Private hire vehicle operators licence application form



FULL DETAILS OF APPLICANT

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|Surname: | |Date of Birth: | |

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|Title: |Mr |

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| |Post Code: | |

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|Telephone No: | |Mobile Tel No: | |

|Email address: | |

FULL DETAILS OF JOINT APPLICANT

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|Surname: | |Date of Birth: | |

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|Title: |Mr |

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| |Post Code: | |

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|Telephone No: | |Mobile Tel No: | |

|Email address: | |

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|Badge Numbers of Applicants | |

|(if licensed) | |

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|Has any applicant had an application to any Local Authority for the grant |

|or renewal of a Private Hire Operator/Driver or Hackney Carriage Driver licence |

|refused, or had a licence revoked or suspended? Yes No |

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|(If YES, please give details) |

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|Name of Local Authority |Date |Type of Licence |Decision & Reason for Decision |

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REGISTERED COMPANY DETAILS

The following questions may not be applicable to ALL applicants but the first part of each question MUST be answered.

If you answer NO to Part 1 of this question please proceed to Part 2.

If you answer NO to Part 2 of this question please proceed to Page 4

|PART 1 |

|Is the application being made in respect of a registered company? Yes No |

|If Yes please proceed to answer the following; |

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|Has any director or secretary previously applied for any operator licence? Yes No |

|If Yes, please give details |

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|Has there been any revocation or suspension of any operator licence previously held? Yes No |

|If Yes, please give details |

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|Please provide details of any convictions recorded against the Director or Secretary of the company; |

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|Name of Company |Trade of Business |Date |Court |Offence |Sentence |

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|State below trade or business activities any such director or secretary has carried out in the past and now |

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|Name |Description of trade/business activities |Period Carried on |Position held |

| | |From To | |

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|PART 2 |

|Are you or have you ever been a Director or Secretary of a Company? Yes No |

|If Yes please proceed to answer the following; |

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|Has such company/companies previously applied for any operator licence? Yes No |

|If Yes, please give details |

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|Has there been any revocation or suspension of any operator licence previously held |

|by such company/companies? Yes No |

|If Yes, please give details |

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|Please provide details of any convictions recorded against the Company or Companies; |

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|Name of Company |Trade of Business |Date |Court |Offence |Sentence |

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BUSINESS PREMISES

The Operator shall not cause or permit the business premises to be used by any other person(s) for any purpose other than that connected with the conduct or operation of the Private Hire business.

|Name of Firm: | |

|(State exact wording to be used, this must appear on any | |

|vehicle stickers used) | |

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|Business Address: | |

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|Post Code: | |Telephone No. (s) | |

| | |(Land line only) | |

|Fax No: | |e-mail address: | |

|The Council does not authorise the use of mobile phones for operator bookings. Bookings must be recorded at the premises on the land line |

Planning Permission or a letter stating Planning Permission is not required for a particular business premises is to be submitted as part of the application. If planning permission is required then this must be obtained before a licence can be issued. If planning permission is not required a letter stating this must be provided from the planning department.

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|Please tick the applicable box; |

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|1. The business premises I wish to be licensed has Planning Permission in force |

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|2. The business premises I wish to be licensed does not require Planning Permission |

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|3. I have made an application to Planning and will submit the relevant details once received |

Identification Signs – details must be provided of the wording and colours to be used on identification signs. If you do not require any identification signs please write ‘NONE REQUIRED’ in the space provided for wording. Each vehicle operating through your company must apply for individual sign approval for their vehicle.

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|FRONT OR REAR SCREEN identification signs - please give details of wording /colours below: |

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|Wording: | |

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|Colour of Lettering: | |Colour of Background: | |

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|REAR PASSENGER DOORS OR MULTI SEATER VEHICLE REAR SIDE PANEL - please give details of wording / colours below: |

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|Wording: | |

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|Colour of Lettering: | |Colour of Background: | |

All convictions which are ‘unspent’ under the Rehabilitation of Offenders Act 1974 must be disclosed (this includes motoring offences). If you do not have any convictions please write ‘NONE’. (A copy of the Rehabilitation Period Table can be obtained from the Licensing Office (if required).

