Taxi Licensing in Wychavon
Applying for a Licence
| Licence summary |
If you want to offer transport services to fare paying public
using vehicles with eight or fewer passenger seats, you must first
be obtain the relevant licences. Wychavon District Council is
a controlled district and we are able to licence both
Hackney
Carriages and Private Hire vehicles. Introduction of the
new Worcestershire Regulatory Services team does NOT mean that
hackney carriages can ply for hire across Worcestershire. The
six original "controlled districts" continue to apply.
Private Hire - detail of current
application fees and forms that you can download to apply for
Driver, Operator and Vehicle licences are on
our forms and fact sheets
page. Or send us your details and we'll post the
forms to you.
Hackney Carriage - detail of current
application fees and forms that you can download to
apply Hackney Carriage Vehicle Driver, and Hackney
Carriage Vehicle licences are on our forms and fact sheets
page. Or send us your details and we'll post the forms to
you.
Please note: you will still need to
telephone us on 01386 565016 to make an appointment for you to
complete a Criminal Records Bureau Enhanced Disclosure application.
As these occupations are "excepted" from the protection of
the Rehabilitation of Offenders legislation, any and all
previous convictions must be declared. We are unable to
distribute this form electronically and because of past misuse, we
are no longer sending blank forms by post.
|
| Eligibility
Criteria |
Drivers: must be "fit and proper" persons. This is a
decision that we take based on criminal conviction history, driving
endorsements and medical fitness. More information is in our
document, guidance
for applicants.
NB Our guidelines are currently under review - see
our "What's New" page for
details.
Vehicles: must be in very good condition, less than ten years
old, and "suitable" (in our opinion) to be used by fare paying
passengers. More detail is available in the notes for applicants.
Applicants are advised NOT to buy vehicles unless we have approved
them first.
The Council has a number of policies to guide our licensing
decisions. Read them on our forms and factsheets page.
|
| Regulation
Summary |
A summary of the eligibility criteria for this licence
|
| Application Evaluation
Process |
Applications are compared to the legislative requirements, and
our policies. Officers will grant applications where these
pre-requisites are met (see relevant guidance notes and policies on
our "forms and factsheets"
page). Applications that can't be approved by officers will
generally be decided at a meeting of our licensing
sub-committee (there are some exceptions, such as applications
for exemption from the requirement to display the Council's vehicle
licence plate). Where there is a hearing, applicants are
allowed to make representation in writing or in person, to the
Members. The procedure at hearing can be read here. Hearings
because of a person's previous convictions or medical history will
be held in private.
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| Will Tacit Consent
Apply? |
No. It is in the public interest that the authority must grant
your applications before you can trade. If you have not heard from
us within a reasonable period, please contact it. You can do this
online
here if you applied through the UK Welcomes service or use the
contact details below.
|
| Apply online |
There is no facility to apply online - although you can download
most of the forms that you need from here. "driver"
applications will also need a criminal record bureau disclosure
application - phone or email us your address and we will send the
form(s).
|
| Failed Application
Redress |
Most of the forms that you need can be downloaded from here; "driver"
applications and operators who are not also drivers will,
in addition, need a criminal record bureau disclosure application -
phone or email us your address and we will send the form(s).
Please telephone us when you are ready to apply: you will need
to make an appointment to start the process for either driver or
vehicle licence applications. Ring 01386 565016 between 830
and 430 Monday to Friday. We will not be able to deal with
you properly unless appointments are made.
|
| Licence Holder
Redress |
In most cases, where an application can not be granted by
officers, (such as where a driver applicant has relevant
convictions) the application will be decided by our licensing
sub-committee: the applicant will be allowed to address the
committee to explain why the licence should be granted.
If applications are refused, applicants will be told about the
right of appeal that exists in most cases, to the
Magistrates' Court.
|
| Consumer
Complaint |
Please contact us, in the first instance.
|
| Other Redress |
We would always advise that in the event of a complaint the
first contact is made with the trader by you - preferably in the
form a letter (with proof of delivery). If that has not worked, if
you are located in the UK, Consumer Direct will give
you advice. From outside the UK contact the UK European Consumer Centre.
|
| Trade
Associations |
There are no local trade associations.
|
Taxi Newsletter
Councils must consider use of vehicles before licensing
This was the conclusion of Christopher Symons QC when
giving judgement in the High Court judicial review claim brought by
Newcastle city council against Berwick-upon-Tweed borough
council.
Berwick in exercising its discretion under section 37 of the
1847 Act to grant hackney carriage vehicle licences should take
into account where the vehicles will be used, the court held.
Hackney carriages are being licensed in Berwick then used for
private hire work in the neighbouring district, Newcastle
City.
