IMPORTANT NOTE: If you fail without reasonable excuse to comply with these conditions, the Licensing Authority may consider that this amounts to reasonable cause to suspend, revoke or refuse to renew this Licence, subject to each case being considered on its merits.
Private Hire Operator Licence Conditions
The following conditions shall apply to Private Hire Operator Licences issued by Torbay Council by virtue of the Local Government (Miscellaneous Provisions) Act 1976, s55(3).
In these conditions reference to the words “you or your” shall mean the person named in this licence and where that person is a Limited Company, that Company.
1.0 Standards of Service
1.1 At all reasonable times provide a punctual, well-organised and reliable service to members of the public and:
- Ensure that when a Private Hire vehicle has been hired to be at a place at a pre-arranged time, that the vehicle, unless delayed or prevented by a reasonable cause, attends on time at that place;
- Ensure that any premises that you provide for accepting bookings when it is open to the public is safe, well maintained, clean, heated, ventilated and well lit, and that any seating that you provide is safe, comfortable and free from defect;
- Ensure that any telephone facilities and radio equipment provided are maintained in sound condition (e.g. is fit for purpose) and that any defects are repaired promptly; and
- Ensure that any vehicle provided by you for any booking is safe, clean, well maintained and free from defect.
2.0 Convictions, Cautions or Fixed Penalty Notices
2.1 If you are convicted of any offence (this includes motoring and criminal offences), given a formal caution for any offence or have any fixed penalty notice imposed on you, then you must write to the Licensing Authority giving full details of the offence(s), caution(s) or fixed penalty notice(s) within seven days.
3.0 Operator Office Location
3.1 The office must be located within Torbay to enable any authorised officer access to the premises or any records as required by statutes or conditions.
4.0 Records
4.1 Keep at the operator base specified in this Licence, a bound book, the pages of which are numbered consecutively or a computer record in a form which has been approved by the Licensing Authority in writing; and enter or ensure that there is entered in the book or computer record, details of every booking of a Private Hire vehicle invited or accepted by you at the time the booking is made. The records shall contain the following details:
- The time and date the booking was made;
- The name and address of the hirer;
- How the booking was made (i.e. by telephone, personal call, etc);
- The time of the pick-up;
- The address of the pick-up;
- The address of the destination;
- The time at which a driver was allocated to the booking;
- The licence number of the vehicle allocated to the booking;
- The name and licence number of the driver allocated to the booking;
- Remarks (including details of any sub-contract); and
- The time and date the entry was made and the name of the person making it.
4.2 Keep the records required under (1) above at the operator base specified in this Licence for a period of not less than 10 working days from the date on which they are made.
4.3 Keep at the operator base specified in this Licence, details of all the Private Hire vehicles currently operated by you under this Licence. Those records shall contain:
- The licence number of the vehicle;
- The issue and expiry date of the licence;
- The make and registration number of the vehicle;
- The name and address of the proprietor of the vehicle; and
- The call sign allocated to the vehicle.
4.4 Keep or ensure that details of all licences held by Private Hire vehicle drivers currently employed by you or by the proprietor of any Private Hire vehicle which obtains bookings from you are kept at the operator base. Those records shall contain:
- The name and address of the driver;
- The issue and expiry date of his/her licence; and
- The driver’s licence number.
4.5 Keep for not less than 6 months following the date of the last entry, all records required to be kept by these conditions and produce them when required to do so by an Authorised Officer of the Licensing Authority or a Police Constable within 3 working days.
5.0 Computer Records
5.1 Where you use a computer to maintain the records required by these conditions you shall ensure that it is lawful for an Authorised Officer of the Licensing Authority or a Police Constable to have access to those records in accordance with the Data Protection Acts or any subsequent legislation relating to the storage and access to computer records.
5.2 Where any record required under these conditions is made on a computer, the computer program shall be designed to show the time an entry is made and to prevent alterations being made to any data that has been entered and stored on the program.
5.3 Where any records are kept on a computer, a facility to print a copy of any record held on any such computer and shall produce them when requested to do so by an Authorised Officer of the Licensing Authority or a Police Constable.
6.0 Change of Circumstance
6.1 If there is any change in any of the circumstances on which the licence was granted, you must provide written details of any changes within 5 working days of the change taking place.
7.0 Change of Address
7.1 If you move your home or business address, you must provide written details to the Licensing Authority within 5 working days of the change taking place.
8.0 Radio
8.1 No device, which can scan radio transmissions, shall be installed, carried or used in or on any premises named within this Licence (this shall not apply to a radio used for the purpose of passing messages to a Private Hire, which is supplied bookings, by the holder of this licence).
9.0 Deposit of Driver and Vehicle Licenses
9.1 Any operator who employs or permits anyone to drive any licensed vehicle owned by them will ensure that the authorised drivers’ Torbay Council issued dual drivers licence is deposited with him during the period that the driver is employed or permitted to drive, the licence must be returned to the driver at the end of that period. Any vehicle employed or used by an operator must be licensed and the proprietor of the vehicle shall deposit his vehicle licence with the operator during the period that his vehicle is so employed. The operator must return the licence to the vehicle proprietor at the end of the period