Private hire operators condition of licence
1. These conditions were made pursuant to Section 55 of the Local Government (Miscellaneous Provisions) Act 1976. Breach of one or more of these conditions may lead to suspension, revocation or refusal to renew the licence pursuant to Section 62 of the said Act and/or prosecution should there be an offence under Taxi Licensing law.
2. In this licence:
"the Act" is the Local Government (Miscellaneous Provisions) Act 1976.
"the council" means Swansea Council.
"authorised officer" has the same meaning as in Section 80 of the Local Government (Miscellaneous Provisions) Act 1976.
"the licence" means a private hire operators licence granted pursuant to Section 55 of the Act.
"the operator" is the holder of the licence.
"operate" is to operate a vehicle in the course of business pursuant to the licence.
"private hire vehicle" is a vehicle which is currently licensed by the council under Section 48 of the Act.
"vehicle licence number" is the number allocated by the council to a licence granted for a private hire vehicle licensed under Section 48 of the Act or a hackney carriage licensed under Section 37 of the Town Police Clauses Act 1847.
"driver licence number" is the number allocated by the council to a licence granted to the driver under Section 51 of the Act or, in the case of a hackney carriage driver, under Section 46 of the Town Police Clauses Act 1847.
"the district" is the city and county of Swansea.
3. On payment of the necessary fee, the licence remains in force for one year, unless suspended or revoked by the council and the expiry date will be the last day of the month preceding the month of issue.
4. The operator's licence may not be transferred to any other person, unless renewed, it must be returned to the licensing office.
5. The licence holder shall provide to the council details of the premises from which the private hire business will be carried on, and of the facilities provided for the repair and maintenance of vehicles. The licence holder shall ensure that they comply with all other statutory requirements. In particular the licence holder shall ensure that they obtain the necessary planning permission.
6. The operator shall not operate any vehicle as a private hire vehicle within the district unless the vehicle and driver are licensed by the council.
7. The operator shall not operate any vehicle as a private hire vehicle if the council notifies him/her that the vehicle is not suitable for use as a private hire vehicle.
8. The licence holder shall provide and keep a suitable register of bookings in which shall be entered before the start of each journey the following particulars for each contract of hire:
a. The date and time of hire.
b. The pick-up point.
c. The place of destination.
d. The name of the hirer.
e. The licence number of the vehicle used.
f. The details of the driver.
g. The fare charged.
The operator must ensure that the information relating to the bookings is recorded contemporaneously in the register. Please note: the practice of entering information at a later stage from notes or other ad hoc system is a contravention of this condition. The form of register shall be in the form of a bound book, the pages of which shall be numbered consecutively or where satisfactory arrangements are made for inspection may take the form of a computerised booking system. Where the records are held in a computerised format they must be capable of being readily printed and produced on demand to an authorised officer or Police Officer. They may be detained by such officer as evidence, should the need arise. The records shall be retained for a period of six months from the date of the last entry.
9. The operator shall provide and keep a register of Private Hire Drivers in the form of a bound book, which shall be retained for a period of not less than twelve months from the date of the last entry. The following information shall be recorded:
a. name of the driver;
b. badge number issued by the local authority;
c. date driver commenced working for the operator;
d. date driver ceased working for the operator.
10. The operator shall provide and keep a register of vehicles in the form of a bound book which shall be retained for a period of not less than twelve months from the date of last entry. The following information shall be recorded:
a. make/model of the vehicle;
b. vehicle registration number;
c. licence number issued by the local authority;
d. proprietor of the vehicle;
e. date vehicle commenced operating from the office;
f. date vehicle ceased operating from the office.
11. The operator shall retain, the Vehicle Licence or a certified copy of it in respect of all vehicles operating from the office and shall immediately produce the same when required by an authorised officer or Police Officer.
12. The operator shall retain, the Private Hire Drivers Licence (and/or the Hackney Carriage Drivers Licence where applicable) or a certified copy of it in respect of all drivers operating from the office and shall produce the same when required by an authorised officer or Police Officer.
13. The operator shall so far as is reasonably practicable provide a prompt, efficient and reliable service and shall in particular do everything necessary to ensure that vehicles attend punctually at the time and place agreed with the passenger.
14. The operator must ensure that all vehicles used are clean, and in good mechanical condition.
15. The operator must inform the council's Licensing Office, in writing, within 3 working days of any conviction or caution for any offence.
16. The operator must inform the council's Licensing Office, in writing, within 3 working days of any damage to any vehicle employed.
17. The operator must ensure that a copy of these conditions is prominently displayed at their office for viewing by passengers.
18. The operator must ensure that a copy of the conditions attached to Private Hire Vehicle Licences is prominently displayed in their office.
19. The operator must ensure that a notice is prominently displayed in their office showing the telephone number of the Licensing Office for use in case of complaints.
20. Where a complaint is investigated by an officer of the council, the operator shall provide all reasonable assistance to the officer conducting the enquiry.
21. The operator must ensure that a copy of the conditions attached to Private Hire Driver's Licences is prominently displayed in their office.
22. The operator must ensure, at the start of any shift, by examining the vehicle, that the signs and plate are displayed on the vehicle in the correct positions.
23. The operator must ensure that drivers employed, in addition to wearing their badges, at all times whilst on duty, display a second badge on the fascia of the car in a prominent position as to be plainly visible to all passengers.
24. No repairs to vehicles, other than the usual fluid checks and like maintenance shall be undertaken on the roadway.
25. The operator shall ensure that where any passenger waiting area or room is provided, it is kept physically separate from any operations room.
26. The operator, where a waiting area or room is provided for the use of passengers or prospective passengers shall:
a. provide seating for the use by those passengers or prospective passengers;
b. ensure that such room or area is kept clean, adequately heated, ventilated and lit;
c. ensure that the interior and exterior of the premises is kept in good repair to the satisfaction of the authorised officer.
27. The operator shall not conduct his business in such a way as to cause a nuisance to any residential occupiers or any other occupiers of land.
28. The operator shall ensure that all radio equipment used in the course of his business is:
a. maintained in sound working condition at all times;
b. annually inspected at the operator's expense and certified to be in good condition by a reputable company, such certificate to be made available for inspection on request by an authorised officer of the council or any Police Officer; and
c. complies with and is operated in accordance with current legislation.
29. The operator shall not install or permit the use of two-way radio equipment in any vehicle operated by him in the course of business without first notifying the insurers of the vehicle and having their confirmation endorsed on the certificate of motor insurance.
30. No Citizen Band Radio equipment shall be fitted to or used in any vehicle.
31. The operator shall ensure that where a domestic or car radio or similar set is fitted to a vehicle, its operation shall not cause annoyance to other persons by reason of loud continuous or repeated use.
32. The operator shall not use in connection with his business any radio equipment that is capable of scanning more than one frequency and no such equipment shall be carried in any vehicle operated by him nor sited on any premises used by him in connection with his business.
33. The operator shall ensure that the words "taxi", "taxis" are not displayed on any private hire vehicle operated by him.
34. The operator shall not cause or permit any vehicle operated by him to be used to ply for hire in any public place unless it is a licensed hackney carriage.
35. The operator shall not cause or permit any vehicle operated by him to be used in contravention of any legal requirements or provisions.
36. The operator shall ensure that any advertisements relating to his business displayed on any private hire vehicle operated by him complies with the council's Advertising Policy.
37. When operating a hackney carriage as a private hire vehicle the operator shall comply with these conditions to the same extent as if the vehicle were a licensed private hire vehicle.