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Conditions for Private Hire Operators' Licences

Tameside Metropolitan Borough Council Conditions for Private Hire Operators

The Operator shall at all times comply with the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 and the conditions thereafter provided.

In these conditions;

“Authorised officer” has the same meaning as in section 80 of the Local Government (Miscellaneous Provisions) Act 1976.

“The Council” means the Council of the Metropolitan Borough of Tameside.

“The Operator” means a person holding a licence to operative private hire vehicles issued pursuant to section 55 of the Local Government (Miscellaneous Provisions) Act 1976.

“Private hire vehicle” has the same meaning as in section 80 of the Local Government (Miscellaneous Provisions) Act 1976.

Conditions of Application for Licence

Before a licence is granted in respect of a Private Hire Operator’s Licence the applicant must:

  1. Complete and submit to the Council an application and Statutory Declaration in the form prescribed by the Council.
  2. Satisfy the Council that the applicant is a fit and proper person to hold such a licence and carry on business of operating a private hire vehicle.
  3. Pay to the Council a licence fee.
  4. Satisfy the Council of their intention to operate only with vehicles and drivers licensed by the Council.
  5. Submit a business plan to the council on application.
  6. Produce vehicle signage to satisfy that it meets the requirements of Condition 17 of the Private Hire Vehicle Licence conditions.
  7. Submit a business name and/or phone number which is not similar to one already approved.
  8. Undertake a Standard CRB Check if required.
  9. Produce Public Liability insurance to the Council where a premises will have a waiting area for members of the public.

Conditions of Licence

1. Vehicles and drivers’ licences

The Operator must not, within the Metropolitan Borough of Tameside, operate any vehicle as a private hire vehicle –

  1. Unless a current private hire licence issued by the Council is in force for the vehicle;

or

  1. If the driver does not have a current private hire driving licence issued by the Council.

2. Vehicles

The Operator must not know knowingly accept bookings for private hire of any vehicle not currently licensed for such use, un-roadworthy (i.e. not covered by a current test certificate), or not properly insured.

3. Number of passengers

The Operator must not knowingly convey or permit to be conveyed in a vehicle a greater number of persons exclusive of the driver than the number of persons specified in the licence for the vehicle.

4. Operator’s premises / Service to the public

  1. The Operator must obtain any necessary planning permission required for their premises and must comply with any conditions attached to that permission.
  2. The Operator must provide a prompt, efficient and reliable service to members of the public at all times and for this purpose shall in particular:
    1. Ensure that when a private hire vehicle has been hired to be in attendance at an appointed time and place, the vehicle shall, unless delayed or prevented by sufficient cause, punctually attend at that appointed time and place.
    2. Keep clean, adequately heated, ventilated and lit any premises which the Operator provides and to which the public have access, whether for the purpose of booking or waiting.
    3. Ensure that any waiting area provided by the Operator has adequate seating facilities.
    4. Ensure that any telephone facilities and radio equipment provided are maintained in a sound condition and that any defects are repaired promptly.

5. Radio equipment

The Operator shall at no time cause or permit any radio equipment to be a source of nuisance, annoyance or interference to any other person.

6. Fare

When the Operator accepts the hiring they shall specify to the hirer on request the fare or the rate of the fare for the journey to be undertaken and shall immediately record all details of the booking.

7. Records

  1. The records required to be kept by the Operator under Section 56(2) of the Local Government (Miscellaneous Provisions) Act 1976 shall be kept in a suitable book, the pages of which are numbered consecutively and the Operator shall enter or cause to be entered therein, before the commencement of each journey, the following particulars of every booking of a private hire vehicle invited or accepted by him:
    1. The time and date of the booking.
    2. The name and address of the hirer.
    3. How the booking was made (i.e. by telephone, personal call, etc).
    4. The time of pick-up.
    5. The point of pick-up.
    6. The destination.
    7. The registration number or other identification of the vehicle allocated for the booking.
    8. Remarks (including details of any sub-contract).
  2. The Operator shall also keep records of the particulars of all private hire vehicles operated by them. These particulars must include details of the owners, registration numbers and drivers of such vehicles, together with any radio call sign used and up to date copies of insurance certificates.
  3. All records of hirings kept by the Operator shall be preserved for a period of not less than six months following the date of the last entry.

8. Electronic records

  1. Where 11 or more vehicles are licensed by one operator from one particular address, the records of all bookings made under Section 56 of the Local Government (Miscellaneous Provisions) Act 1976 and in accordance with the conditions of Operator Licence must be kept on an electronic booking system, which must record the following:
    1. The Time and date of the booking.
    2. The address of the hirer.
    3. How the booking was made, telephone, personal call, email, etc.
    4. The time of pick up.
    5. The point of pick up.
    6. The destination.
    7. The time the job was cleared.
    8. The registration number or other identification of the licensed vehicle allocated for the booking.
    9. The driver call sign and identification of the licensed driver who carried out the booking.
    10. Remarks including any sub contract.
  2. If a electronic booking system is in place a member of staff must be available who can operate the electronic system fully, and assist an authorised officer or police officer with their request for any information required from the system in relation to the booking or any other relevant information.
  3. The electronic system must be checked weekly for time accuracy.

9. Receipt for Fare

The Operator shall require the driver of a private hire vehicle to provide a written receipt for the fare paid to any passenger if so requested.

10. Signs, Notices, etc

  1. An Operator must provide vehicle signage to the Council in order for the Council to approve its use. Only signage that has been approved by an Authorised Officer can be displayed on licensed private hire vehicles.
  2. The following guidance must be taken into account when designing signage:-
    1. The Council will not permit an operator to use a business name and/or phone number which is similar to one already approved.
    2. Door signs must clearly display the operator business name, contact telephone number and the words “Advanced Booking Only” which shall be displayed in conjunction with the name and telephone number of the operator. The said sign shall use letters at least 2” (50cm approx) high and shall give prominence to “Advanced Bookings Only”.
    3. No signage will be given approval if it is deemed to be misleading, i.e. is likely to cause a person to believe that any Private Hire vehicle is a Hackney Carriage.
    4. The words “Taxi”, “Tax” or “Cab” whether in the singular or plural, or the words “Mini Cab”, “Public Hire Car” or “For Hire” must not be used.
    5. No magnetic signage will be permitted.
  3. The operator is responsible for supplying approved door signs to the vehicle proprietor.
  4. All licensed private hire vehicles must display the door signs of the Operator to which the vehicle is wholly or mainly attached. These signs must be displayed on the front doors of the vehicle. In the case of a vehicle which is a MPV or minibus, the signs can be either on the front doors or on the middle or sliding door, and on a rear door.

12. Change of Address

The Operator shall notify the Council in writing of any change of their address (including any address from which they operate or otherwise conduct their business as an Operator) during the period of the licence within 7 days of such change taking place.

13. Convictions

The Operator shall within 7 days disclose to the Council in writing details of any conviction cautions or any other orders, etc imposed on them (or if the Operator is a company or partnership, on any of the directors or partners) during the period of the licence.

14. Assignment of Licence

The Operator shall not assign or in any way part with the benefit of the Operator’s Licence.

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