Private Hire Driver Application - Download as DOC by HC12080714461

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									 Licensing Office, Horbury Community Centre,                   CHECKED BY            FEE TO PAY
 Cluntergate, Horbury, Wakefield, WF4 5DA
 Telephone: 01924 302932                                       DATE STAMP
 Fax:           01924 302928
 Email:
 1/4/04 (02/04) licensingoffice@wakefield.gov.uk




                               HOW TO APPLY FOR THE GRANT OF A:-
                   PRIVATE HIRE OPERATOR LICENCE
                            Local Government (Miscellaneous Provisions) Act 1976

Please note:
Applications must be submitted to the licensing office no later than 4.15pm (Mon to Thurs)
or 3.45pm (Fri).

 Documents to be submitted to make application;

 1.     Application Form

 2.     Fee (see fees list)

 3.     Planning Permission

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

 5.     Basic Criminal Record Disclosure from the Scottish CRB (see guidance notes)

 6.     Please read the following enclosed documents                    when       completing     your
        application;
        Guidance Notes Private Hire Operator Licence
        Conviction Policy




            Horbury Forms/LC03.PHOGuidance
                                                       1
APPLICATION FOR GRANT OF PRIVATE HIRE OPERATOR LICENCE
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.


                                                      FULL DETAILS OF APPLICANT

Surname:                                                                    Date of Birth:

Title:                    Mr        Ms         Mrs     Miss     Other       Full Forenames:

Home Address:

                                                                            Post Code:

Telephone No:                                                               Mobile Tel No:
Email address:

                                                FULL DETAILS OF JOINT APPLICANT

Surname:                                                                    Date of Birth:

Title:                    Mr        Ms         Mrs     Miss     Other       Full Forenames:

Home Address:

                                                                            Post Code:

Telephone No:                                                               Mobile Tel No:
Email address:

Badge Numbers of Applicants
(if licensed)


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
(If YES, please give details)

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




              Horbury Forms/LC03.PHOGuidance
                                                                        2
                                                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;

 Has any director or secretary previously applied for any operator licence?                              Yes            No
 If Yes, please give details



 Has there been any revocation or suspension of any operator licence previously held? Yes                               No
 If Yes, please give details



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

 Name of Company             Trade of Business        Date       Court    Offence                Sentence




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

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




 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;

 Has such company/companies previously applied for any operator licence?                                Yes             No
 If Yes, please give details



 Has there been any revocation or suspension of any operator licence previously held
 by such company/companies?                                                                               Yes           No
 If Yes, please give details



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

 Name of Company             Trade of Business        Date       Court    Offence                Sentence




               Horbury Forms/LC03.PHOGuidance
                                                                   3
                                                     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)


 Business Address:



 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.


 Please tick the applicable box;

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

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

 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.

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

 Wording:

 Colour of Lettering:                                             Colour        of
                                                                  Background:
 REAR PASSENGER DOORS OR MULTI SEATER VEHICLE REAR SIDE PANEL - please give details of
 wording / colours below:
 Wording:

 Colour of Lettering:                                             Colour        of
                                                                  Background:

                 Horbury Forms/LC03.PHOGuidance
                                                              4
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

Name                                                                              D.O.B:

  Date                            Offence                      Court                               Sentence




 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

             Yes                              No                         Yes                       No
                (If YES, please give full details)                        (If YES, please give full details)




 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)

         Date of Hearing                                             Alleged Offence


                                                     2nd APPLICANT

Name:                                                                            D.O.B:

  Date                            Offence                      Court                              Sentence




 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

             Yes                              No                         Yes                      No
                (If YES, please give full details)                        (If YES, please give full details)




 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)

         Date of Hearing                                             Alleged Offence



             Horbury Forms/LC03.PHOGuidance
                                                          5
                                       DECLARATION TO BE SIGNED BY APPLICANTS




ONCE LODGED WITH THE COUNCIL, THIS APPLICATION FORM REMAINS THE PROPERTY OF THE COUNCIL.

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 the warning on Page 3 of this application.

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.


Should you require any further general information regarding completion of the form please
contact the Licensing Office. In view of the possible serious consequences if incorrect
information is submitted you may wish to consider consulting your Solicitor if in doubt.