1st APPLICANT

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|Name | |D.O.B: | |

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|Date |Offence |Court |Sentence |

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|Are you aware of any ENQUIRIES OR INVESTIGATIONS of any kind or description (including motoring and/or Hackney Carriage/Private Hire) being made by the |

|Police or any Local Authority? |

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|POLICE |ANY LOCAL AUTHORITY |

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|Yes No |Yes No |

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|(If YES, please give full details) |(If YES, please give full details) |

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|Have you ever had any summons served on you for any offence(s) Yes No |

|which has NOT been heard at Court? |

|(If YES, please give details) |

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|Date of Hearing |Alleged Offence |

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2nd APPLICANT

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|Name: | |D.O.B: | |

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|Date |Offence |Court |Sentence |

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| | | | |

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|Are you aware of any ENQUIRIES OR INVESTIGATIONS of any kind or description (including motoring and/or Hackney Carriage/Private Hire) being made by the |

|Police or any Local Authority? |

| | |

|POLICE |ANY LOCAL AUTHORITY |

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|Yes No |Yes No |

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|(If YES, please give full details) |(If YES, please give full details) |

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|Have you ever had any summons served on you for any offence(s) Yes No |

|which has NOT been heard at Court? |

|(If YES, please give details) |

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|Date of Hearing |Alleged Offence |

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DECLARATION TO BE SIGNED BY APPLICANTS

[pic]

Private Hire Operator Licence Fees

|First Grant/Additional Premises | |

|5 Year |£1450 |

|1 Year (special circumstance) |£317 |

|Renewal/Additional Premises | |

|5 Year |£1345 |

|1 Year (special circumstance) |£296 |

Other Fees

|Paper Licence (lost/stolen/replacement) |£5 |

|Administration fee (when licence refused/withdrawn) |£70 |

Contents

Page

1. Application Process

2. Conditions (page 1)

3. Conditions (page 2)

4. Record of Bookings Example

5. Complaints / Fares Notice

6. Rehabilitation of Offenders Act 1974 Table

7. The Law

Application Process

An application for a Private Hire Operator Licence must be made to the Licensing Office. Applicants are advised that the following additional information must be provided with the application form;

1. A Basic Criminal Record Disclosure is required from the Disclosure and Barring Service (DBS) every 3 years if the applicant is NOT a licensed Wakefield Council Private Hire or Hackney Carriage driver. The certificate can be no more than 1 month old at the date of application.

Contact Details ; Tel: 03000 200 190

Web: .uk/dbs

2. Right to Work in the UK

The Immigration Act 2016 came into force on 1st December 2016. The Council is required to check all applicants’ proof of right to work on first application for a private hire operator licence or on application to renew your current private hire operator licence after 1st December 2016. Please see attached guidance for more information and a list of acceptable documents.

3. List of Driver and Vehicles operating through the company – this information must include;

Driver name and badge number

Vehicle registration number and plate number

4. Planning Permission or letter stating Planning Permission not required. If planning permission is required then this must be obtained before a licence can be issued. If planning permission is not required a letter stating this must be provided from the planning department.

Contact Details

Planning, Wakefield One, PO Box 700, Burton Street

Wakefield

WF1 2EB

Telephone No. 0345 8 506 506 e-mail: devcontrol@.uk

5. A Licensing Enforcement Officer will contact you to inspect the premises for which you have applied.

If you would like to contact a Licensing Enforcement Officer their contact telephone numbers are; (01924) 302933 / 302934 / 302909

CONDITIONS ATTACHED TO PRIVATE HIRE OPERATOR LICENCES

PURSUANT TO SECTION 55 OF THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - PART II

1. OPERATOR LICENCE

(a) The Operator licence is not transferable and the person to whom it is issued must display it in a prominent position at the business premises recorded on the licence at all times during the currency of the licence, so as to be on view to members of the public, except on such occasions as the licence is presented to the Licensing Authority for amendment or if it is required to be produced for inspection by an Authorised Officer of the Council or a Police Officer.

