1.2 The commencement date for the taxi and private hire deregulation measures set out
in the Act has been set by the Deregulation Act 2015 (Commencement No. 1 and
Transitional and Saving Provisions) Order 2015. Section 10 of the Deregulation Act
2015 will come in to force on 1 October 2015.
1.3 Section 10 (Taxis and private hire vehicles: duration of licences): amends two
sections of the Local Government (Miscellaneous Provisions) Act 1976 that deals
with the granting of licences to drive taxis and private hire vehicles and licences to
operate private hire vehicles.
1.4 Subsection (2) changes the law so as to establish a standard licence period of three
years for taxi and private hire vehicle driver licences. The section specifies that a
licence may be granted for a period of less than three years but only in the
circumstances of an individual case, not because of a ‘blanket’ policy.
1.5 Subsection (3) changes the law so as to establish a standard licence period of five
years for a private hire vehicle operator licence. The section specifies that a licence
may be granted for a period of less than five years but only in the circumstances of
an individual case, not because of a ‘blanket’ policy.
1.6 Currently Derbyshire Dales District Council issues taxi driver licences (combined
private hire and hackney carriage) for a 1-year period. The Act requires that from 1
October, these licences are to be issued for no less than three years as a standard.
However, if there is good reason to, the Licensing Authority may still grant for a
lesser period if appropriate, and taking into account the circumstances of a particular
case. Such a case should be exceptional eg. if there is doubt as to the fit and proper
status of a driver, which may merit a probationary period of less than 3 years, rather
than outright refusal. This would require a Committee decision.
1.7 Private hire operators’ licences are currently issued by Derbyshire Dales District
Council for a 3-year period. From 1
October 2015, the Act requires private hire
operator licences to be granted for a minimum period of 5 years. As with driver
licences, a lesser period may be granted, but only in exceptional circumstances, and
this would require a Committee decision.
1.8 The changes to the licence periods will need to be reflected in the cost of the licence.
Procedures will also need to be updated to ensure drivers and operators remain ‘fit
and proper’ during these extended periods, specifically in terms of monitoring for
compliance with licence conditions. Whilst there will be a reduced burden on staffing
resources for processing applications, there will be a need for increased resources to
monitor compliance with licensing conditions during the longer licence periods.
1.9 There are currently 114 licensed hackney carriage/private hire vehicle drivers in
Derbyshire Dales. 13 of these are due to renew their licences in October 2015.
There are currently 23 licensed private hire operators in Derbyshire Dales. None are
due for renewal in October but two are due to renew in November 2015.
1.10 Setting of Fees
Local Government Miscellaneous Provisions Act (1976) (LGMPA) prescribes either
that the fee in respect of the grant of vehicle and operator licences should be set at
£25 or that it may be set at “such other sum as the Council may from time to time
determine” subject to: