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 Post subject: Booking Office Licences
PostPosted: Thu Aug 06, 2009 2:44 am 
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Does anyone know if Taxi/Private Hire Car Booking Offices will have to have separate phone numbers if they have Taxi/Private Hire Cars working from same office when they are licensed. I do not think this is the case but would appreciate if someone could clear up a disagreement :?:


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PostPosted: Thu Aug 06, 2009 12:41 pm 
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I have been informed that under the new Legislation, no Private Hire Vehicle can operate out of a Hackney office, and vice versa.


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PostPosted: Thu Aug 06, 2009 1:40 pm 
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I have tried to find it in writing but had no joy. Can anyone help


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PostPosted: Thu Aug 06, 2009 2:29 pm 
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stationtone wrote:
I have tried to find it in writing but had no joy. Can anyone help


Civic Government (Scotland) Act 1982 (Licensing of Booking
Offices) Order 2009
Taxi/Private Hire Car Booking Office Licences
Conditions
General Local Conditions
1. The Licence permits the use of the premises specified therein as a place for the carrying on of a business, which consists to any extent of the taking of bookings, by any means of communication, from members of the public for the hire of a relevant vehicle as defined in the Licence. The Licence must be exhibited in the Premises in such a place and in such a manner as to be easily read by the public. Any conditions pertaining to the Licence must be available for inspection on the premises by the Licensing Authority at all times.
2. The Licence holders or, in the absence of the Licence holders, a person
authorised by them must be in charge of the premises at all times and must not be engaged in duties which might prevent the exercising of general supervision of the premises.
3. The Licence holders shall be liable for any act or omission of their employees, agents or lessees in the contravention of, or non-compliance with, any of these Conditions.
4. The Licence holders shall ensure that the Premises are covered by an
adequate policy of Third Party Liability Insurance with a reputable insurance company and shall exhibit to the Council, on demand, evidence that the
premiums in respect of such policy have been timeously paid.
5. The Licence holders must surrender the Licence if and when called upon to do so by the Licensing Authority for the purpose of alteration in accordance with any decision of the Licensing Authority.
6. The Licence holders shall notify the Licensing Authority in writing within 30 days of any change in the information provided in the original licence
application. Mandatory Conditions
7. The Licence holders must keep a record of every booking for the hire of a relevant vehicle taken at the relevant premises.
8. The Licence holders must keep a record of:-
(i) the registration number of the vehicle which was hired as a result of a
booking taken at the relevant premises; and
(ii) the name of its driver at the time of that hire.
9. The Licence holders shall take all reasonable steps to ensure that any
booking taken at the relevant premises from a member of the public for the hire of a relevant vehicle results in the hire of a vehicle which is:-
(i) a relevant vehicle; and
(ii) being driven by a person who holds a taxi driver’s licence or a private hire car driver’s licence granted under Section 13 of the Act, and that
licence is in effect. Local Conditions
10. (i) The Licence holders shall keep on the premises a paper copy of the taxi licence or private hire car licence for each relevant vehicle fulfilling a booking taken at the relevant premises.
(ii) The Licence holders shall keep on the premises a paper copy of the
taxi driver’s licence or the private hire car driver’s licence for each driver of a relevant vehicle fulfilling a booking taken at the relevant premises.
(iii) The Licence holders shall keep on the premises a paper copy of the
certificate of insurance for a relevant vehicle fulfilling a booking taken at
the relevant premises.
(iv) The Licence holders shall notify the Licensing Authority in writing,
within 14 days of the grant or renewal of the licence, of the following
information:-
(a) the names and addresses of taxi driver’s licence holders who fulfil bookings taken at the relevant premises;
(b) the names and addresses of private hire car driver’s licence holders who fulfil bookings taken at the relevant premises; and
(c) the registration number of relevant vehicles which fulfil bookings taken at the relevant premises.
(v) The Licence holders shall notify the Licensing Authority of any change
to the information provided under (iv) above as soon as is reasonably
practicable after it has taken place.
11. The Licence holders shall ensure that the relevant premises are not used for any illegal or otherwise unlawful purpose.
12. The Licence holders shall ensure that the areas of the relevant premises to which the public have access are kept in a clean and tidy condition.
13. The Licence holders shall ensure that every booking for a taxi or private hire vehicle that has been accepted is fulfilled at the time and location specified, unless prevented by sufficient cause.
14. The Licence holders shall keep a record of the reasons why any bookings accepted were not fulfilled at the time and location specified.
15. The Licence holders shall produce a policy or procedure for dealing with complaints from members of the public and from persons whose bookings have not been accepted or fulfilled. The Licence holders shall ensure that all staff are aware of this policy or procedure.
16. The Licence holders shall keep a record of all complaints made and how they were dealt with.
17. The Licence holders shall not ask the driver of a taxi or private hire vehicle to do anything which would result in him/her committing a breach of the conditions attached to their licence.
18. Advertisements regarding alcoholic liquor and tobacco products, sexual services, any service considered to be illegal or immoral and anything considered to be political or religious will not be permitted on the relevant premises.
19. The records detailed in Conditions 7, 8, 14 and 16 above may be kept
electronically, but the Licence holders shall ensure that there is a printed
version kept within the premises at all times.
20. The Licence holders shall keep all records for a period of 3 years, which records must be made available to the Licensing Authority, an authorised officer and/or to the Police on demand.
21. Definitions
“the Act” means the Civic Government (Scotland) Act 1982;
“the Licensing Authority” means a Council constituted under Section 2 of the Local Government etc. (Scotland) Act 1994 and for the purpose of these
conditions means Renfrewshire Council and any employee, officer or agent authorised to act for and on its behalf;
“the Police” means Strathclyde Police and any employee, officer or agent
authorised to act for and on its behalf;
“Licence holders” means the person, persons, company, firm, public body or voluntary organisation named in the Licence;
“relevant premises” means the premises specified in the Licence;
“relevant vehicle” means a vehicle in respect of which a taxi licence or a private hire car licence has been granted in terms of Section 10 of the Act and that licence is in effect.


