Here are some ‘interesting’ extracts from Brum’s NEW, 20-page Private Hire Operator, Driver & Vehicle Proprietor Conditions of Licence;
PRIVATE HIRE OPERATOR CONDITIONS OF LICENCE
The Private Hire Operators Licence is granted subject to you complying with the following conditions. Failure to comply with any of the conditions could lead to a prosecution and/or your licence being suspended, revoked or not renewed by a Licensing Sub Committee.
5. The licence is granted to you in respect of the address notified to the Licensing Office at the time of application. You can only operate from the address specified on your licence. If you intend to change the business address of the operation, you must first obtain written consent from the Licensing Office and if approved you must return your original licence for amendment.
Consent will only be granted in respect of premises for which planning permission for the use of a Private Hire Operators business has already been granted.
6. You must notify the Licensing Office within 3 days of the commencement or termination of a private hire driver being operated by you or the change of their call sign by providing an updated Driver and Vehicle List.
7. You must notify the Licensing Office, in writing, of the name and details of any individual ( over the age of 18 ) to be nominated as a person responsible for managing your business in your absence prior to their commencement in the role. Should a nominated individual cease to be employed in this capacity then you must notify the Licensing Office, in writing, within 7 days.
10. If you intend to let the public have access to your premises for waiting or making bookings, then you must ensure the following:
a) any rooms or areas provided for the public are clean, adequately heated, ventilated, well lit and have adequate seating facilities, and
b)
a suitable public liability insurance covering the premises is obtained and is prominently displayed for viewing.
15. You must keep and maintain at your licensed premises a register of all persons
employed whether full or part time, in which shall be recorded their full name, date of birth, address, national insurance number, contact telephone number, any call sign/codes they are allocated and the dates their employment commenced/terminated. Further, in relation to each employed individual, copies of supporting documentation in the form of a valid passport or a DVLA photo-card licence and utility bills of no more than 2 months old must be kept. This register must be retained at your licensed premises and be available for inspection by an authorised officer at any time during the hours of operation.
16. The Licensing Office has the right to refuse to grant an Operator’s licence where the proposed business name is the same or similar to that of an existing Operator licensed by this Council or any other neighbouring council. The Licensing Office shall also have the right to refuse to grant or renew an Operator’s licence where the business name is either changed or made up from a collection of other Operator names operating within this Council or any other neighbouring council.
17. You must not advertise your private hire business in any name other than that indicated on the Private Hire Operators licence.
18. You must not advertise or use stationery showing your trading name that is different to the style/format of letters, numbers or logos used within your trading name as displayed on your Operator Identification Door Signs.
19. You must not advertise your private hire business in a manner which gives rise to confusion with another private hire operator licensed by this Council or any other neighbouring council.
21.
No notice, sign or advertisement seeking to advertise or promote your business of a private hire operator, wherever it is displayed, shall consist of or include the words “TAXI” or “CAB” or “For Hire” whether in the singular or plural, or any words or devices which give any indication that the service to which the notice, sign or advertisement relates is that which can only be provided by a licensed Hackney Carriage.
22. No notice, sign or advertisement may be placed upon a private hire vehicle unless installed by an agent authorised by the Licensing Office. Advertisements may only be placed within the rear windscreen and must not involve or promote any of the following: drugs, alcohol, smoking, sex, nudity, politics or any private hire company.
23. You must ensure that staff answering your private hire telephone number(s) do so by using your trading name only.
24. You must provide your drivers with stationery that they can use for issuing receipts. The stationery shall include your trading name and space for the drivers’ call sign, details of the journey and the fare paid to be recorded.
26. All vehicles, their fittings and equipment operated by you shall at all times when the vehicle is in use or available for hire be kept in an efficient, safe, tidy and clean condition.
27. Mobile phones are not allowed to be used, installed, fitted to or carried in any private hire vehicle for the purpose of inviting, passing or accepting bookings for that vehicle.
28. Should a meter be fitted to any of your private hire vehicles, it must be first tested, sealed and certified by an authorised officer before it can be used for calculating fares for passengers.
31. All private hire vehicles operated by you must display the identity plates and signage in accordance with the Conditions of Licence for Private Hire Vehicles and in the locations specified (See Appendix A).
You must regularly check your fleet of vehicles to ensure they are compliant with these Conditions.
33. You must issue every private hire driver operated by you with the following signs, which they must display upon their private hire vehicle, namely:
a) 2 operator identification door signs (Item 3 on Appendix A).
b) 2 call sign stickers (Item 5 on Appendix A).
c)
A Fare Table that lists the rates and any extras, by which all charges are calculated.
44. You must not accept or record details of any booking passed to you by a driver.
PSV VEHICLES, DRIVERS & RECORDS
51.
If you operate vehicles having in excess of 8 passenger seats (PSV‘s) for undertaking private hire bookings then you must ensure that you have the appropriate Operators Licence issued by VOSA.
52.
You must ensure that your PSV vehicles display the discs issued by VOSA and your drivers have the appropriate licences to drive such vehicles.
53.
The records maintained in respect of these vehicles, drivers and private hire bookings must be readily available for production to an authorised officer for inspection at any time during the hours of operation.
