MANCHESTER CITY COUNCIL REPORT FOR RESOLUTION

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					                          MANCHESTER CITY COUNCIL

                            REPORT FOR RESOLUTION


Committee:         Licensing and Appeals Committee

Date:              19 February 2007

Subject:           Licensing of stretched limousines

Report Of:         Head of Regulatory & Enforcement Services

_____________________________________________________________________


Purpose of Report:
To advise Members of the outcome of the consultation exercise undertaken following
Members’ agreement in principle in August 2006 to licence stretched limousines.

Recommendations:
That Members adopt the proposed limousines policy and licence conditions set out below.

Financial Consequences for the Revenue Budget:
None

Financial Consequences for the Capital Budget:
None

Contact Officers:

Fiona Sharkey           Head of Regulatory & Enforcement Services        Ext 1567
                        Email: f.sharkey@manchester.gov.uk

John Pullan             Licensing Unit                                   Ext 4962
                        Email: j.pullan@manchester.gov.uk

Wards Affected:
City Wide

Implications for

Anti-Poverty    Equal Opportunities        Environment      Employment

No                 No                       No              Yes




                                                                                      1
REPORT


  1.     Background

  1.1    In August 2006 Members considered a report proposing that the Council
         introduce a policy and conditions for the licensing of stretched limousines.

  1.2    The proposals formed part of a Greater Manchester wide approach to address
         the public safety issues and concerns arising from the increased use of such
         vehicles in a largely unregulated manner.

  1.3    Similar proposals are being considered by each of the Association of Greater
         Manchester Authorities (AGMA) with a view to achieving a uniform approach
         wherever possible.

  1.4    At the meeting in August 2006, members determined in principle that the
         Council should licence such vehicles and requested officers to undertake
         appropriate consultation.

  2      Consultation

  2.1    The consultation took place from 15 September to 15 December 2006.

  2.2    Details of the proposed policy and conditions were sent to:

              All Members of the Council

              Hackney Carriage & Private Hire trade representatives and private hire
               operators

              Greater Manchester Police

              Vehicle & Operator Services Agency (VOSA)

              AGMA Public Protection Officer Group

              41 existing limousine operators in Manchester as identified via the
               internet and business directories

  2.3    The proposals were also posted on the Council’s website.

  2.4    Eight consultation responses were received. They are summarised in
         Appendix A, together with the proposed response. The revised policy and
         comparison between existing PHV conditions and those proposed for
         limousines are set out in Appendix B.

  2.5    Examples of the proposed identification sticker and licence plate are shown in
         Appendix C.

  2.6    The resulting conditions for limousines are set out in Appendix D.




                                                                                          2
3     Police investigations

3.1   Members will be aware from recent press reports that police forces across the
      UK, including GMP recently launched a “crackdown” on stretched limousines.
      The operation took place in November 2006 during which 160 limousines were
      stopped and checked.

3.2   Early results overall show a national offending rate of 66%. 12 vehicles were
      immediately prohibited for serious defects and taken off the road, whilst a
      further 27 were issued with delayed prohibitions. 5 people have been arrested
      and three vehicles were seized.

3.3   In Greater Manchester, GMP participated in the limousine operation under the
      banner ‘Operation Dakota’ and, together with vehicle examiners from VOSA
      stopped 26 vehicles over the two evenings of Friday 10 & 17 November 2006.
      A total of 8 prohibition notices were served for defects including defective
      brakes. Other defects including tinted windows in the cockpit area and
      problems with lights, tyres and steering. One stretch Lincoln was seized as it
      was being used without insurance.

3.4   Several large-scale investigations are reportedly underway in different parts of
      the UK and the operation is reported to have uncovered a number of cloned
      vehicles and revealed links to organised criminality.



4     Differences between Manchester and AGMA policy & conditions

4.1   Manchester’s proposed policy and conditions are consistent with those
      proposed by AGMA in respect of:

         Prohibiting the use of tinted glass in the cockpit areas, but allowing it in
          passenger areas;

         Standards for roadworthiness and accredited stretches;

         Twice yearly vehicle inspections

      Manchester’s policy differs from AGMAs in only two respects:

         AGMA does not propose a vehicle age policy for limousines, whereas it is
          proposed that Manchester’s existing policy of a 7 year age limit (agreed by
          the Licensing & Appeals Committee on 17 September 2001) will also apply
          to limousines. AGMA are suggesting, however, that a standard age policy
          should be adopted across AGMA for PHVs, but this has yet to be
          developed.