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 Post subject:
PostPosted: Thu Aug 06, 2009 6:10 pm 
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Highlander wrote:
I have been informed that under the new Legislation, no Private Hire Vehicle can operate out of a Hackney office, and vice versa.
I know for a fact it is possible in England but not sure on the Scotland regs.


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PostPosted: Thu Aug 06, 2009 7:01 pm 
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stationtone wrote:
Does anyone know if Taxi/Private Hire Car Booking Offices will have to have separate phone numbers if they have Taxi/Private Hire Cars working from same office when they are licensed. I do not think this is the case but would appreciate if someone could clear up a disagreement :?:

If we all agree that taxis wont and don't need a booking license, then I doubt a joint taxi/PH booking firm will need two separate numbers/dispatch systems.

If a mass murderer can take bookings for a taxi, if we agree no booking licenses are required for taxis, then it would be a bit harsh banning licensed PH booking firms from doing likewise.

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PostPosted: Fri Aug 07, 2009 7:35 pm 
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Sussex wrote:
stationtone wrote:
Does anyone know if Taxi/Private Hire Car Booking Offices will have to have separate phone numbers if they have Taxi/Private Hire Cars working from same office when they are licensed. I do not think this is the case but would appreciate if someone could clear up a disagreement :?:

If we all agree that taxis wont and don't need a booking license, then I doubt a joint taxi/PH booking firm will need two separate numbers/dispatch systems.

If a mass murderer can take bookings for a taxi, if we agree no booking licenses are required for taxis, then it would be a bit harsh banning licensed PH booking firms from doing likewise.


I think you will find that anyone taking bookings for 3 or more licenced vehicles in Scotland will need a licence from November. No distinction has been drawn between Taxis and PH so I don't see how a separate licence would be needed to run PH and Taxis from the same base.
Single or 2 vehicle operations are not covered by the new rules and do not need a licence to take bookings (other than the operators licences they currently hold)

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PostPosted: Sat Aug 08, 2009 2:35 pm 
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gusmac wrote:
Sussex wrote:
stationtone wrote:
Does anyone know if Taxi/Private Hire Car Booking Offices will have to have separate phone numbers if they have Taxi/Private Hire Cars working from same office when they are licensed. I do not think this is the case but would appreciate if someone could clear up a disagreement :?:

If we all agree that taxis wont and don't need a booking license, then I doubt a joint taxi/PH booking firm will need two separate numbers/dispatch systems.

If a mass murderer can take bookings for a taxi, if we agree no booking licenses are required for taxis, then it would be a bit harsh banning licensed PH booking firms from doing likewise.


I think you will find that anyone taking bookings for 3 or more licenced vehicles in Scotland will need a licence from November. No distinction has been drawn between Taxis and PH so I don't see how a separate licence would be needed to run PH and Taxis from the same base.
Single or 2 vehicle operations are not covered by the new rules and do not need a licence to take bookings (other than the operators licences they currently hold)


It isnt 3 or more....its more than 3 vehicles which is 4 or more.


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 Post subject:
PostPosted: Sat Aug 08, 2009 4:11 pm 
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Highlander wrote:
I have been informed that under the new Legislation, no Private Hire Vehicle can operate out of a Hackney office, and vice versa.


what if a hackney office/circuit has its own PH 8 seater minibus?....

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 Post subject:
PostPosted: Mon Aug 10, 2009 2:52 am 
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Highlander wrote:
I have been informed that under the new Legislation, no Private Hire Vehicle can operate out of a Hackney office, and vice versa.


There was a highlander from Dundee
Who's cab had an advert for pee
...................................
...................................

Can anyone finish the limerick :?:


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 Post subject:
PostPosted: Tue Aug 11, 2009 4:04 pm 
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The 1976 Act introduced a scheme for the licensing of vehicles (and their drivers and operators) that were pre-hired, which it refers to as private hire. Section 46(1)(a) expressly exempted hackney carriages from the requirement to be licensed to undertake private hire; and section 67 expressly provides the rate of fares that hackney carriages may charge under a contract of private hire.