COMPLAINTS
56. You must establish a complaints procedure and take all reasonable steps to fully investigate any complaints, ensuring a record is kept of the following information:
a) Name, contact details of complainant and date complaint received.
b) Date, time and details/nature of complaint.
c) Name of driver (and Badge number) or member of staff, to which the complaint relates.
d) Details of action taken.
GUIDANCE NOTES
If you have any difficulty in understanding the implications of any of the above conditions, please let the Licensing Office know immediately so that arrangements can be made to assist you in that respect.
Sale of Alcohol
Sale of alcohol is a licensable activity under the Licensing Act 2003. Sale of alcohol is prohibited on a moving vehicle. If a sale of alcohol is made as part of a booking arrangement that sale must be authorised in accordance with the Licensing Act 2003. For further advice and guidance please contact the Licensing Office on 0121 303 8222, or visit
www.culture.gov.uk
PRIVATE HIRE DRIVERS CONDITIONS OF LICENCE
The Private Hire Driver’s Licence is granted to you subject to you complying with the following conditions of licence. Failure to comply with any of the conditions could lead to a prosecution and/or your licence being suspended, revoked or not renewed by a Licensing Sub Committee.
7. If you decide to work for an operator different from that supplied at the time of your licence application, then before commencing work with the new operator, you must notify the Licensing Office, in writing, with details of your previous operator, new operator, new call sign and start date.
16. All fares charged must be calculated using your operators Fare Table.
26. Mobile phones must not be used, installed, fitted to or carried in any private hire vehicle for the purpose of inviting, or accepting bookings.
27. You must not, via any means, pass details of any booking or passenger you have agreed to carry to your operator.
28. You must not accept a return booking directly from a passenger.
29. You must not park in such a position or location to be in the vicinity of premises such as bars, restaurants, takeaways, public houses, clubs, hotels, casino’s, gaming and amusement arcades, which could give the appearance of being available for hire unless you have been allocated a booking by your operator.
30. You must:-
b) Not congregate with more than 2 other private hire drivers/vehicles in residential areas and cause a nuisance by your parking, noise or activities whilst waiting to be allocated a booking.
k) Not without the express consent of your passenger(s) play any radio or sound producing instrument or equipment in the vehicle other than for the purpose of sending or receiving messages in connection with the operation of the vehicle.
m) Not demand a fare in excess of any previously agreed for that hiring. If no fare has been previously agreed then you must not demand a fare in excess of that prescribed by your operators fare table displayed in the vehicle. If the vehicle is fitted with a meter and no fare has been previously agreed then you must not demand a fare in excess of that shown on the meter.
33. Should a meter be fitted to the private hire vehicle you use it must be tested, sealed and certified by an authorised officer before it can be used for calculating fares for passengers.
GUIDANCE NOTES
If you have any difficulty in understanding the implications of any of the above conditions, please let the Licensing Office know immediately so that arrangements can be made to assist you in that respect.
PRIVATE HIRE VEHICLES CONDITIONS OF LICENCE
The Private Hire Vehicle Licence is granted to you subject to you complying with the following conditions of licence. Failure to comply with any of the conditions could lead to a prosecution and/or your licence being suspended, revoked or not renewed by a Licensing Sub Committee.
23. Your private hire vehicle must
display the Fare Table issued by the private hire operator in a prominent position inside the vehicle so as to be clearly visible to any passenger.
27. Only tinted and anti-glare windows fitted by the vehicles manufacturer are acceptable.
28. Mobile phones are not allowed to be used, installed, fitted to or carried in any private hire vehicle for the purpose of inviting or accepting bookings for that vehicle.
30. Only a licensed private hire driver can drive a licensed private hire vehicle. If you propose to allow someone else to drive your vehicle at any time, before doing so you must obtain from the driver the following documents:
a) A copy of their current Birmingham City Council Private Hire Driver's Licence, and
b) A copy of their insurance documentation covering them to use the vehicle for the purpose of private hire.
You must ensure that the driver’s Private Hire Driver's Licence and insurance remain current for the duration of the period they have your vehicle.
30.
Only a licensed private hire driver can drive a licensed private hire vehicle. If you propose to allow someone else to drive your vehicle at any time, before doing so you must obtain from the driver the following documents:
a) A copy of their current Birmingham City Council Private Hire Driver's Licence, and
b) A copy of their insurance documentation covering them to use the vehicle for the purpose of private hire.
You must ensure that the driver’s Private Hire Driver's Licence and insurance remain current for the duration of the period they have your vehicle.
31. Should the details of the driver(s) allowed to use your private hire vehicle change at any time from the details supplied at the time of application or you allow any other driver(s) to drive your vehicle, then you must inform the Licensing Office in writing with their names, addresses and private hire driver’s badge numbers within 72 hours of it occurring.
39. Should a meter be fitted to your private hire vehicle, it must be first tested, sealed and certified by an authorised officer before it can be used for calculating fares for passengers.
GUIDANCE NOTES
If you have any difficulty in understanding the implications of any of the above conditions, please let the Licensing Office know immediately so that arrangements can be made to assist you in that respect.
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