration sworn in front of a Solicitor or other Commissioner for Oaths.
Statutory declarations are only required the first time you submit your disclosure. Please bring your disclosure with you when you submit your application.
8. All new applications must be accompanied by a Driving and Vehicle Standards Agency Pass Certificate. Exemptions do apply. These include occupations as a driving instructor, driving examiner, persons having taken an advanced police driving test or persons holding a driving licence with categories D (or D + E) or D1 (or D1 + E). Drivers with these categories must hold a Driver Certificate of Professional Competence and hold a Driver Qualification Card valid for 5 years. The Driver Qualification Card must be produced with the application. Please contact the Licensing Department for confirmation that an exemption applies.
If the DVSA taxi assessment is not available the applicant must pass the required assessment to be selected in due course by Allerdale Borough Council within 6 months of the implementation date of the new assessment. Any licensed drivers appearing before the Licensing Panel with repeated traffic offences may be required to pass the relevant assessment selected.
9. Applications for renewal received longer than 28 days after the expiry of the licence will be treated as a new grant and must be accompanied by new documentation i.e. new DSA Test, new Doctors Medical (MED2) and new DBS form.
10. N.B. Your attention is drawn to the fact that supplied information is to be stored on computer. You therefore have certain rights to view the information. Such requests must be made in writing and a fee maybe payable. Your rights are set out in the Data Protection Act, 1998.
Before an operator’s licence is issued by the Council in respect of a private hire vehicle the following conditions must be satisfied:-
1. The applicant must satisfy the Council that he is a fit and proper person to hold an operator’s licence.
2. The applicant must provide the following information in his application:-
(a) His full name and address
(b) The address or addresses whether within the area of the Council or not from which he intends to carry out the business in connection with private hire vehicles.
(c) Details of any trade or business activities he has carried on before making the application.
(d) Details of any previous applications made for an operator’s licence.
(e) Details of any revocation suspension or refusal to renew any operator’s licence previously held by him.
(f) Details of any convictions recorded against him; and
(g) Any other information that the Council may consider reasonably necessary to enable them to determine whether to grant the licence.
3. If the applicant for an operator’s licence is or has been a director or secretary of a company then information must be provided as to :-
(a) Any convictions recorded against that company at any relevant time.
(b) Any trade or business activities carried on by that company.
(c) Any previous application made by that company for an operator’s licence; and
(d) Any revocation, suspension or refusal to renew an operator’s licence previously held by the company.
4. If the application for an operator’s licence is a company then information must be provided as to :-
(a) Any convictions recorded against any person who is a director or secretary of that company.
(b) Any trade or business activities carried out by any such directors or secretary.
(c) Any previous application made by any such directors or secretary for an operator’s licence; and
(d) Any revocation, suspension or refusal to renew an operator’s licence previously held by any such director or secretary.
5. If the applicant for an operator’s licence proposes to operate the vehicle in partnership with any other person, information must be provided as to:-
(a) Any convictions recorded against that person
(b) Any trade or business activities carried out by that person.
(c) Any previous application made by that person for an operator’s licence; and
(d) Any revocation, suspension or refusal to renew an operator’s licence previously held by that person.
The Operator of a private hire vehicle shall observe and perform all the following terms and conditions which shall be attached to and form part of his/her private hire operator’s licence:-
1. Every contract for the hire of a private hire vehicle shall be deemed to be made with the operator who has accepted the booking for the vehicle whether or not he himself provides the vehicle.
2. This licence is personal to the holder named within. The holder may not in any circumstances assign it or in any way part with the benefit thereof of any other person.
3. The holder shall forthwith withdraw from operation any vehicle in respect of which the private hire vehicle licence is for any reason, revoked, suspended or not renewed.
4. The holder shall not employ, or shall cease to employ forthwith for the purpose driving any of his private hire vehicles, any person who does not hold or ceases to hold a current private hire driver’s licence.
5. The holder shall keep at all times at the premises from which he/she operates, a permanent book or register which shall clearly show a daily entry particulars of every booking of a private hire vehicle invited or accepted by him whether by accepting the same from the hirer or by undertaking it at the request of another operator. Such particulars shall be entered before the commencement of each journey and shall show in respect of that journey.
(a) Whether the request for the hiring was made by the hirer or another operator.
(b) The name of the hirer.
(c) The date, time and place of commencement of the journey
(d) The number of passengers to be carried, if known; and
(e) The name and/or licence number of the driver and the registration number and/or private hire vehicle licence number of the vehicle used.
6. The holder shall keep at all times at the premises from which he/she operates, a permanent register which shall set out in respect of each private hire vehicle operated by him/her:
(a) The make, model, colour and registration number;
(b) The year of its manufacture and the date of its first registration.
(c) The number of passengers which that vehicle is authorised to carry;
(d) The number and date of the current private hire vehicle licence; and
(e) The name and address of the proprietor of the vehicle.
7. This licence and any book, register or record required to be kept under the terms of the licence shall be produced on request by any authorised officer of the Council and to any police constable for inspection.
8. An Operator shall not refuse to accept a booking solely for the reasons that the customer would be accompanied by an assistance dog, and no extra charge shall be made for such customers.
9. The Council shall have the power to suspend, revoke or refuse to renew any operator’s licence for any reasonable cause, including:
(a) Any offence under or non-compliance with the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976;
(b) Any conduct on the part of the operator which appears to the Council to render him unfit to hold an operator’s licence; and
(c) Where there has been a material change in the circumstances of the operator on the basis of which the licence was granted.
10. If during the currency of this licence any of the particulars supplied in the operator’s application shall change, details of the change shall forthwith be notified in writing to the Council.
11. Any notice required to be served by the Council under this Licence or under any of the provisions of the Local Government (Miscellaneous Provisions) Act 1976 shall be deemed to have been properly served if sent by prepaid post to or left at the last known address of the premises from which the holder operates.
12. The licence shall continue in force for a period of three years from the date of issue unless previously suspended or revoked.
13. The Council may at any time add to, delete or alter any foregoing conditions and upon notice thereof having been served upon the licence holder, such additions, deletions or alterations shall as from the date of such service be deemed to be incorporated herein.
14. Without prejudice to any other course of action or remedy available to the Council in the event of any breach of Byelaw or condition attached to this licence or contravention of any relevant statute or regulation the penalty point(s) then applicable to that particular breach or contravention set out in Appendix A to these Byelaws or conditions be issued to the licence holder. Provided no more than eleven penalty points have been issued to the licence holder in any twelve month period all penalty points will cease to apply at the end of that period. Upon the accumulation of twelve or more points within any twelve month period the licence holder will be rendered liable to any appropriate action being taken by the Council including (without limitation) suspension or revocation of the licence.
Making an application
If you can meet all the terms and conditions as outlined above then you can apply for a licence using the application form below. Online applications will be rolled out soon.
Send your application with the to our licensing department in Allerdale House in Workington.
Applications that do not comply with the above may be considered by the Licensing Panel and the fee may not be refundable. If you are unsure if your application will be accepted on a matter of policy then please contact Customer Services.Download the application form