The judge said: ‘The byelaws and conditions which apply to
Berwick’s hackney carriages are largely there to promote safety and
to ensure the vehicles are easily identifiable. They are made and
imposed to protect the public and in particular the public in the
Berwick-upon-Tweed area. If the hackney carriages are used in areas
remote from Berwick-upon-Tweed enforcement will be very difficult
and impracticable. He continued: ‘…a local authority, properly
directing itself, is entitled and indeed is obliged, to have regard
to whether the applicant intends to use the licence to operate a
hackney carriage in that authority’s area, also having regard to
whether the applicant intends to use the hackney carriage
predominately, or entirely, remotely from the authority’s
area.
He added he was also anxious not to direct how Berwick or any other
local authority should exercise their discretion, although he did
not go so far as saying that Berwick’s practise of issuing licences
for hackney carriages outside of its area as being unlawful. He did
not make a declaration as to whether Berwick had a policy to grant
licences for use remote from their area.
At Wychavon, we already check that applicants for private hire
licences have work with an operator licensed by us – so that
private hire journeys either start or finish in Wychavon. In light
of this Judge’s decision, we will be amending our procedures to
check that applicants for hackney carriage licences intend to work
mainly or wholly within Wychavon and similarly that any private
hire work that they undertake starts or finishes in our area.
New Amendments Announced
Three amendments affecting taxi licensing have been
announced:
Last year, parliament passed the Road Safety Act 2006 which
contained two provisions affecting hackney carriage and private
hire vehicle licensing:
- a power to suspend or revoke drivers' licences with immediate
effect
- the repeal of an exemption for vehicles providing services
under contract for more than 7 days
The amendments have arisen because of three significant safety
risks which needed to be addressed.
Suspending drivers' licences
The Local Government (Miscellaneous Provisions) Act 1976 gives
licensing authorities outside of London the power to suspend,
revoke or refuse to renew hackney carriage and private hire vehicle
drivers' licence for a number of reasons, including convictions for
certain offences or for any other reasonable cause.
A decision to suspend or revoke a licence is however held in
abeyance for a period of 21 days in which the driver may appeal to
a magistrates' court, and subsequently until any such appeal is
disposed of.
Section 52 of the Road Safety Act will give licensing
authorities a power to immediately suspend or revoke a licence
where they are of the opinon - which must be recorded - that the
interests of public safety require such a course of action.
Repeal of the contract exemption
From January 2008, the historical exemption from licensing for
drivers - and vehicles - hired under contract for not less than
seven days was removed. A large number of vehicles and
drivers from this previously unregulated sector now have to be
licensed.
Disability Discrimination Act 2005 - Update
Since December 2006, people providing transport using taxis and
private hire vehicles (transport providers”) have had to actively
avoid discrimination against disabled persons and must make
reasonable adjustments to services that they offer. These services
include timetables, booking facilities, tariffs, waiting rooms etc.
at taxi offices, airports, ferry terminals, and bus, coach and rail
stations.
The Government has not YET required accessible vehicles but we
would recommend careful thought be given when considering buying a
new vehicle for private or public hire use.
Our Disability
Discrimination factsheet (25.87 KB) gives more
information.
Disability Discrimination Act 1995 - Taxi Accessibility
Regulations - What's new?
Government is implementing the taxi provision of the Disability
Discrimination Act 1995. There will be a rolling program from
2010-2020, setting standards for wheelchair access and a range of
other features to help disabled people to use taxis.
Taxis in Wychavon will not be required to comply in the first
phase - but guidance will be issued. Formal regulation may be
introduced if the guidance is ignored.
We can provide customers with contact details for currently
licensed wheelchair accessible taxis, on request.
Watch Out For Rogue Taxis
|
There are few complaints about licensed (or unlicensed) private
hire or taxi” vehicles in Wychavon. But new, clearer and
larger badges are being introduced in response to comments that the
badges previously issued by us are too hard to read. We hope
that the new plates and driver badges will make it easier for the
public to identify properly licensed vehicles.
The new vehicle plates have a clear licence number, registration
number and an expiry date. Drivers will be wearing a card
with a clear driver number and photo.
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The Licensing Team makes sure that all taxis, private hire
vehicles, and their drivers are suitable, and are properly insured,
before licences are issued. Under no circumstances should
people be accepting lifts from strangers in unlicensed vehicles.
This change will hopefully make it easier for the public to make
simple checks before getting into a vehicle to ensure they are
properly licensed.
Private Hire Vehicles are different to Taxis. Taxis (hackney
carriages) can be hailed on the street, or hired from a rank; they
have light blue licence plates. Private hire vehicles have to
be pre-booked, they cannot be hired or hailed – they have yellow
licence plates.
Passengers are entitled to see the driver’s details (photo,
badge and number) and should make a note of them, in case they lose
property in the vehicle or have cause for complaint following a
journey.
If you have any queries please contact the Licensing Team on
01386 565016.
Further Information
All Licensing and Environmental Health Matters are now
dealt with by Worcestershire Regulatory Services.
For direct public enquiries and referrals:
General Customer Enquiries
Worcestershire Hub on: 01905-822799
(Mon—Fri 8am—8pm, Sat 9am—5pm)
Email: wrs.licensing@worcsregservices.gov.uk
Fax: 01905-617132