(b) A separate licence will be issued in respect of each approved secondary booking office, if any.

(c) Application must be made in writing in relation to any intended change of business premises and approval obtained before being so used.

(d) The Operator shall prior to any change in partnership, directorship, ownership, management or control of the business, notify the Council in writing of such change within 7 days.

(e) Any applicant not currently licensed by the Council as an Operator or driver shall submit to the Council a Basic Criminal Records Disclosure as to unspent convictions. Such Disclosure to be no more than 1 month old at the time of submission.

(f) The Operator must notify the Council in writing within 7 days of any other material change affecting the licence during its validity.

2. BUSINESS PREMISES

(a) The Operator shall only conduct business from the Office at the address specified on the Licence. Any Operator wishing to conduct business from any additional address(es) (ie secondary booking offices) must make application in writing to the Council’s Licensing Office, and await approval from the Licensing Office before making use of any additional premises, in addition to any other consents required. The Council reserves the right for an Authorised Officer to inspect all such premises for suitability and compliance with the requirements of these Conditions.

(b) The Operator shall not cause or permit the business premises to be used by any other person(s) for any other purpose than that connected with the conduct or operation of the private hire business. (An application which involves the use of facilities on premises licensed for the sale or supply of alcohol will not be deemed acceptable).

(c) The Operator shall not conduct his business, nor employ or utilise any person to conduct his business in any premises, the use of which have not been approved by the Council, nor in the doorway to any premises or in any street, road or other place in the ‘open air’ or in any vehicle or mobile structure.

(d) Every applicant for an Operator licence shall obtain all necessary planning consents and any other permissions necessary in relation to the intended business premises and shall produce such on demand to the Council’s Licensing Office or any Authorised Officer of the Council.

(e) The Operator shall provide at the business premises an area to which the public have access for the purpose of making a booking for the services of a licensed Private Hire Vehicle, and for the purpose of awaiting the arrival of such vehicle subsequent to any booking.

(f) The business premises shall be kept clean, be adequately lit, heated and ventilated and shall conform to any other relevant legal requirements including the requirement that no smoking be allowed on the premises under the requirements of the Health Act 2006.

3. RECORD OF BOOKINGS

(a) The Operator shall keep a true and proper record of every booking of a Private Hire Vehicle invited or accepted by him/her. The loss of records by theft or otherwise shall be reported to the Council in writing within 24 hours, and also immediately to the police in the event of theft being suspected. Separate records must be kept at each premise from which the Operator conducts business.

The records must be kept at all times at the business premises and not removed.

All such records shall be in English, indelible, legible, and preserved for a period of not less than 12 months following the date of the last entry.

Records shall be kept in one of the following forms :-

i a bound book with consecutively numbered pages (loose leaf registers are not acceptable) .or,

ii on continuous stationery which has been generated in the form of instantaneous print out by a computerised recording system. Any computerised system which does not produce a hard copy print-out on continuous stationery immediately each booking has been recorded is not acceptable. The Operator must ensure that adequate supplies of continuous stationery and ink cartridges are maintained and that the printer is appropriately replenished to ensure that at all times full and legible booking details are printed. or

iii a computerised recording system which automatically generates a permanent entry onto a recordable CD or DVD at the same time the booking is entered onto the system. Satisfactory certification from the program supplier/installer shall be produced to the Council before using any such system for the recording of bookings required by law to be maintained. Such certification shall confirm that the system automatically records entries directly onto a removable CD or DVD in addition to any Hard Drive; that the system is secure in that data stored or recorded is tamper-proof; and, once inputted cannot be altered, amended, deleted or added to in any way. Any change to the recording system shall only be by way of prior written agreement from the Council.

iv The removable CD/DVD shall be changed on the first day of every month and kept in a secure place at the premises for production on demand by the Police or an Authorised Officer.