         AGMA proposes to be flexible on the use of plates, whereas the proposed
          conditions for Manchester require a visible badging system by use of the
          front windscreen sticker and the rear licence plate shown in Appendix C.



                                                                                         3
5     Licensing of Drivers & Operators of Limousines

5.1   Under the provisions of the Local Government (Miscellaneous Provisions) Act
      1976, which were adopted by the Council with effect from 1st March 1978, a
      licensed PHV can only ever be driven by a licensed private hire driver.

5.2   This means that once a limousine is licensed as a PHV by the Council, the
      driver must also be licensed. All applicants for PHV drivers’ licences in
      Manchester are subject to:

          The Council’s policy on Convictions

          CRB Enhanced Disclosure procedures

          Passing the private hire ‘Knowledge Test’

      The same standards will be required for private hire drivers in respect of
      limousines, as are required of private hire drivers in respect of “standard”
      vehicles.

      Similarly, under the same legislation, a PHV can only be booked through a
      licensed private hire operator. This means that once a limousine has become a
      licensed PHV, the operator must also be licensed by the Council.

      Under the provisions of the Local Government (Miscellaneous Provisions) Act
      1976, the Council will only licence a private hire operator if it considers the
      applicant to be a fit and proper person to hold such a licence. It is not intended
      to change any of the current licensing requirements for private hire operators in
      respect of limousines.

6     Licence fees

6.1   The licence fee for limousines is yet to be agreed. It is however likely that this
      will be higher than the current PHV fee to take account of the longer garage
      test required. The fee will be set at a level so as to be revenue neutral and will
      be subject to a separate report to Committee in due course.

6.2   The current licence fees are as follows:

           Licence (12 months)        New Licence           Renewal

          Private Hire Driver       £155                 £85

          Private Hire Vehicle      £207                 £207

          Private Hire Operator     £820                 £410




                                                                                       4
7     Conclusion & Recommendations

7.1   The absence of adequate regulation for stretched limousines poses significant
      public safety issues both in terms of the vehicle itself and the fact that the
      drivers are not currently subject to the CRB checks and the Council’s
      convictions policy in place for taxi and private hire drivers. This means that
      drivers who pose a threat to public safety and who the Council would not
      consider suitable to do so may currently be driving limousines. The proposed
      policy is intended to address this.

7.2   An important factor in the success of any licensing regime for limousines is the
      adoption of a uniform approach, wherever possible, across neighbouring local
      authorities. This will minimise the opportunities for limousine operators to
      simply move their businesses outside of Manchester to avoid regulation. The
      adoption of similar policies by all AGMA members is a key element of this
      process.

7.3   Similarly, in order to encourage responsible limousine operators to become
      licensed, the proposed policy and conditions seek to achieve a proper balance
      between the aims of the regulation (namely, public safety), and the need to
      avoid overly burdensome or inappropriate requirements, which would
      adversely impact on their commercial viability.

7.4   The provisions of the legislation are such that, once a limousine has been
      licensed it can only be driven by a licensed PHV driver, and can only be
      booked through a licensed private hire operator. This means that by
      introducing a system of licensing for limousine vehicles, the full private hire
      licensing system is invoked regulating the vehicle, driver and operator.

7.5   The proposed policy recognises the specialist nature of the limousine business
      and aims to retain the customers’ unique experience and enjoyment
      associated with riding in a limousine, with the additional comfort of knowing the
      vehicle, driver and operator are properly regulated.

7.6   Members are asked to approve the proposed policy and conditions for
      limousines as set out in Appendix B, C & D.




                                                                                        5
                                                                                                                                                     Appendix A
    SUMMARY OF CONSULTATION RESPONSES

                                                                                                             Evaluation of comments                           Policy/
                                                                                                                                                            conditions
                                                                                                                                                            amended?
Tinted glass                    Draft policy ref: 2.5
11/12/06   Tameside MBC         No restriction on tinted glass in passenger compartment     Agreed. Already covered.                                        No
                                but tinted glass in front doors and windscreen should be
                                as per Single Vehicle Approved standards.