                                                       DATA PROTECTION ACT 1998
The City of Wakefield MDC requires this information in order to process your application for a licence. The Council is under a duty to protect the
public funds it administers and may use the information you have provided within the Authority for the prevention and detection of fraud. From time
to time, as prescribed by Law, we will share your information with other Government Departments such as the Inland Revenue, Benefits Agency
and the Police.
              Horbury Forms/LC03.PHOGuidance
                                                                       6
                                           GUIDANCE NOTES
                PRIVATE HIRE OPERATOR LICENCE
                        Local Government (Miscellaneous Provisions) Act 1976



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




       Horbury Forms/LC03.PHOGuidance
                                                         7
Application Process

An application for a Private Hire Operator Licence must be made to the Licensing
Office, Horbury Community Centre, Cluntergate, Horbury, Wakefield, WF4 5DA.

Applicants are advised that the following additional information must be provided with
the application form;

1.         Criminal Record Disclosure is required from the Scottish Criminal Record
           Office every 3 years if the applicant is NOT a licensed Wakefield MDC Private
           Hire or Hackney Carriage driver. This document can be no more than 1
           month old at the date of application.
           Contact Details ; Tel: 0870 6096006 Web: www.disclosurescotland.co.uk

2.         Right to Work in the UK

           The Home Office, via the UK Border Agency, have compiled a list of
           documents, which prove that someone has the RTW in the UK. Documents
           will fall into either List A or List B, please see enclosed List of Acceptable
           Documents.

           Proof of RTW in the UK must be provided when application is made in respect
           of new applicants. In respect of renewal applicants proof should be submitted
           on application also, but if proof cannot be provided at that time the Council will
           allow application to be made, but no licence will be granted until proof has been
           provided.

           The only exception to this is when an applicant is from a country covered by
           the Worker Registration Scheme. The applicant under these circumstances
           would be required to produce a registration card obtained from the Home Office
           within 8 weeks of obtaining their licence.

3.         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, Newton Bar
           Wakefield
           WF1 2TX
           Telephone No. 01924 306636          e-mail: devcontrol@wakefield.gov.uk

4.         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.




       As an Operator it is important that you read the
        conditions and information in this guidance.
Horbury Forms/LC03.PHOGuidance
                             8
                          CONDITIONS ATTACHED TO PRIVATE HIRE OPERATOR LICENCES
         PURSUANT TO SECTION 55 OF THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - PART II
                                                                                                                                          O
                                                                                                                                          JUL2007
1. OPERATOR LICENCE                                                                                                                       AV
(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.

            Horbury Forms/LC03.PHOGuidance
                                                                       9
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 Metropolitan District Council, Horbury Community Centre, Cluntergate, Horbury, Wakefield
 WF4 5DA
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, binding over, caution, warning or reprimand
imposed on him/her (or if the Operator is a Company or partnership on any of the Directors, Secretary or Partners) during the period of the
licence.

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.
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 OF
ISSUE.
                                                                                                          Approved at Cabinet Committee on 26th February 2002.
                                                                                                          Amended by Licensing & Registration Committee on 5th January 2004.
                                                                                                  Amended by Regulatory & Appeals Committee on 1st February
                                                                                                  2006.
                                                                                                  Amended by Regulatory & Appeals Committee on 10 th January 2007.




              Horbury Forms/LC03.PHOGuidance
                                                                             10
                                              PRIVATE HIRE OPERATOR’S RECORD OF BOOKINGS

TO BE COMPLETED BEFORE THE COMMENCEMENT OF EACH JOURNEY

* Date                Time       Name and      Journey              Address/name   Destination   Reg. No   Badge No.   Signature of   Remarks
Booking               Booking    Address of    Commencement         of Premises    Address/      of        of driver   Operator or
Received              Received   Hirer         Time & Journey       from which     Place         Vehicle               Representat
                                               date (if different   Journey to                   to be                 ive taking
                                               from Booking         Commence                     used                  the Booking
                                               Date)




(* The use of ‘Ditto’ marks for repeating a particular date on each page providing the date appears at least once on each
   page is acceptable).