(b) In respect of whichever system is used the Operator shall, at the time the booking is taken, enter therein:-

i the date and time the booking was received, any subsequent cancellation, and the signature (or in the case of a computer system, the identity) of the person taking the booking;

ii the name and address of the hirer;

iii the time of the journey, together with the journey date if different from the booking date; the address or name of the premises from which it is to commence (ie the point of pick up of the passenger(s)) and the address or place of destination;

iv the private hire plate number of the vehicle to be used for the journey (personal code systems are not acceptable);

v the badge number of the driver of the vehicle used;

vi remarks (including details of any sub-contracting to another licensed operator).

(A specimen layout sheet and explanatory notes are supplied with the licence).

(c) Entries in the bound book, or on the digital copy generated by a computerised system, shall cover a 24 hour period and shall contain information in relation to only one private hire firm and no details in connection with the bookings of other private hire firms. The Operator shall ensure that any booking clerk involved is competent in the recording of bookings and operating the system used.

(d) The records of bookings shall be maintained and kept up-to-date at all times and shall be made available for inspection at all reasonable times without notice by any duly Authorised Officer of the Council or any Police Officer. Such Officers shall be empowered to photograph and/or remove such records howsoever kept from the premises if so required.

(e) The Operator shall not fail or refuse to accept a booking by or on behalf of a disabled person accompanied by an ‘assistance dog’ when the reason for failure or refusal is that the disabled person will be accompanied by the ‘assistance dog’.

4. OTHER RECORDS TO BE KEPT

The Operator shall keep records of the particulars of all Private Hire Vehicles and drivers operated by him/her. Such records must include details of the owners, registration numbers and drivers of such vehicles, together with any radio communications equipment fitted.

5. VEHICLES

(a) The Operator shall not operate a Private Hire Vehicle without the vehicle being licensed by the Council. The Operator must personally examine vehicle licences and insurance certificates to satisfy himself/herself as to their validity.

(b) The Operator shall not accept any booking for a Private Hire Vehicle for the purpose of carrying a greater number of persons than the number of persons which such vehicle is licensed to carry as specified on the vehicle licence.

6. DRIVERS

(a) The Operator shall not operate a Private Hire Vehicle without the driver thereof being licensed by the Council. The Operator must personally examine drivers’ licences and satisfy himself/herself as to their validity.

(b) The Operator shall bring to the attention of all drivers their legal obligations regarding the use of seat belts by both adults and children under 14 years of age.

(c) The Operator shall bring to the attention of all drivers their legal obligation regarding no smoking in vehicles under the Health Act 2006.

7. COMMUNICATIONS EQUIPMENT

(a) Only equipment licensed by the Department of Trade and Industry (DTI) shall be used for the purpose of conducting the business authorised by this licence. The DTI licence must be produced on request to the police or an authorised officer. CB apparatus shall not be used in connection with any private hire booking at any operating address or in any Private Hire Vehicle available from such operating base.

(b) The use of mobile/portable/cell phones for private hire bookings is prohibited.

(c) The use of scanner equipment is prohibited.

8. ADVERTISING OF BUSINESS

(a) Any advertising of the Operator’s business, no matter in what form, shall include the Operator’s name and/or trade name as approved by the Council in accordance with the name entered on the Operator’s Licence issued by the Council.

(b) The Operator shall not trade under any name for private hire purposes unless such trade name has been approved by the Council and has accordingly been entered on the private hire Operator’s Licence issued by the Council.

9. INSURANCE

The Operator shall ensure that Public Liability Insurance is in force throughout the validity of the licence for each and every operating base open to the public to a minimum cover of £2M. Certification shall be produced on demand to the Licensing Office or any Authorised Officer.