Vehicle age                     Draft policy ref: 2.7
17/10/06   VIP Limousine Hire   We should allow 7 or 8 year old vehicles as they have       Most limousines are converted saloon cars with similar life     No
                                lower mileage than other private hire vehicles.             expectancy and therefore should be subject to the Council’s
                                                                                            standard age policy for PHVs. There is an “exception” rule
                                                                                            in the existing conditions for exceptional vehicles, on a
                                                                                            case-by-case basis.
                                                                                            Operators will be required to demonstrate the age of the
                                                                                            vehicle from the date of first registration in the country of
                                                                                            origin (rather than the age from the date of stretching the
                                                                                            vehicle or the age from the date of registration in the UK).
                                                                                            Policy amended to clarify.
11/12/06   Tameside MBC         AGMA should consider a standard age limit for all private   Outside scope of consultation.                                  No
                                hire vehicles.
Driver competency               Draft policy ref: 3.1
17/10/06   George Simms,        Drivers should be subject to a CRB check.                   Agreed. Already covered. A private hire vehicle can only        No
           Manchester Cab                                                                   ever be driven by a licensed private hire driver and in order
           Committee/TODA                                                                   to obtain a PHD licence, the applicant must have
                                                                                            undergone CRB checks and passed an appropriate
                                                                                            knowledge test.

11/12/06   Tameside MBC         Training in relation to attending to and helping            Agreed. Already covered as part of our HC/PH driver             No
                                passengers with disabilities.                               training and testing.




                                                                                                                                                                   1
Operator competency              Draft policy ref: 3.2
11/12/06    Tameside MBC         Stretched limousines to provide proof of Single Vehicle     Agreed. Already covered.                                     No
                                 Approval or letter of compliance for that vehicle.

Roadworthiness                   Draft policy ref: 3.3
11/12/06    Tameside MBC         Vehicle should be subject to same maintenance checks        Agreed. Already covered.                                     No
                                 as other private hire vehicles.

Insurance                        Draft policy ref: 3.5
17/10/06    VIP Limousine Hire   Suggests appropriate insurance policy be made               Agreed. Already covered in existing procedures.              No
                                 available for inspection prior to obtaining/renewing a
                                 Private Hire Licence.
Vehicle testing                  Draft policy ref: 3.7
17/10/06    VIP Limousine Hire   Feels MOT every 6mths excessive considering limited         Disagree. Vehicles should be subject to existing testing     No
                                 mileage of limousines. Would also need an adapted           regime for PHVs.
                                 testing site.                                               MCC has suitable testing facilities, subject to relatively
                                                                                             minor modifications, which have already been agreed with
                                                                                             VOSA.

17/10/06    George Simms, Cab    Any vehicle operating for hire and reward should be         Agreed.                                                      No
            Committee            inspected at 6-month intervals.

23/11/06    GMP                  Suggest all vehicles should be compliant with the           Agreed.                                                      No
                                 Construction and Use Regulations re. Vehicle defects
                                 and the Road Traffic Act.

Maximum passengers               Draft policy ref: 3.8
17/10/06    VIP Limousine Hire   Maximum number of eight passengers (unless vehicle          Agreed.                                                      No
                                 operating under a PSV and has a COIF).
17/10/06    VIP Limousine Hire   Lack of driver compartment seating makes driver testing     Agreed. Will amend our policy accordingly. However, any      Yes
                                 impossible. Seat next to driver for crew use only. Crew     crewmember will have to be included in the passenger
                                 could then be required to carry ID and driving licence at   numbers.
                                 all times.


                                                                                                                                                                2
                                                                                                                                                            Appendix A
     SUMMARY OF CONSULTATION RESPONSES

17/10/06    VIP Limousine Hire      Due to logistical & timing issues it is impractical to        Noted. Will modify policy accordingly.                         Yes
                                    include the limit of 8 passengers in all advertising.
                                    Suggest limit of 8 passengers be included in booking
                                    forms.
Child passengers                    Draft policy ref: 3.9
23/11/06    GMP                     New legislation re the use of booster seats relating to the   Noted. However, certain exemptions apply for PHVs.             No
                                    height of a child.
17/10/06 VIP Limousine Hire         Responsible adult should accompany children under 16.         Noted. Covered in policy already.                              No
Seat belts                          Draft policy ref: 3.10
17/10/06    VIP Limousine Hire      Sideways seats in VIP cars have lap belts.                    Noted. Policy amended to require all seats to have             Yes
                                                                                                  seatbelts fitted.
Fire extinguisher & first aid kit   Draft policy ref: 3.11
17/10/06    VIP Limousine Hire      Fire extinguisher and first aid kit.                          Agreed. Already a requirement for MCC PHVs but this will       Yes
                                                                                                  be made clearer in policy.
Alcohol & glassware                 Draft policy ref: 3.12
17/10/06    VIP Limousine Hire      Does not believe Licensing Act 2003 includes moving or        Sale or supply of alcohol will be regulated in accordance      No
                                    static vehicles. Some companies provide complimentary         with the Licensing Act 2003.
                                    bubbly with every vehicle hire. Others allow alcohol to be
                                    brought along by passengers.