Horbury Forms/LC03.PHOGuidance
                                                                            11
If you have a complaint about the hiring of a Private Hire Vehicle please
write to The Licensing Office, City of Wakefield Metropolitan District
Council, Horbury Community Centre, Cluntergate, Horbury, Wakefield
WF4 5DA giving full details.




THESE SHOULD BE AGREED (EITHER WITH THE OPERATOR OR
DRIVER) BEFORE THE JOURNEY COMMENCES, IF NO FARE SCALE
EXISTS.
The City Of Wakefield MDC does not control fares for Private Hire Vehicles



Horbury Forms/LC03.PHOGuidance
                                            12
Rehabilitation of Offenders Act 1974 - Table
Spent convictions - Under the Rehabilitation of Offenders Act 1974 (as amended) you are not obliged
to disclose any offence resulting in one of the Sentences in the left-hand column below if the
corresponding period in the right-hand column has elapsed. It should be noted that a rehabilitation
period can be extended if a person is convicted within that period of a further offence whether of the
same or a different kind.
                                                  REHABILITATION PERIODS
Table A
 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

Table B - Rehabilitation periods for certain sentences confined to young offenders
 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
Miscellaneous
 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
Sentences Excluded from Rehabilitation
Life imprisonment; preventative detention; sentence of imprisonment, youth custody or corrective training exceeding 30
months; sentence of custody for life.
Sentences Excluded from Rehabilitation - Life imprisonment, preventative detention, sentence of imprisonment, youth
custody or corrective training exceeding 30 months; sentence of custody for life.



             Horbury Forms/LC03.PHOGuidance
                                                                  13
                                 Private Hire Operators Licence

The Law

Private Hire Operators are licensed by the Council under section 55 of the Local
Government (Miscellaneous Provisions) Act 1976.

A Private Hire Vehicle must be booked through a private hire operator. Persons wishing to
operate Private Hire Vehicles in the Wakefield District must apply to Wakefield MDC for a
licence under s55 of the Local Government (Miscellaneous Provisions) Act 1976.

Operating any vehicle as a Private Hire Vehicle without the appropriate licence is an
offence under s46 (1) (d) of the Local Government (Miscellaneous Provisions) Act 1976.

A Private Hire Operator licence is only one of three licences that are required in respect of
private hire, the other two being Private Hire Vehicle Licence and Private Hire Driver
Licence. Each licence must be obtained at the same Local Authority for the area the
Private Hire Operator firm is located. Therefore the Operator may only utilise drivers and
vehicles licensed with Wakefield Council.

The Council under s57 of the legislation can obtain any information they consider
necessary about a prospective private hire operator licence.

When determining whether to grant a Private Hire Operator licence the Council must be
satisfied that the applicant is a ‘fit and proper person’.

All bookings for a Private Hire Vehicle must be made at the licensed operator premises on
a landline. Private Hire Operators are required by s56 (2) and (3) of the legislation to keep
records relating to all journeys booked and vehicles used. The criteria of these records
are set out in the Councils conditions and a copy of the approved form of a Record of
Bookings is contained in this guidance on page 5.

Section 55 (3) of the Local Government (Miscellaneous Provisions) Act 1976 allows the
Council to impose conditions they consider ‘reasonably necessary’ on a Private Hire
Operator licence. These conditions are provided on pages 3 and 4 of this booklet.

Section 56(4) of the Local Government (Miscellaneous Provisions) Act 1976 allows an
authorised officer of the Council or Police constable, on request, to inspect the records
maintained by the Operator at any time.

A Operator Licence is a personal licence and is therefore is not transferable.

No Operator Licence will be issued with the same name as any other company within the
District to avoid confusion with the general public.




Horbury Forms/LC03.PHOGuidance
                                              14
                       PROOF OF RIGHT TO WORK IN THE UK
                      LIST OF ACCEPTABLE DOCUMENTATION

To comply with the Asylum and Immigration Act 1996 (as amended at 1 May 2004),
before you obtain a licence to work as a Private Hire or Hackney Carriage driver, you
must supply original documentation proving that you have a right to work in the United
Kingdom (UK).

If the applicant can produce a satisfactory document from List A, eligibility to work in the
UK will have been established and will not need to be checked again. If an application
is made after a licence has expired then proof of a person’s RTW in the UK will be
required again.