10. OTHER NOTICES TO BE DISPLAYED

The Operator shall affix a properly printed notice in a prominent position inside the business premises, so as to be easily read by any person seeking to hire a Private Hire Vehicle, stating that any complaints regarding a hiring relating to his/her business should be addressed to:

The Licensing Office, Wakefield One, Wakefield Council, PO Box 700, Burton Street, Wakefield, WF1 2EB.

Such notice shall also state that the Council does not control the fares for Private Hire Vehicles and that, in the absence of any fare scale published by the Operator, the fare should be agreed before the journey commences. Any fare scale in operation must be on prominent public display and be an accurate reflection of the charge, including any specific additions ie Bank Holidays and after-midnight loading (including any waiting times) which the customer may be expected to pay.

11. CONVICTIONS

The Operator shall notify the Council in writing within 7 days, full details of any conviction (motoring or criminal);,any caution, warning or reprimand (issued by the Police or any other agency); their arrest for any offence (whether charged or not); the issue of any Magistrates’ Court summons against them; any fixed penalty for any matter.

12. CHANGE OF ADDRESS

The Operator shall notify the Council in writing within 7 days of any change of home address whether permanent or temporary.

13. LOST/FOUND PROPERTY

Where any property is left by a customer in the business premises, or in any vehicle used for any hiring and placed in the Operator’s safekeeping by the driver thereof, the Operator shall endeavour to arrange to return such property to its rightful owner, failing which it shall be dealt with in accordance with legal requirements and handed in as found property to the Police within 24 hours.

‘OUT OF TOWN’ HACKNEY CARRIAGES ACTING AS PRIVATE HIRE VEHICLES IN THE WAKEFIELD DISTRICT

14. TELEPHONE BOOKINGS

(a) Advanced bookings for hackney carriage vehicles licensed by another local authority must be maintained in a completely separate register of bookings. If a computerised booking system is in place those booking records must be kept in a completely separate and distinct area of the systems hard drive to enable easy inspection by the Council. The entries must clearly state the licensing authority as well the plate and/badge number allocated by that Council.

(b) A separate telephone line and telephone number must be installed and used for bookings for hackney carriage vehicles licensed by another Authority. The following message must be contained as a pre-recorded intercept “The driver and the vehicle you are about to book are not licensed by Wakefield Council and the Council is not empowered to take licensing action against them in the event of a complaint.” The caller must then be reminded of the main telephone number and the message must end with ‘where a driver and vehicle licensed and approved by Wakefield Council can be booked’.

15. DRIVER RECORDS

(a) The Operator shall notify Wakefield Council’s Licensing Office within 72 hours of every hackney carriage driver licensed by another authority that they employ or use for private hire purposes.

(b) Where an Operator ceases to employ or use a hackney carriage driver licensed by another authority the Operator shall notify Wakefield Council’s Licensing Office within 72 hours.

(c) The Operator shall retain a copy of the hackney carriage driver licence granted by another local authority, along with the drivers’ DVLA licence and forward a copy of these documents to Wakefield Council’s Licensing Office within 72 hours of commencing to employ or use that driver for private hire purposes.

16. VEHICLE RECORDS

(a) The Operator shall notify Wakefield Council’s Licensing Office within 72 hours of every hackney carriage vehicle licensed by another authority that they employ or use for private hire bookings.

(b) Where an Operator ceases to employ or use a hackney carriage vehicle licensed by another authority they shall notify Wakefield Council’s Licensing Office within 72 hours.

(c) The Operator shall retain a copy of the hackney carriage vehicle licence granted by another local authority, together with the MOT Certificate, certificate of insurance and vehicle registration document and forward a copy of these documents to Wakefield Council’s Licensing Office within 72 hours of commencing to employ or use that vehicle for private hire purposes.

17. NOTICE TO BE DISPLAYED

Operators that use or employ hackney carriages for private hire bookings must display the following notice in the premises where it can be easily read by those making a booking.