11/12/06    Tameside MBC            Sale & consumption of alcohol as per Licensing Act            Agreed.                                                        No
                                    2003.
23/11/06    GMP                     Asks whether driver will be a personal licence holder.        Sale or supply of alcohol will be regulated in accordance      No
                                    Expresses concerns re underage drinking and expresses         with the Licensing Act 2003.
                                    general concern re. Alcohol.
23/11/06    GMP                     Concern expressed in relation glasses, bottles etc which      Agreed. Already covered.                                       No
                                    may cause injury upon impact or collision.
11/12/06    Tameside MBC            Shatterproof glass or plastic ware only.                      Agreed. Already covered.                                       No
17/10/06    VIP Limousine Hire      Feels that requirement to provide shatterproof or plastic     Disagree. Public safety is overriding priority. Other option   No
                                    glass too expensive.                                          open to operators is not to have glassware in the vehicle.




                                                                                                                                                                       3
Entertainment                      Draft policy ref: 3.13
23/11/06   GMP                     No lap dancing/private dancing within vehicle.              Entertainment will be regulated in accordance with the         No
                                                                                               Licensing Act 2003.
Licence plates                     Draft policy ref: 3.14
21/11/06   AGMA                    Limousines should not be required to show the ‘private      Agreed. Already covered.                                       No
                                   hire’ banners and favour more discreet badging (as is
                                   the preference of the trade).
23/11/06   GMP                     Suggests use of a PSV style disc displayed in the front     Agreed. Policy amended.                                        Yes
                                   window to allow vehicles to be identified as fully
                                   licensed.
11/12/06   Tameside MBC            Vehicles should display suitable signage inside and         Existing MCC PHV conditions require only the tariff to be      No
                                   outside the vehicles.                                       displayed inside the vehicle. Given the specialist nature of
                                                                                               the hiring, and that payment is normally required in
                                                                                               advance, we do not consider that the requirement to display
                                                                                               the tariff inside the vehicle is necessary. We agree that
                                                                                               signage should be displayed at the front & rear of the
                                                                                               vehicle and this is covered in our policy.

17/10/06   VIP Limousine Hire      Suggest road tax disc style plate to avoid additional       Agreed but consider that a licence plate should be             Yes
                                   costs.                                                      displayed at rear of vehicle.

Advertisements                     Draft policy ref: 3.16
17/10/06   VIP Limousine Hire      Suggest as long as it meets Advertising Standards           Noted. However, the council needs to be satisfied that any     Yes
                                   guidelines not a matter for council unless it relates to    advertising does not affect the comfort & safety of
                                   cigarettes and alcohol.                                     passengers and should therefore be subject to Council
                                                                                               approval, which will not be unreasonably withheld.

Strobe lighting and disco balls    Draft policy ref: 4
21/09/06   Councillor Sue Murphy   Should comply with relevant regulations and be of a         Agreed.                                                        Yes
                                   frequency to reduce risk of epilepsy.

21/09/06   Councillor Harold       Provide warning notices in vehicles and warnings prior to   Agreed.                                                        Yes
           Lyons                   the equipment being used.




                                                                                                                                                                    4
                                                                                                                                                 Appendix A
     SUMMARY OF CONSULTATION RESPONSES

Mirrored ceilings               Draft policy ref: 4
17/10/06   VIP Limousine Hire   Mirrors not made of glass therefore no passenger risk.   Noted, in which case will comply with proposed conditions.     Yes

Fibre optics                    Draft policy ref: 4
17/10/06   VIP Limousine Hire   Inaccessible to passengers therefore pose no danger.     Agreed.                                                        Yes
CCTV                            Draft policy ref: 4
23/11/06   GMP                  Suggests the installation of CCTV to help reduce         Noted. CCTV in taxis/PHVs is being taken forward as a          No
                                allegations of assault, indecent assault etc.            separate project.
General
17/10/06   VIP Limousine Hire   Proposals would be disproportionately costly and         Disagree. Fees will be comparable with those for all private   No
                                encourage operators to cease trading, move authority     hire vehicles and drivers.
                                areas.

