Out of District Hackneys

brodiedoe · **Joined:** Tue Nov 08, 2011 5:34 pm **Posts:** 35

Hi all, I know this has probably been asked before but I know laws are changing/have changed and need some guidance. At present we are finding it hard to get new hackney carriage drivers in our district. We have toyed with the idea of getting a private hire ops licence and go down the private hire route. If we do this, can I then hire Hackney Carriage drivers licensed in other districts to cover my private hire jobs in my district using their hackney vehicles or must the drivers/Vehicles still need to be licensed in my district.

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

As far as I am aware, if you are in England or Wales a Hackney can sub a job to another Hackney from another district. You don't need an operators license to run a Hackney.

heathcote · **Joined:** Mon Jan 18, 2016 7:56 pm **Posts:** 2553

grandad wrote:

As far as I am aware, if you are in England or Wales a Hackney can sub a job to another Hackney from another district. You don't need an operators license to run a Hackney.

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

heathcote wrote:

grandad wrote:

As far as I am aware, if you are in England or Wales a Hackney can sub a job to another Hackney from another district. You don't need an operators license to run a Hackney.

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

So you keep saying. Do you also think the moon is made of cheese?

heathcote · **Joined:** Mon Jan 18, 2016 7:56 pm **Posts:** 2553

grandad wrote:

heathcote wrote:

grandad wrote:

As far as I am aware, if you are in England or Wales a Hackney can sub a job to another Hackney from another district. You don't need an operators license to run a Hackney.

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

So you keep saying. Do you also think the moon is made of cheese?

Pointing out that your reply is not correct.

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

heathcote wrote:

grandad wrote:

heathcote wrote:

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

So you keep saying. Do you also think the moon is made of cheese?

Pointing out that your reply is not correct.

yet it carry's on in every district in the Country.

x-ray · **Joined:** Tue Oct 18, 2011 7:36 pm **Posts:** 1477

brodiedoe wrote:

Hi all, I know this has probably been asked before but I know laws are changing/have changed and need some guidance. At present we are finding it hard to get new hackney carriage drivers in our district. We have toyed with the idea of getting a private hire ops licence and go down the private hire route. If we do this, can I then hire Hackney Carriage drivers licensed in other districts to cover my private hire jobs in my district using their hackney vehicles or must the drivers/Vehicles still need to be licensed in my district.

If you go down the route of a PH op's licence, why not hire/employ PH drivers from your own area ???

Sussex · **Posted:** Sat Jun 10, 2017 7:18 pm

heathcote wrote:

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

That maybe your reading of the law, but it's not mine.

And if it was the case do you not think it might have been mentioned to the judge in the Newcastle v Berwick case?

viewtopic.php?f=13&t=9873

Sussex · **Posted:** Sat Jun 10, 2017 7:24 pm

brodiedoe wrote:

Hi all, I know this has probably been asked before but I know laws are changing/have changed and need some guidance. At present we are finding it hard to get new hackney carriage drivers in our district. We have toyed with the idea of getting a private hire ops licence and go down the private hire route. If we do this, can I then hire Hackney Carriage drivers licensed in other districts to cover my private hire jobs in my district using their hackney vehicles or must the drivers/Vehicles still need to be licensed in my district.

If you are a hackney firm, and are only giving work to hackneys from your area or other areas, you don't need an operator's license.

The case you need to forward to your licensing officer is Brentwood v Gladen. In short hackneys aren't governed by any section of any act in relation to bookings.

viewtopic.php?f=13&t=4629

Clearly your LO isn't one of the 28,000 plus people to have clicked on that link. :wink:

heathcote · **Joined:** Mon Jan 18, 2016 7:56 pm **Posts:** 2553

Sussex wrote:

heathcote wrote:

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

That maybe your reading of the law, but it's not mine.

And if it was the case do you not think it might have been mentioned to the judge in the Newcastle v Berwick case?

http://www.taxi-driver.co.uk/phpBB2/vie ... =13&t=9873

It is the Judges decision in the Comcabs case,so are you saying he is wrong.

brodiedoe · **Joined:** Tue Nov 08, 2011 5:34 pm **Posts:** 35

Thanks for the help and Guidance. If we went and got an ops licence then I would employ local private Hire as well as out of district Hackneys but as our LO is on long term sick and we only have admin staff available Iwanted some guidance as need drivers asap.

heathcote · **Joined:** Mon Jan 18, 2016 7:56 pm **Posts:** 2553

brodiedoe wrote:

Thanks for the help and Guidance. If we went and got an ops licence then I would employ local private Hire as well as out of district Hackneys but as our LO is on long term sick and we only have admin staff available Iwanted some guidance as need drivers asap.

If you require a Private Hire Operators license fill out and hand in application to L/A,they have to have someone in position to make the decision on granting or refusing a license.Raise this matter with your local Councillor who should be helpful in obtaining the license if you fulfil all the requirements to be a Private Hire Operator.

wannabeeahack · **Posted:** Sun Jun 11, 2017 4:47 pm

If the "visiting" hackney is licensed by an area with a "useage" clause in thier regs and they work "mainly" out of thier LA then report them

Sussex · **Posted:** Sun Jun 11, 2017 7:34 pm

heathcote wrote:

Sussex wrote:

heathcote wrote:

Case Law states that you should be in your own licensing district to accept the booking Comcabs case.It is also the view of the DFT.

That maybe your reading of the law, but it's not mine.

And if it was the case do you not think it might have been mentioned to the judge in the Newcastle v Berwick case?

viewtopic.php?f=13&t=9873

It is the Judges decision in the Comcabs case,so are you saying he is wrong.

It was a different act, and different circumstances.

It has also been bypassed in subsequent judgments.

The Gladen one is the one being relied on by those looking at the situation in the provinces in 2017.

wannabeeahack · **Posted:** Sun Jun 11, 2017 9:16 pm

Sussex wrote:

It was a different act, and different circumstances.

It has also been bypassed in subsequent judgments.

The Gladen one is the one being relied on by those looking at the situation in the provinces in 2017.

Its also borrox to suggest we switch off phones/PDA's at the LA borders to avoid breaking the law

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