The 1976 Act was ambiguous as to whether a private hire operator’s licence was required before a hackney carriage could lawfully undertake private hire, but that issue was finally resolved in October 2004 when, in the case of Brentwood District Council v Gladen, the High Court ruled that a private hire operator’s licence is not required for pre booked hackney carriages.
Accordingly, it is clear that a hackney carriage can be booked for a journey that does not commence, end or pass through the district in which the vehicle and driver are licensed. Such a booking can be arranged by a person who does not require any form of licence.


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 Post subject:
PostPosted: Tue Aug 11, 2009 5:24 pm 
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Smoked Glass wrote:
The 1976 Act introduced a scheme for the licensing of vehicles (and their drivers and operators) that were pre-hired, which it refers to as private hire. Section 46(1)(a) expressly exempted hackney carriages from the requirement to be licensed to undertake private hire; and section 67 expressly provides the rate of fares that hackney carriages may charge under a contract of private hire.

The 1976 Act was ambiguous as to whether a private hire operator’s licence was required before a hackney carriage could lawfully undertake private hire, but that issue was finally resolved in October 2004 when, in the case of Brentwood District Council v Gladen, the High Court ruled that a private hire operator’s licence is not required for pre booked hackney carriages.
Accordingly, it is clear that a hackney carriage can be booked for a journey that does not commence, end or pass through the district in which the vehicle and driver are licensed. Such a booking can be arranged by a person who does not require any form of licence.


What you have said is ofcourse true, but only applies to England & Wales, Scotland has its own legislation covering taxis & private hire, The Civic Government (Scotland) Act 1982

http://taxi-driver.co.uk/files/1982act.pdf


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 Post subject:
PostPosted: Fri Aug 14, 2009 1:09 pm 
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Paisley Buddie wrote:
Smoked Glass wrote:
The 1976 Act introduced a scheme for the licensing of vehicles (and their drivers and operators) that were pre-hired, which it refers to as private hire. Section 46(1)(a) expressly exempted hackney carriages from the requirement to be licensed to undertake private hire; and section 67 expressly provides the rate of fares that hackney carriages may charge under a contract of private hire.

The 1976 Act was ambiguous as to whether a private hire operator’s licence was required before a hackney carriage could lawfully undertake private hire, but that issue was finally resolved in October 2004 when, in the case of Brentwood District Council v Gladen, the High Court ruled that a private hire operator’s licence is not required for pre booked hackney carriages.
Accordingly, it is clear that a hackney carriage can be booked for a journey that does not commence, end or pass through the district in which the vehicle and driver are licensed. Such a booking can be arranged by a person who does not require any form of licence.


What you have said is ofcourse true, but only applies to England & Wales, Scotland has its own legislation covering taxis & private hire, The Civic Government (Scotland) Act 1982

http://taxi-driver.co.uk/files/1982act.pdf
Yes my apologies. Do you have any similar legislation that covers this HC/PH interbooking situation?


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 Post subject:
PostPosted: Fri Aug 14, 2009 8:55 pm 
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Smoked Glass wrote:
Paisley Buddie wrote:
Smoked Glass wrote:
The 1976 Act introduced a scheme for the licensing of vehicles (and their drivers and operators) that were pre-hired, which it refers to as private hire. Section 46(1)(a) expressly exempted hackney carriages from the requirement to be licensed to undertake private hire; and section 67 expressly provides the rate of fares that hackney carriages may charge under a contract of private hire.

The 1976 Act was ambiguous as to whether a private hire operator’s licence was required before a hackney carriage could lawfully undertake private hire, but that issue was finally resolved in October 2004 when, in the case of Brentwood District Council v Gladen, the High Court ruled that a private hire operator’s licence is not required for pre booked hackney carriages.
Accordingly, it is clear that a hackney carriage can be booked for a journey that does not commence, end or pass through the district in which the vehicle and driver are licensed. Such a booking can be arranged by a person who does not require any form of licence.


What you have said is ofcourse true, but only applies to England & Wales, Scotland has its own legislation covering taxis & private hire, The Civic Government (Scotland) Act 1982

http://taxi-driver.co.uk/files/1982act.pdf
Yes my apologies. Do you have any similar legislation that covers this HC/PH interbooking situation?


No licence has been required to take bookings here - until now.
The new licence is only required for someone taking bookings for 4 or more vehicles. Small operations with 3 or less vehicles are exempt.
It doesn't matter if the vehicles are taxi, PHV or a mixture of both.
Cross border issues are dealt with in the 1982 act and address where a licenced vehicle is when it accepts an out of area hire.

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 Post subject:
PostPosted: Sun Aug 16, 2009 12:19 am 
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From were I sit that sounds like a bit of common sense legislation for the small operator/one-man band. Would I be right? It makes the English/Welsh regs look old hat.


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