21/11/06   Greater Manchester   Broad agreement with our proposals.                      Noted.                                                         No
           Public Protection,
           \Managers’ Group,
           AGMA
12/12/06   Manchester Private   Broad agreement with our proposals.                      Noted.                                                         No
           Hire Association




                                                                                                                                                              5
                                                                                       Appendix B

                    STRETCHED LIMOUSINE LICENSING PROPOSALS
1. DEFINITION

For the purposes of our limousine policy and proposed licence conditions;

    A ‘stretched limousine’ is a motorised vehicle that has been lengthened by the insertion of
    an additional body section and modified by a coachbuilder to contain luxury facilities and
    fixtures:
       - That is capable of carrying up to, but not exceeding eight passengers
       - That could not currently be licensed by the council as a Private Hire Vehicle (PHV).
       - That is NOT a decommissioned military or emergency service vehicle.


2. VARIATION FROM EXISTING PRIVATE HIRE POLICY

It is proposed that limousines are incorporated into the council’s current PHV licensing
scheme. Several variations from PHV licensing policy requirements are outlined below to take
into account the nature of this type of vehicle.

     ISSUE              PROPOSED VARIATION                    JUSTIFICATION
1    Left Hand Drive    Permit Left Hand Drive limousines     The majority of stretched limousines are
     Vehicles           to be considered for PHV              imported from the U.S. and are left hand
                        licensing.                            drive. The Department for Transport has
                                                              recommended that councils should not
                                                              refuse to licence limousines simply because
                                                              they have characteristics which contravene
                                                              the existing policy i.e. left hand drive.

2    Sideways Seating   Permit limousines with sideways       A key characteristic of stretched limousines
                        facing seating to be considered for   is their sideways facing bench seats. In line
                        PHV licensing.                        with the Department for Transport’s
                                                              guidance outlined above, the council will
                                                              consider the suitability of limousines with
                                                              sideways seating for licensing.

3    Vehicle Colour     Permit limousines other than white    The vehicle colour restriction together with
                        or silver to be considered for PHV    the plates & stickers serve to distinguish
                        licensing.                            PHVs from ordinary saloon cars and to
                                                              make them clearly identifiable to the public.
                                                              However, the distinctive appearance of
                                                              stretched limousines means that they are
                                                              unlikely to be confused with ordinary saloon
                                                              cars.

4    Tinted Glass       Permit limousines with heavily        It is recognised that the privacy provided by
                        tinted glass in the rear              tinted glass in the passenger compartment
                        offside/nearside windows to be        is a central characteristic of a limousine and
                        considered for licensing. However     part of the passenger experience.
                        heavily tinted glass in the driver    However, glass in the driver cockpit must
                        cockpit would remain prohibited in    satisfy the standards within the Road
                        line with legal requirements.         Vehicles (Construction and Use)
                                                              Regulations 1986 as amended.


                                                   1
                                                                                         Appendix B

5    Vehicle Age       Operators are required to                PHV regulations currently require age to be
                       demonstrate the age of the               calculated from the date first registered in
                       vehicle from the date of first           the UK. However the age of the imported
                       registration in its country of origin.   vehicle could be substantially older than the
                                                                date of first registration in the UK.

6    Roadworthiness    The stretched limousine must hold        The SVA test comprises a visual
                       a valid Single Vehicle Approval          examination of a vehicle and certifies its
                       (SVA) certificate.                       safety and roadworthiness.

7    Accredited        Normally only vehicles stretched         The council has concerns over the safety of
     coachbuilder      under an accredited coach builder        vehicles stretched outside of properly
     stretches         schemed endorsed by the original         accredited coachbuilder schemes. For
                       manufacturer such as Ford’s              example, the original manufacturers who
                       ‘Quality Vehicle Modifier’ (QVM) or      impose stringent requirements on the
                       Cadillac’s ‘Cadillac Master              coachbuilders endorse the quality and
                       Coachbuilder’ (CMC) will be              safety of vehicles stretched under the QVM
                       considered for licensing by the          and CMC.
                       council.
8    Tyres             The limousine must be fitted with        Given the increased weight of the vehicle,
                       tyres that meet both the size and        tyres of the correct weight and size rating
                       weight specification.                    must be used at all times.

9    Maximum           The vehicle must not be                  This condition will be enforced by council
     Passengers        constructed or adapted to seat           officers performing spot checks on licensed
                       more than 8 passengers. A                vehicles.
                       passenger is any person in the
                       vehicle other than the driver at any
                       time. A babe in arms is classed as
                       a passenger no matter what their
                       age.

