REV 23/03/2020
Intended Use Policy for the Licensing of Hackney Carriages – Adopted by Cabinet
Committee on 05/10/2015
Reasons for Policy:
The Council wishes to ensure that applications for the granting of hackney carriage licences
are determined in accordance with the aim of maintaining the safety of the public through
having safe vehicles, fit and proper drivers and appropriate conditions of hire. This is best
achieved through a licensing regime that can be applied and enforced by the local Licensing
Authority as described by the High Court in its judgement and the declaration made in the
case of Newcastle City Council v Berwick upon Tweed Council [2008].
Applications for the New Grant and Renewal of a Hackney Carriage Licence:
Applicants for new hackney carriage vehicle proprietor licences and renewals of licences
shall be expected to demonstrate a bona fide intention to ply for hire within the local
authority area of the Borough of Rochdale under the terms of the licence for which
application is being made.
Each application will be decided on its merits. However, there will be a presumption that
applicants who do not intend to entirely or predominantly ply for hire within the local
authority area of the Borough of Rochdale, will not be granted a hackney carriagevehicle
licence authorising them to do so.
Even where the applicant intends to ply for hire, to a material extent, in the Borough of
Rochdale local authority area, if the intention is also to trade in another authority’s area for a
substantial amount of time (and it appears that the purpose of the legislation and public
safety will be frustrated) then, subject to the merits of the particular application, there will be
a presumption that the application will be refused.
All applicants will be expected to complete an intended use declaration as part of the
application process.
Transfer of Ownership of Hackney Carriage:
The transferee of a licensed hackney carriage shall be asked to inform the Authority
whether they have a bona fide intention to ply for hire within the Borough of Rochdale local
authority area. Transferees should note the obligation under Section 73 of the Local
Government (Miscellaneous Provisions) Act 1976 to give to an Authorised Officer,
information which may reasonably be required by him/her for the purpose of carrying out
his/her functions under the legislation.
Transferees of existing licences shall be expected to have a bona fide intention to ply for
hire with the Borough of Rochdale local authority area under the terms of the licence in
respect of the vehicle being transferred.
Where the transferee of a licensed hackney carriage is found to have no intention to ply for
hire, to a material extent, within the Borough of Rochdale local authority area and/or intends
to trade in another local authority area also for a substantial amount of time (and it appears
that the purpose of the legislation and public safety will be frustrated) then, subject to the
merits of the particular case, consideration will be given (either at renewal or earlier) to the
suspension or revocation of the licence. Where the transferee proposes to operate remotely
from the Borough of Rochdale, there will be a presumption that his licence will be revoked.
Each case will be decided on its merits.