‘Wakefield Council needs to inform you that this operator employs or uses hackney carriage vehicles licensed by another authority for private hire bookings. If you are allocated one of these you should be warned that Wakefield Council is not able take action against them if there is a complaint. You may wish to insist on a vehicle licensed and approved by Wakefield Council.’

The notice should be A2 in size, with black letters in bold arial typeface point 36, and the notice should be laminated to prevent defacement.

18. SAFEGUARDING TRAINING

The licence holder must complete a safeguarding training course provided by the Council before their licence will be renewed. In the case of the first grant of a licence then the course must be completed within three months of issuing the licence.

NOTES

In these Conditions “Operator” means the person who is the current holder of an Operator’s Licence

“business premises” means the operating premises from which the Operator conducts the business

i. These conditions should be read in conjunction with the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976.

ii. Any person who commits an offence against any of the provisions of the Act shall pursuant to Section 76 be liable on summary conviction to a fine not exceeding Level 3 on the standard scale.

iii. Part II of the Act does not apply to a vehicle used only for carrying passengers for hire or reward under an exclusive contract for the hire of the vehicle for a period of not less than 7 days and for no other purpose. Other exemptions also apply (see Section 75 of the Act).

iv. The use of a licensed Private Hire Vehicle to fulfil any private hire booking requires the driver to hold a currently valid private hire driver’s licence even if no fare is charged for the journey or irrespective of when, how and to whom any fare is payable. Operators are reminded that the use of free fare cars/courtesy cars which are not licensed as Private Hire Vehicles is not permitted for private hire journeys. Every contract for the hire of a licensed Private Hire Vehicle is deemed to be made with the Operator who accepted the booking for the vehicle whether or not the Operator provided the vehicle.

v. Any failure on the part of the operator to make appropriate enquiries as to the licensing status of drivers and/or vehicles for any purpose could be construed as reasonable cause to suspend or revoke the licence. The onus remains with the Operator to clarify any legal requirements which he or she may be required by law to observe.

vi. ANY INFRINGEMENT OF THE LICENSING CONDITIONS COULD LEAD TO SUSPENSION OR REVOCATION OF THE LICENCE.

vii. ANY REQUEST FOR ADVICE FROM THE COUNCIL IN RELATION TO LICENSING LEGISLATION SHOULD BE IN WRITING TO WHICH A WRITTEN RESPONSE WILL BE GIVEN SO AS TO AVOID ANY FUTURE DISPUTE AS TO THE ADVICE GIVEN. THIS DOES NOT PRECLUDE YOU FROM OBTAINING YOUR OWN INDEPENDENT LEGAL ADVICE.

viii. ANY PERSON AGGRIEVED BY ANY CONDITION SPECIFIED IN THE LICENCE MAY APPEAL TO A MAGISTRATES’ COURT WITHIN 21 DAYS

PRIVATE HIRE OPERATOR’S RECORD OF BOOKINGS

TO BE COMPLETED BEFORE THE COMMENCEMENT OF EACH JOURNEY

|* Date Booking Received |

|1. |A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and |

| |Colonies having the right of abode in the UK. |

|2. |A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a |

| |European Economic Area country or Switzerland. |

|3. |A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area |

| |country or Switzerland. |

|4. |A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland. |

|5. |A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named |

| |is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK. |

|6. |A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the |

| |right of abode in the UK, or has no time limit on their stay in the UK. |

|7. |A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed |

| |to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent |

| |National Insurance number and their name issued by a Government agency or a previous employer. |

|8. |A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, |

| |together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a |

| |previous employer. |

|9. |A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the |

| |person’s permanent National Insurance number and their name issued by a Government agency or a previous employer. |

|10. |A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National|

| |Insurance number and their name issued by a Government agency or a previous employer. |

If you produce a document from List B this means there are immigration restrictions on your right to work in the UK. A licence may be issued (subject to statutory limitations) up to the expiry date of your permission to work in the UK. The Council will check your immigration status each time you apply to renew your licence.