10   Vehicle Testing   Licensed limousines must be              To ensure that limousines licensed by the
                       submitted for council testing twice      council are maintained to high standards
                       a year in line with current PHV          and remain safe.
                       requirements.
11   Seat Belts        Seatbelts must be fitted to all          For the safety of passengers.
                       seats and must be worn at all
                       times by passengers whilst the
                       vehicle is in motion.

12   Glassware         Any “glass” drinking-ware must be        For the safety of passengers.
                       made of either toughened glass or
                       plastic.




                                                     2
                                                                                           Appendix B
    3. PROPOSED AMENDMENTS TO EXISTING PHV LICENCE CONDITIONS

    It is proposed the conditions outlined below are placed on stretched limousines:


       ISSUE               PROPOSED AMENDMENT                         JUSTIFICATION
1      Fare Table/         Limousines are not required to display     Stretched limousines do not usually
       Taximeter           a fare table or contain a taximeter.       operate under a fare system as journeys
                                                                      are generally pre-paid in advance based
                                                                      on the length of time they are hired for.
2      Maximum             Before accepting a booking, the            To inform customers of the maximum
       Passengers          operator must make it clear to the hirer   carrying capacity of the vehicle.
                           that the vehicle is licensed for no more
                           than 8 passengers.

3      Child Passengers    Where occupants in the vehicle are         For the safety of child passengers.
                           under the age of 16, a responsible
                           adult other than the driver must
                           accompany them.

4      Fire Extinguisher   The vehicle must contain a fully           For the safety of the vehicle occupants
       & First Aid Kit     functional portable multipurpose           (required under existing PHV conditions).
                           powder type fire extinguisher, which
                           bears a kite mark and is tested and
                           installed in accordance with HSE
                           requirements. The vehicle must also
                           carry a HSE approved First Aid Kit.

5      Alcohol             If passengers are under the age of 18,     For the protection of children from harm.
                           there should be no alcohol in the
                           vehicle for consumption or otherwise.

6      Entertainment       The licence holder shall not supply any    To safeguard child passengers from
                           media that, given its age classification   viewing unsuitable material.
                           or content, is unsuitable for the age of
                           the passengers in the vehicle.

                           The licence holder shall ensure that a     Many limousines have the capability of
                           performing rights licence is held where    playing recorded media for the
                           appropriate.                               entertainment of customers and are
                                                                      required to hold a performing rights
                                                                      licence.

7      Licence Plates      The proprietor must ensure that the        The naturally distinctive appearance of
                           personalised licence plate and front       stretched limousines means that they are
                           windscreen identification sticker          very unlikely to be confused with a
                           provided by the Council are affixed to     private road user’s vehicle. However,
                           the vehicle at all times.                  some clear means of identification is
                                                                      necessary for the purposes of public
                                                                      safety and enforcement. A “tax disc”
                                                                      style identification sticker in the front
                                                                      windscreen, and a discrete licence plate
                                                                      at the rear of the vehicle will achieve the
                                                                      right balance between being able to
                                                                      identify the vehicle as licensed, without
                                                                      detracting from the status of stretched
                                                                      limousines.
                                                       3
                                                                                     Appendix B
8    Council Notices   The proprietor shall when directed by     To convey information to passengers
                       an authorised officer of the Council,     where appropriate.
                       display and maintain any notices in a
                       conspicuous position.

9    Advertisements    No other signs, notices or any other      To ensure that any material displayed in
                       markings will be displayed on or in the   the limousine does not affect the safety
                       vehicle without the written permission    or comfort of passengers. Permission
                       of the Council.                           from the Council will not be unreasonably
                                                                 withheld.

10   Fog machines,     Use should comply with relevant Health To ensure public safety.
     lasers, fibre     and Safety regulations and should not
     optics, disco     be used in a manner, which is likely to
     balls, Jacuzzis   distract the limousine driver or other
                       road users.
11   Strobe Lights     Where strobe lights are to be used,     To ensure public safety.
                       those hiring the vehicle should be
                       verbally notified in advance and the
                       person making the booking notified,
                       both verbally and in writing. Strobe
                       lighting should not be used/be turned
                       off if so requested. Use should comply
                       with relevant Health and Safety
                       regulations and should not be used in a
                       manner, which is likely to distract the
                       limousine driver or other road users.

12   Glass mirrored    Need to be made of appropriate            To ensure public safety.
     ceilings          alternative to glass.




                                                   4
                            Appendix C




To be placed in front windscreen. This is
based on the disc used by London’s private hire
vehicles, of which there are over 38,000.