LIST A

1. A current valid British passport
2. A passport or national identity card showing that the holder is a national of a
   European
   Economic Area (EEA) country or Switzerland.
3. A residence permit or registration document certifying or indicating permanent
   residence issued by the Home Office or the UK Border Agency to the national of an
   EEA.
4. A permanent residence card issued by the Home Office or the UK Border agency to
   the
   family member of a national of an EEA country or Switzerland.
5. A Biometric Immigration Document issued by the UK Border Agency to the holder,
   which indicates that the person named in it is allowed to stay indefinitely in the UK or
   has no time limit on their stay in the UK.
6. A passport or other travel document endorsed to show you are allowed to stay
   indefinitely in the UK, have the right of abode in the UK or have no time limit on their
   stay in the UK. .

Documents 7-11 if produced MUST be submitted with an official document giving
the person’s permanent National Insurance Number and their name issued by a
Government agency or previous employer. This could be: a P45 or P60 issued by a
previous employer, a National Insurance card, or a letter from a relevant Government
Agency.

7. An Immigration Status Document issued by the Home Office, Border and
    Immigration Agency or UK Border Agency indicating that the person named in it is
    allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.
8. A full birth certificate issued in the UK, Channel Island, the Isle of Man or Ireland
    which includes the name(s) of at least one of the holders parents.
9. A full adoption certificate issued in the UK, Channel Island, the Isle of Man or Ireland
    which includes the name(s) of at least one of the holder’s adoptive parents.
10. A certificate of registration or naturalisation as a British citizen.
11. A letter issued by the Home Office, Border and Immigration Agency or UK Border
    Agency to the holder which indicates that the person named in it is allowed to stay
    indefinitely in the UK.
If you produce a document from List B then the document must be re-verified on expiry
which is at least every 12 months, to produce evidence of the eligibility to work in the
UK.
 List B
 1. A passport or other travel document endorsed to show that the holder is allowed to
    stay in the UK and is allowed to do the type of work in question, provided that it does
    not require the issue of a work permit.
 2. A Biometric Immigration Document, issued by the UK Border Agency to the holder
    which indicates that the person named in it can stay in the UK and is allowed to do
    the work in question.
 3. An Application Registration Card (ARC) issued by the Home Office, Border and
    Immigration Agency or the UK Border Agency stating that the holder is permitted to
    take employment, when produced in combination with evidence of verification by
    the UK Border Agency Employer Checking Service.

Documents 4 -8 if produced MUST be submitted with an official document giving
the person’s permanent National Insurance Number and their name issued by a
Government agency or previous employer. This could be: a P45 or P60 issued by a
previous employer, a National Insurance card, or a letter from a relevant Government
Agency.

4. A work permit or other approval to take employment issued by the Home Office,
   Border and Immigration Agency or the UK Border Agency.
5. A certificate of application issued by the Home Office, Border and Immigration
   Agency or the UK Border Agency to or for a family member of a national of an EEA
   country or Switzerland, stating that the holder is permitted to take employment,
   which is less than 6 months old.
6. A residence card or document issued by the Home Office, Border and Immigration
   Agency or the UK Border Agency to a family member of a national of an EEA country
   or Switzerland.
7. An Immigration Status Document issued by the Home Office, Border and Immigration
   Agency or the UK Border Agency to the holder with an endorsement indicating that
   the person named in it can stay in the United Kingdom, and is allowed to do the work
   in question.
8. A letter issued by the Home Office or the UK Border Agency to the holder or the
   employer or prospective employer, which indicates that the person named in it can
   stay in the United Kingdom and is allowed to do the work in question.

WORKER REGISTRATION SCHEME

The Government has established a Worker Registration Scheme to monitor the
participation of workers from eight of the ten countries that joined the European Union
on 1 May 2004:- Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia,
Slovenia.

Where someone is employed from one of these countries, the employer (either the
private operator or vehicle proprietor) must ensure that the individual registers with the
Home Office within one month of starting work. The Home Office will issue a worker’s
registration certificate, which confirms that the person has the legal RTW. Your
registration certificate must be produced at the Licensing Office within 8 weeks of your
private hire or hackney carriage driver licence being issued.
 Website address:- www.ukba.homeoffice.gov.uk

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