Agreed changes to conditions
Contents
November 2015
On 4 November 2015, the Regulatory and Appeals Committees approved the following condition changes.
The conditions listed below and summarised for your ease of reference, come into force on 1 January 2016.
Please note:
Items 8 (a) and (b) relate to Private Hire Operators and Hackney Carriage Proprietors.
Item 8 (c) relates to all Licensed personnel.
Item 9 relates to Hackney Carriage Proprietors.
Item 11 relates to Private Hire Operators.
If you require further information, please contact your trade representative or check the what’s new section of our site.
(1) Abusive Language, Threats Of Violence
Violence and abusive behaviour which would include any attempted, threatened, or actual conduct that endangers or is likely to endanger the health or safety of Enforcement Officers carrying out their duty will likely result in a suspension or in the most extreme cases revocation of license.
The licensing service is committed to maintaining a safe and healthy environment for all, any form of violence or abusive behaviour committed by or against any member of staff is not acceptable.
(2) Suitability Of An Applicant
The resolution is to adopt the definition of what is a fit and proper person. Although this is not set out in law, the generally accepted test is:
“Would you allow your son daughter, mother, spouse or other person you care about get into this vehicle with this person alone?"
The overriding consideration is to prevent licences being given to or used by those who would be by definition, ‘not suitable’
(3) Past Licensing History
When assessing an application for licence the Licensing Service shall take into account all past history in relation to offending and conduct. Each application will be decided on its merits.
Hackney Carriages and Private Hire vehicles are by their very nature more likely than other methods of transport to be used by people who for one reason or another are vulnerable. Therefore, it is important to place public safety at the forefront of our decision-making.
(4) New Applicants
All new applicants will be required to give full and frank disclosure of all criminal convictions spent or otherwise failure to provide accurate information will normally result in a refusal of licence
It is an offence for any person knowingly or recklessly to make a false declaration or to omit any material particular in giving information required by the application for a licence. Where an applicant has been found to have made a false statement or a false declaration with the intention to deceive on their application for the grant or renewal of a licence, the licence will be refused.
(5) Drugs History
An applicant’s previous drug history will be taken into consideration when determining the issue of a licence. This is to ensure that every step as been considered before the granting of a licence.
Applicants with a drug history can be asked to provide official documentation to prove that they are ‘drug free’. This would normally be via the applicants own doctor, a recognised drug-testing specialist or the Council's own Occupational Health Doctor. It will be a condition of licence that a re-test can be asked to be undertaken at any time.
(6) Child Sexual Exploitation
A CSE condition is being introduced which requires mandatory attendance at CSE training. CSE training will be included within existing training modules and will be approved by Bradford’s Safe Guarding unit. This will assist in giving new and existing drivers the confidence to recognise and report child sexual exploitation.
(7) Disclosure and Barring Service
The service intends to move all DBS applications online. At present DBS checks are processed manually using a paper system. The move to electronic submissions enables applicants to view their current DBS online. The Licensing Service can check the status of DBS certificates without having to renew DBS checks.
Once an electronic submission has been done and the report received by the applicant it will be a mandatory requirement that all drivers and operators subscribe within 19 days to the DBS Up-Date Service. This will allow officers to check an applicant’s current online DBS status to ensure that the certificate is up to date.
(8) Electronic Communication (Implementation date will be sent separately)
(a) The Licensing Service recognises the importance that Operators and Proprietors keep up to date with current information. In order to do this more effectively it will be a requirement that you maintain a valid email address. Key licensing matters, including changes to policy and renewal reminders etc, will be sent to the email address. Failure to maintain a valid email address could result in important information being missed and may lead to a suspension of licence.
(b) It is essential that all Operators (PHV) play an active role in the running of their business.
To facilitate this, the Licensing Service will arrange Operator Business Meetings, which will take place every three months or as service needs, may require. Each meeting necessitates
the attendance of the Licensed Operator or the Operator’s designated representative. The designated representative of the Operator shall have the authority to make decisions in this area. To facilitate this, an application form should be completed and approval given by the Service. However, it is noted that each Licensed Operator will be required to attend at least one Business Meeting in person. There is a mandatory requirement of 75% attendance overall.
(C)All licensed personnel are required to visit the Hackney Carriage and Private Hire website on a monthly basis to read the ‘what’s new’ segment where the latest current and relevant information can be found.
(9) Intended Use Policy
Applicants who do not intend to ply for hire within the Bradford District shall not be granted a Hackney Carriage Licence.
(10) E-Cigarettes
The use of e-cigarettes in Hackney Carriage and Private Hire vehicles is not permitted.
In coming to this decision we have not only taken into consideration health and safety concerns but also feedback from drivers who state that a blanket ban will serve to clear up any confusion regarding smoking be allowed in licensed vehicles.
(11) Private Hire Decals
The option to choose either magnetic or permanent Decals has been removed.
Only tamper proof permanent Decals shall be fitted to private hire vehicles. This brings the Licensing Service into line with policy changes proposed by the Combined Authority working group regarding the standardisation of Decals across Districts. (Bradford, Leeds, Calderdale, Kirklees, Rossendale, York)
The Service does not have a preferred supplier of permanent tamperproof decals. It is the responsibility of each operator to source the required decals.
17 February 2016
Following the meeting of the Regulatory and Appeals committee on 17 February 2016 the following four conditions were approved for Hackney Carriages and Private Hire vehicle licensing.
Please Note: Other than condition (1) all conditions are with immediate effect.
