Hackney Carriage and Private Hire Licensing Policy

The Licensing Service performs a range of licensing and registration duties as required by legislation or as a matter of council policy. The council will strive to ensure that the vulnerable are protected in a healthy environment as outlined in its Corporate Plan.

The underlying principle of the licensing regime is public protection.

The purpose of this Policy is to set out the steps officers will take when considering what, if any, action is necessary where possible offences or non-conformities are identified whilst carrying out their duties.

In carrying out its functions, the Licensing Authority will act with impartially and be objective, consistent and recognise the rights of individuals. In carrying out their duties all officers will have regard to this policy along with the council’s Enforcement Policy for Regulatory functions and the Regulator’s Compliance Code and the Enforcement Concordat. The aim of these documents is to make enforcement transparent and to ensure it is carried out in an equitable, practical and consistent manner.

The policy will be kept under review and revised periodically as appropriate.

Proportionality - action taken by enforcing authorities should proportionally reflect any risks, and the seriousness of any breach which will include consideration of the financial implications of any request.

Consistency - a similar approach should be taken in similar circumstances to achieve similar results, although it does not necessarily mean uniformity. Due regard shall be had to codes of practice and the activities of other councils to achieve consistency.

Openness - customers should be helped by officers to understand what is expected of them and what they should expect from officers. Customers should be clearly informed of the difference between statutory requirements and advice/guidance/informal requests. Information will be provided in plain language and officers will be open about how they set about their work, including any charges.

Helpfulness - officers will provide a courteous and efficient service, properly identifying themselves at all times. Performance standards and the level of service customers should expect shall be made freely available.

Complaints about Service - The council’s complaints procedure shall be easily accessible and this, and any right of appeal, shall be explained to customers when appropriate.

Officers are authorised depending upon qualification, experience and competency. The level of authorisation of officers is set out in the relevant internal scheme of delegation which stems from the council’s Constitution.

Officers carry identity cards at all times when on duty and these should be shown to any customer on request.

There are a number of options that will be considered in respect of one of the following:

a) matters that have been identified during the application process which cause concern regarding the fit and proper person test

b) a complaint is received

c) unlicensed activity is suspected

d) the Licensee has not complied with the conditions of a licence or byelaw made by the council

e) an officer has identified that a possible criminal offence has been committed

In circumstances where informal action is likely, the applicant/licence holder will be contacted by a council officer in relation to the matter of concern. The licence holder/applicant will be given the opportunity to respond before a final decision is made. In these circumstances response may be made by way of face to face interview, online interview, telephone interview or written correspondence. The applicant/licence holder will be informed of the Council's decision in writing as per the "Enforcement options".

In circumstances where formal action is a consideration, the applicant / licensee will be invited to attend an interview with an authorised Council officer at a mutually convenient date and time. The authorised officer will be responsible for making the final decision and will be unconnected to any prior investigation relating to the matter in hand. The applicant/licence holder will be informed of the Council's decision in writing as per the "Enforcement options".

Where a criminal offence is suspected, the suspect will be formally invited to attend an interview under caution at the council offices.

Interviews with drivers and or applicants will generally be recorded on disk/tape to ensure that there is an accurate record of the meeting in circumstances where it is possible that a licence application may be be refused or existing licence suspended or revoked.

The council defines “Informal Action” as the retention of information on council records with no further steps taken in respect of a licensee/applicant. The council defines “Formal Action” as action against a licensee or applicant where there is a statutory right of appeal.

(i) Warning as to future conduct – formal notice issued when concerns have been raised in respect of a specific matter and which will usually remain on file during the currency of any licence or application

(ii) An advisory notice – written confirmation of the matter investigated where no formal action is required but a record of the matter is to be retained on file

(iii) Formal warning – written notice where a breach of licence conditions has been identified and which will be retained on file

(iv) Final warning – written notice where a breach of licence conditions has been identified and further breach of which is likely to result in suspension or revocation of the licence

(v) Imposition of penalty points under the council’s Penalty Points Policy (see Appendix 5)

Circumstances where informal action is considered appropriate may include but is not limited to the following:

• the breach is not of a serious nature
• there is no significant risk to the health or safety of any person
• there is no previous history of non-compliance
• there is no independent evidence to support the matter under consideration
• the breach was as a result of a genuine mistake or misunderstanding.

Where action has been taken in accordance with (i) to (v) above the recipient of the notice will be advised of their right to appeal in writing within 14 days of the date of the notice to the Head of Licensing, Buckinghamshire Council, The Gateway, Gatehouse Road, Aylesbury, Bucks, HP19 8FF.

Revocation/Refusal of current/future licence/application or restriction of such licence by imposition of conditions or suspension of a licence.

Where the council has granted a licence, previous informal action recorded on file may be taken into account in deciding whether to revoke a licence, refuse a further application or impose conditions on future licences.

Where the council is considering such steps, the licensee/applicant will be given notice of the course of action being considered and given the opportunity to respond at a formal interview to be held at council offices or alternatively in writing.

Circumstances where the council may consider such action include but are not limited to the following:

• there has been or is a significant contravention of the legislation
• there has been or is a significant risk to the health or safety of any person
• there is a lack of confidence in an informal approach being positively responded to or such an approach has already failed
• there is a history of non-compliance or offences

In cases where prosecution is under consideration, a file containing all the relevant evidence and information will be submitted by the Licensing Service to the District Solicitor for a decision to be made in accordance with the Code of Crown Prosecutors.

Should the council depart from this policy, in exceptional circumstances, the reasons will be recorded.

Circumstances where the Council may consider a prosecution include but are not limited to the following:

• there has been or is a significant contravention of the legislation
• there has been or is a significant risk to the health or safety of any person
• there is a lack of confidence in an informal approach being positively responded to or such an approach has already failed
• there is a history of non-compliance or offences

In cases where prosecution is under consideration, a file containing all the relevant evidence and information will be submitted by the Licensing Service to the District Solicitor for a decision to be made in accordance with the Code of Crown Prosecutors.

Should the Council depart from this policy, in exceptional circumstances, the reasons will be recorded.