|List B |

|1. |A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question. |

|2. |A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named |

| |person can currently stay in the UK and is allowed to do the work in question. |

|3. |A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European |

| |Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of|

| |residence. |

|4. |A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that |

| |the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s |

| |permanent National Insurance number and their name issued by a Government agency or a previous employer. |

|5. |A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) |

| |Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to |

| |take employment which is less than 6 months old together with a Verification from the Home Office Evidence and Enquiry Unit. The licence may be|

| |granted for six months from the date of the Certificate of Application. |

|6. |A Verification issued by the Home Office Evidence and Enquiry Unit to you, which indicates that the named person may stay in the UK because |

| |they have an in time application, appeal or administrative review and which is outstanding. The licence may be issued for six months from the |

| |date of the licence decision. |

Transparency Notice

Hackney Carriage and Private Hire applications

Here at Wakefield Council, we take your privacy seriously and will only use your personal information for the purpose(s) listed in section 2 below. This notice provides details of how the Council collects and uses information (data) about you.

We will keep your information (data) secure at all times.

1. Who we are.

a) The Controller for the information we hold is Wakefield Council. Contact details:

Telephone: 01924 306112

Email: dataprotection@.uk

b) If you have any queries regarding your information that we are using for the purpose outlined in section 2, please contact the Controller’s representative. Contact details:

Licensing Office

Telephone: 01924 302932

Email: licensingoffice@.uk

c) The Council’s Data Protection Officer is the City Solicitor: Contact details:

Telephone: 01924 305211

Email: dpo@.uk

2. How we use your data:

The Licensing Office may need to collect the following information about you. The Licensing Officer has obtained your personal data from you to provide their service:

Name, address, date of birth, contact telephone number, email address, DBS information, Right to Work in the UK evidence, medical information, national insurance number, any offence and conviction details.

We use this information to process your application for a licence.

Should you decide not to provide any of the information we request from you we will not be able to process your application and a licence will not be granted or renewed.

3. What authority does the Council have to collect and use this information?

The information is processed under the Miscellaneous Provisions Act 1976.

4. How long will we keep your data?

We will keep your personal information collected for the purpose(s) detailed in section 2 for a period of 6 years after which time it will be deleted from our systems. Retention is 99 years for anyone who has had their licence revoked, refused or suspended. The reason for keeping information for this period of time is due to financial regulations.

Your rights and your personal data

Under the GDPR you have the following rights:

Right of Access

You have a right of access to the personal information that the Council holds about you, and/or the right to be given a copy of the data undergoing processing.

Right to Rectification

You have the right to request that the Council corrects any personal data if it is found to be inaccurate, incomplete or out of date.

Right to Erasure

In certain circumstances, you may have the right to request your personal data is erased.

Right to Restriction of Processing

You have the right, where there is a dispute in relation to accuracy or lawfulness of processing of your personal data, to request that a restriction is placed on further processing.

Right to Portability

You have the right to request the Council provide you with your personal data and where possible, to transmit that data directly to another data controller. However, this only applies to data that you have provided to us and not to all the information that the Council holds about you.

Right to Object to Processing

In certain circumstances, you may have a right to object to the processing of your personal data.

Automated Decision Making

Part of our process includes automated decision making. You have a right to not be subject to a decision based solely on automated processing.

Right of Complaint

You have a right to lodge a complaint with the Information Commissioner, please find contact details below.

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

To exercise any of your rights, you should contact the Data Controller’s representative as shown in section 1b.

6. Transfer of data outside the EU

Not applicable.

7. Automated decision making

Not applicable.