(1) Out of Area Vehicles
The condition is that the licensed operator of private hire vehicles shall maintain records of all bookings for hackney carriage vehicles licensed by another authority in such a manner, whether written or on computer, which enables them to be examined or audited. These records shall be available for inspection by authorised officers upon request. Details of how this information should be recorded can be found at page 36 Section 3, paragraph 3.12 and ‘Schedule of Vehicles and Drivers’ at paragraph 3.13 in your conditions book.
The receipt of advance bookings by the licensed operator for hackney carriage vehicles licensed by another 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 system’s hard drive to enable easy inspection by the Council. A separate telephone line and telephone number must be used and installed by the private hire operator and used for hackney carriage vehicles licensed by another authority which are undertaking private hire bookings within that operating base.
There must be a pre-recorded intercept message on the unique booking telephone line which clearly states to prospective customers the following:
"The driver and vehicle you are about to book are not licensed by Bradford Council and Bradford Council is not empowered to take licensing action against them in the event of a complaint. In the event of a complaint customers will have to deal with that other Authority where they may be licensed"
All operators are required to comply with this condition no later than 17 August 2016. Failure to do so will lead to a 21 day suspension notice being issued against your operators licence. Enforcement Officers will be conducting routine base checks where compliance issues regarding out of area vehicle and driver checks will be carried out. The Service will also work with operators who wish to get their out of area drivers and vehicles licensed at Bradford. If you require further information please make your enquires via the Service’s email address which can be found below.
Operator checklist
- Arrange for installation of new separate telephone line
- Maintain separate record of bookings for out of area vehicles working within your base (separate booking register or separate partition of computer hard drive)
- Arrange for pre-recorded intercept voice mail message on the unique booking telephone line
- Update all advertising material, cards, posters, decals, with new distinct number
- Register out of area drivers with the Service for application of licence at Bradford (if required)
(2) Equality Act 2010
The Licensing Service has added a specific sanction to the current table at section 4 of the Conditions Book in order to reinforce the importance of drivers, proprietors and owners complying with the Equality Act 2010, and to make it clear that failure to comply with the Equality Act 2010.
- Eliminate unlawful discrimination, harassment or victimisation
- Advance equality of opportunity between those who share a protected characteristic and those who do not.
- Foster good relations between those who share a protected characteristic and those who do not.
The proposal is that the Table of Non-Compliance Predicted Outcomes be amended to include the following:
"Failure to comply with the Equality Act 2010 by unlawfully discriminating against, harassing and/or victimising a person because of one or more of the protected characteristics listed in section 4 of the Act and set out in these conditions."
Protected characteristics
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
(3) Disclosure and Barring Service (DBS) Up Date Service
It is a requirement for licensed drivers to sign up to the Online DBS Update Service. Once this is in place and active the service will be able to check the current criminal status of a driver’s DBS certificate. This will ensure that the Licensing Service will have access to the most recent and accurate DBS details of all drivers.
The condition is that the Service checks on an annual basis the current DBS status of a driver.
(4) Guidance for the Carriage of Assistance and Guide Dogs
Information regarding the safest seating position for assistance dogs being carried within a licensed vehicle has been brought to the attention of the Service. There is the potential for serious injury to the dog as a result of an accident, if the dog is travelling in the front seat when the airbag is deployed. The new condition would make it mandatory for the driver of the vehicle to advise the passenger travelling with an assistance dog that the safest option for the assistance dog is to travel in the rear of the vehicle.
The condition is that the driver of a licensed hackney carriage/ private hire vehicle shall advise a passenger travelling with assistance dog that:
"The safest option for the assistance dog is to travel in the rear of the vehicle"
Please remember refusing to carry an assistance dog without being in possession of an exempt certificate is an offence that will in all likelihood lead to a prosecution by Bradford Council.
For further information or clarification regarding the above conditions please contact Bradford Council Hackney Carriage Private Hire Service at taxi.testing@bradford.gov.uk.
July 2017
- Displaying CSE/Safeguarding Information to Customers in Licensed Vehicles Condition introduced requiring proprietors of licensed vehicles to display approved safeguarding material on the inside of a vehicles rear passenger window (nearside). The condition shall also require operators and drivers to ensure the sticker remains in place.
- Suitability of Employees Condition introduced requiring operators/proprietors to conduct adequate background checks on non BMDC licensed employees and to also provide training for employees who work within their business. The condition shall also require a work activity record to be maintained showing the hours/shifts such employees work. All such information shall be made available to the Licensing Service on request.
- Employee Charter/Code of Conduct Condition introduced requires operators/proprietors to produce an employee charter/code of conduct. A code of conduct would lay out a set of rules outlining the expectations and guiding principles for an individual’s behaviour within a work environment. A code of conduct aims to promote good practice within the operator business.
- Amendment to HCPH licensing policy following Deregulation Act 2015 Issue Drivers HCPH licences for a one year period £81 or three year period £199. Issue Operator’s licences for a five year period £607 (1 vehicle) £788 (More than 1 vehicle)
- Vehicle Safety and Maintenance Condition introduced requiring the proprietor of a licensed vehicle to provide a certificate of mechanical safety and vehicle maintenance (in accordance with the vehicle’s user handbook) at the scheduled intervals. Also, that the certificates are retained to provide a history of the vehicles safety record.
Retest fees from 11 September 2017
| Failure type | Charge |
|---|---|
| Fail (Max 2 minor faults) | Free |
| Fail Multiple (3 - 4 minor faults) | £20 |
| Fail Multiple (5 or more minor faults) | £75 |
| Fail Safety Critical (1 x defect) | £100 |
| Fail Dangerous (2 x defects) | £100 + possible suspension |
If you require further information regarding your vehicle failure types then you should email taxi.testing@bradford.gov.uk in the first instance and your queries can be passed on to the relevant officers.
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