To be placed on the rear of the vehicle.
Rear plate is discrete yet readily identifiable
by CCTV and enforcement officers.
                                                                                   Appendix D
           Conditions Attached to Private Hire Limousine Proprietor’s Licences

1.   In this licence "authorised officer" has the same meaning as in Section 80 of the Local
     Government (Miscellaneous Provisions) Act 1976,

     the "Council" means the Council of the City of Manchester,

     "the personalised licence plate and windscreen sticker" means the plate and windscreen
     sticker issued by the Council for the purpose of identifying the vehicle as a private hire
     vehicle, and

     for the purpose of these conditions, “private hire vehicle” means ‘stretched limousine’, that
     is a motorised vehicle that has been lengthened by the insertion of an additional body
     section and modified by a coachbuilder to contain luxury facilities and fixtures:

      - That is capable of carrying up to, but not exceeding eight passengers
      - That could not currently be licensed by the council as a private hire vehicle (PHV).
      - That is NOT a decommissioned military or emergency service vehicle.

2.   The personalised licence plate and windscreen sticker issued by the Council shall be
     securely affixed to the exterior of the private hire vehicle by the Proprietor, in accordance
     with the reasonable instructions of an authorised Officer of the Council, but in such a
     manner as to be easily removable by an authorised Officer of the Council or a Police
     Constable.

3.   The Proprietor of the private hire vehicle shall ensure that the personalised licence plate
     and windscreen sticker are maintained and kept in such condition so that the information
     contained on the identification plates is clearly visible to public view at all times.

4.   The Proprietor of the private hire vehicle shall cause the number of the private hire
     vehicle's licence, granted by the Council in respect of the private hire vehicle, to be clearly
     marked and kept and maintained inside the vehicle in such a position as to be clearly
     visible at all times to persons being conveyed in the private hire vehicles.

5.   The Proprietor shall ensure the private hire vehicle shall be maintained in a sound
     mechanical and structural condition at all times and be capable of satisfying the Council's
     mechanical and structural inspection and the private hire limousine policy at any time
     during the continuation of the vehicle's licence in respect of the vehicle.

6.   The interior and exterior of the private hire vehicle shall be kept in a clean condition and
     maintained in a safe condition by the Proprietor.

7.   The private hire vehicle must be fitted with tyres that meet both the size and weight
     specification at all times for the duration of the licence.

8.   The Proprietor shall not allow the mechanical or structural specification of the private hire
     vehicle to be varied that it does not comply with the private hire limousine policy without
     the consent of the Council. Such consent will not be unreasonably withheld.

9.   Licensed private hire vehicles must be submitted for council testing twice a year in line
     with current PHV requirements.

10. Seatbelts must be fitted to all seats and must be worn at all times by passengers whilst
    the vehicle is in motion.

11. Any “glass” drinking-ware in the vehicle must be made of either toughened glass or
    plastic.


                                                                                                     1
                                                                                  Appendix D
12. Before accepting a booking, the operator must make it clear to the hirer that the vehicle is
    licensed for no more than 8 passengers.

13. Where occupants in the vehicle are under the age of 16, a responsible adult other than
    the driver must accompany them.

14. If passengers are under the age of 18, there should be no alcohol in the vehicle for
    consumption or otherwise.

15. The licence holder shall not supply any media that, given its age classification or content,
    is unsuitable for the age of the passengers in the vehicle.

16. The licence holder shall ensure that a performing rights licence is held where appropriate.

17. The vehicle must contain a fully functional portable multipurpose powder type fire
    extinguisher, which bears a kite mark and is tested and installed in accordance with HSE
    requirements. The vehicle must also carry a HSE approved First Aid Kit.

18. Use of fog machines, lasers, fibre optics, disco balls and Jacuzzis should comply with
    relevant Health and Safety regulations and should not be used in a manner which is likely
    to distract the private hire vehicle driver or other road users.

19. Where strobe lights are to be used, those hiring the vehicle should be verbally notified in
    advance and the person making the booking notified, both verbally and in writing. Strobe
    lighting should not be used/be turned off if so requested. Use should comply with relevant
    Health and Safety regulations and should not be used in a manner, which is likely to
    distract the private hire vehicle driver or other road users.