8. Further processing

If we wish to use your personal data for a new purpose, not covered by this Transparency Notice, then we will provide you with a new Transparency Notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

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Licensing Office

Wakefield One

Wakefield Council

PO Box 700

Burton Street

Wakefield

WF1 2EB

Telephone: 01924 302932

Fax: 01924 302928

Email: licensingoffice@.uk

CHECKED BY FEE TO PAY

DATE STAMP

HOW TO APPLY FOR THE GRANT OF A:-

PRIVATE HIRE OPERATOR LICENCE

Local Government (Miscellaneous Provisions) Act 1976

Documents to be submitted to make application;

1. Application Form

2. Fee (see fees list)

3. List of Drivers and Vehicles operating through the company (including name and badge number and registration number and plate number)

4. Planning Permission

5. Right to Work in the UK (see guidance notes)

6. Basic Criminal Record Disclosure from the Disclosure Scotland (see guidance notes)

7. Please read the following enclosed documents when completing your application;

Guidance Notes Private Hire Operator Licence

Conviction Policy

1

1. Staff are not allowed to complete or amend forms on behalf of applicants for legal reasons.

2. Please complete the form in BLACK INK and in BLOCK CAPITALS.

3. Applicants are warned against knowingly making any false or reckless statements for the purposes of obtaining a licence. The current maximum fine on conviction is £1,000.

APPLICATION FOR GRANT OF PRIVATE HIRE OPERATOR LICENCE

I DECLARE that the answers to ALL questions and all other particulars provided in connection with this application are accurate and no relevant information has been omitted either knowingly or through lack of care.

I have read and understand the guidance enclosed in the application pack.

Applicants Signature: _________________________________ Date: _____________

Applicants Signature : _________________________________ Date : _____________

To be signed by the applicants and all partners/directors. If more than 3 partners/directors additional copies of this part of the form may be requested.

These names will NOT appear on the licence, but will be kept on the Councils records

Signature: _________________________________ Date: _____________

Signature: _________________________________ Date: _____________

Signature: _________________________________ Date: _____________

IMPORTANT

It is an offence to operate a Private Hire Vehicle(s) unless and until a licence or any renewal thereof is issued to you. Merely submitting an application form for the grant or renewal of a licence does not entitle you to start work or, if a renewal, entitle you to continue beyond the expiry date of the licence. You must wait until the actual official licence, issued under the hand of the duly authorised Officer of the Council, is in your possession, otherwise you are liable to prosecution.

GUIDANCE NOTES

PRIVATE HIRE OPERATOR LICENCE

Local Government (Miscellaneous Provisions) Act 1976

O

JUL2007

AV

Approved at Cabinet Committee on 26th February 2002.

Amended by Licensing & Registration Committee on 5th January 2004.

Amended by Regulatory & Appeals Sub Committee on 29 June 2011

Amended by Licensing Committee on 27 January 2015

Amended by Licensing Committee on 25 May 2016

Sentence Period

Imprisonment, youth custody or corrective training exceeding 6 months but 10 years

not exceeding 30 months.

Imprisonment or youth custody not exceeding 6 months. 7 years

Fine or any other sentence not in Table B, e.g. Community Service Order 5 years

NOTE: THESE PERIODS ARE SUBJECT TO REDUCTION BY HALF FOR PERSONS UNDER 17

Sentence Period

Borstal training 7 years

Detention exceeding 6 months but not exceeding 30 months 5 years

Detention not exceeding 6 months 3 years

Detention Centre Order 3 years

Sentence Period

Absolute discharge 6 months

Conditional discharge, binding over, probation, committal to care 1 year from the date of conviction OR

of fit person, Supervision Order, Care Order the date on which the order or requirement ceases - which ever is the longer

Remand Home Order )

Approved School Order ) 1 year after Order ceases to have effect

Attendance Centre Order )

Driving disqualification and/or endorsements when no fine The date on which the disqualification

was imposed etc. ceases to have effect

Driving conviction whether or not involving disqualification and 5 years

when fine imposed. (This category includes fixed penalties)

Hospital Order under the Mental Health Act The period of the Order and a further 2

years after it expires

Cashiering, discharge with ignominy or dismissal with disgrace 10 years

from the Armed Forces

Dismissal from Armed Forces 7 years

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