20. “Glass” mirrored ceilings must be made of an appropriate alternative to glass

21. The Proprietor of the private hire vehicle shall:

    a.   provide sufficient means by which any person in the private hire vehicle may
         communicate with the driver during the course of the hiring;

    b.   cause the interior of the vehicle to be kept wind and watertight;

    c.   provide any necessary windows and means of opening and closing with not less than
         one window on each side of the passenger compartment;

    d.   provide at least two doors for the use of persons conveyed in such private hire
         vehicle and separate means of ingress and egress for the driver;

    e.   cause the seats in the passenger compartment to be properly cushioned and
         covered;

    f.   cause the floor in the passenger compartment to be provided with a proper carpet,
         mat or other suitable covering;

    g.   cause fittings and furniture of the private hire vehicle to be kept in a clean condition
         and well maintained and in every way fit and safe for public use;

    h.   provide facilities for the conveyance of luggage safely and protected from inclement
         weather;

22. The Proprietor shall not cause or permit any sign, notice or advertisement to be displayed
    in, on or from the private hire vehicle except with the express consent of the City Council,



                                                                                                    2
                                                                                  Appendix D
    such consent will not be unreasonably withheld. Failure to obtain such express consent
    may render the vehicle's licence liable to immediate suspension.

23. The Proprietor shall cause to be affixed and maintained in a conspicuous position in
    accordance with the directions of an authorised officer of the Council any sign or notice
    reasonably required from time to time by the Council. Failure to properly display or
    maintain any signs or notices on the vehicles as required by the Council, may render the
    vehicle’s licence liable to immediate suspension.

24. The Proprietor shall not permit the private hire vehicle to be used to carry a greater
    number of passengers than the number prescribed in the licence.

25. The Proprietor shall not permit any animal belonging to or under the control of the
    Proprietor or the driver to ride in the vehicle and any animal of the hirer is to be conveyed
    in the rear of the vehicle (see also Condition 26). This condition will not apply in the case
    of a guide, hearing or other assistance dog which must be allowed to remain with the
    passenger.

26. Disabled persons or those who accompany them shall not be refused conveyance on the
    grounds that they are accompanied by a guide, hearing or other prescribed assistance
    dog. There shall be no additional charge for conveyance of the assistance dog and it
    shall be allowed to remain with the passenger. This condition will not apply if the driver
    concerned has applied for and been granted a medical exemption by Manchester City
    Council and is properly exhibiting a notice of such exemption in the private hire vehicle.

27. The Proprietor shall keep a copy of the private hire Driver’s Licence for all drivers driving
    his/her vehicle and produce the same to an authorised Officer or Police Constable on
    request.

28. The Proprietor shall ensure that no radio equipment is fitted to any of his/her private hire
    vehicles without the prior written consent of the Council where that radio equipment will
    allow the driver to communicate with an Operator.

29. The Proprietor shall ensure that any radio equipment fitted to the private hire vehicle is at
    all times kept in a safe and sound condition and maintained in proper working order.

30. The Proprietor of a private hire vehicle shall, within 7 days, disclose to the Council in
    writing details of any convictions imposed on him during the currency of his licence.

31. The Proprietor of the private hire vehicle shall keep in force in relation to the user of the
    vehicle a Policy of Insurance issued by an Insurance Company approved by the City
    Council and containing such cover as to the City Council shall specify from time to time
    and comply with the requirements of Part VI of the Road Traffic Act 1988. On being so
    required by an authorised Officer, the Proprietor shall produce to that Officer for
    examination, a Certificate of Insurance issued by the approved Insurance Company in
    respect of the vehicle for the purpose of Part VI of the Road Traffic Act 1988. If the
    Proprietor fails to produce such certificate to the Officer on request, the Proprietor shall
    within five days of such request, produce such certificate to the Officer or other authorised
    officer at the offices of the Licensing Unit at the Council.

32. Following a meeting of the Licensing & Appeals Committee on 17 September 2001, the
    following conditions were introduced:

         * With effect from 1 November 2001 no vehicle shall be licensed for the first time as a
         private hire vehicle if it is more than 7 years since the date of its first registration
         whether or not that registration is in this or any other country.



                                                                                                    3
                                                                                    Appendix D

    b.      With effect from 1 November 2006 the Council shall not renew the licence for any
          vehicle if it is more than 7 years since the date of its first registration in this or any
          other country.

    c.    The Council may waive the age restriction in the case of individual vehicles where an
          application is made and the Council considers there are exceptional circumstances.



         N.B. ** 23.b) relates to all licensing renewals.
              * 23.a) relates to all other circumstances.



Pursuant to Section 3 (7) of the Local Government (Miscellaneous Provisions) Act 1976,
any person aggrieved by any conditions attached to the grant of a licence, has the right
of appeal.

Any appeal must be made at Manchester Magistrates Court, Crown Square, Manchester
within 21 days of receipt.




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