Private Hire and Hackney Carriage Licensing Policy 2021 to 2026

The Council is responsible for licensing hackney carriage drivers (currently 34), private hire drivers (currently 318) and combined hackney carriage and private hire drivers (currently 380) operating within the Borough.

When an application is made for a hackney carriage or private hire driver licence the Council must be satisfied that the applicant is a fit and proper person before issuing the licence.  By law the Council shall not grant a drivers licence unless they are satisfied of this (S.51 & S.59 Local Government (Miscellaneous Provisions) Act 1976 refer).

The legislation is worded in such a way as to put the onus on the applicant to provide evidence that they are a fit and proper person, rather than for the Council to prove that they are not.

• Private hire driver licence conditions refer to Appendix A.
• Hackney carriage drivers notes refer to Appendix B.
• Code of conduct for all licensed drivers refer to Appendix C.
• Dress code for all licensed drivers refer to Appendix D.
• Consideration of Convictions, Cautions, Reprimands, Warnings, Complaints and Character refer to Appendix E.
• Enforcement, Discipline & Offences refer to Appendix F.
• Staying Safe Guidance for Passengers refer to Appendix Q.

Drivers and applicants are required to make themselves aware of and adhere to the above documents, so they are properly informed of what is expected of them and the repercussions for failing to do so.

Application Procedure

In assessing whether an applicant is a fit and proper person to hold a licence, the Council will consider as full a range of information available, when deciding whether to grant a licence and to meet the ongoing obligation to ensure a licensee remains suitable to hold a licence.

Driver New Grant Application

Apply online with the following documents:

• Application form
• Proof of Right To Work documentation
• Passport style colour photograph - full face, no hats, caps, sunglasses etc - uploaded
• Medical examination report unless the applicant is able to provide evidence that they hold a group 2 driving entitlement on their DVLA licence e.g. an HGV driver.
• Knowledge Test Pass Certificate
• Disclosure and Barring Service (DBS) application form with appropriate identity documents or DBS update service details
• Certificate Of Good Conduct or equivalent if applicant has spent 3 months or more living abroad or has not lived in the UK for a continuous five-year period
• Tees Valley Taxi Driving Assessment test pass certificate
• DVLA driving licence check code
• HMRC Tax Check Code if hold or have held a licence with this or another authority
• Safeguarding awareness training pass certificate
• Licence fee

Knowledge Test Only Application

Apply online with the following documents:

• Knowledge test application form
• Passport style colour photograph - full face, no hats, caps, sunglasses etc - uploaded
• DVLA driving licence check code
• Test fee

Driver Renewal Application

Holders of existing driver licences should apply to renew their licence in the month preceding the expiry date and ideally renewal applications should be submitted at least 15 working days prior to the expiry of the current licence so as to allow for the production of the new licence.  The legislation does not allow for continuity of a licence.  Drivers who expect to be out of the country at the time their licence expires must contact the Council before they leave so that renewal arrangements can be made. 

The Council will accept driver renewal applications submitted up to seven days after the expiry date.  Renewal applications received after this time will not be accepted for processing and a new licence application will need to be made.

Apply online with the following documents:

• Application form
• DVLA driving licence check code
• HMRC Tax Check Code
• DBS update service details
• Medical examination report, if required
• Passport style colour photograph - full face, no hats, caps, sunglasses etc - uploaded
• Safeguarding Awareness Training pass certificate
• Licence fee

DVLA Licence Checks

The Council will conduct checks on a driver's DVLA licence to ensure that it is valid and that there are no endorsements on the licence which would make that person a risk to the public.  These checks will be carried out for each new driver licence application and at least annually thereafter.

HMRC Tax Checks

The Council are required by the Home Office to check all driver and private hire operator renewal applications for compliance with tax conditionality. The trade must be registered to pay tax before renewal dates and if not registered the Licensing Service cannot make a decision on an application and the licence will expire. Visit GOV.UK for registration information.

Disclosure and Barring Service (DBS) Criminal Records Check

DBS enhanced certificates with a check of the barred lists include details of spent and unspent convictions recorded on the Police National Computer (PNC), any additional information which a Chief Officer of Police believes to be relevant and ought to be disclosed, as well as indicating whether the individual is barred from working in regulated activity with children or adults are required.

Subscription to the DBS Update Service allows those with standard and enhanced certificates to keep these up to date online and, with the individual's consent, allows the Council to check the status of a certificate online at any time using the Multiple Status Check Facility (MSCF). Subscription to the service removes the need for new certificates to be requested, reduces the administrative burden and mitigates potential delays in relicensing.

Drivers will be required to undertake an enhanced disclosure status check every 6 months. All licensed drivers are required to evidence continuous registration with the DBS update service to enable the Council to routinely use the MSCF to check for new information. Should the MSCF advise that new information is available the DBS certificate should no longer be relied upon and a new DBS certificate requested at an extra cost to the licensee if they do not subscribe to the DBS update service. 

National Register of Taxi and Private Hire Vehicle Driver Refusals and Revocations (NR3S)

The Council will conduct checks on the NR3S to ensure new and renewal applicants disclosure of relevant information. The Council will keep a complete and accurate record as to the reasons for refusal, suspension or revocation of a licence in order that this might be shared with other licensing authorities, if requested and appropriate to do so. The Council will also add any suspended or revoked driver and refused applicants to the NR3. Further information can be found on the National Register of Taxi and Private Hire Licence Revocations and Refusals 

Driver experience/ knowledge/locality test/training

A driver licence cannot be granted to anyone who has not held a full driving licence for a period of at least twelve months. Only full driving licences issued in the UK, the European Community (EC) or one of the other countries in the European Economic Area (EEA) or from some designated countries that have exchange agreements with the UK, will count towards this qualification requirement. Equal recognition can now also be given to Northern Ireland driving licences. Further details can be found on the DVLA website. 

New applicants are required to have passed the Tees Valley Taxi Assessment Driving Test, operated by Hartlepool Borough Council and approved by Stockton Borough Council and produce a pass certificate.

New applicants are required to sit and pass a knowledge test, including oral and written English language skills. If a driver does not renew their licence and 6 months lapses before re-applying, a new test certificate will be required. Guidance on knowledge tests requirements can be found on the Council website. If a new applicant or existing licence holder's level of English oral language skills raise concerns the application will be referred to an authorised officer and remedial action such as enrolment on an ESOL course may be required. 

To enhance the professional image of the private hire and hackney carriage trade and to enhance related skills and knowledge, all drivers and private hire operators (or a representative of the licensed company) are encouraged, if they have not already done so, to successfully complete a level 2 course when funding is available examples can be found on the Edexcel website.

Safeguarding and County Lines Training

Those in the taxi and private hire vehicle industry can play an important role in spotting and reporting the abuse, exploitation or neglect of children and vulnerable adults. As with any group of people, it is overwhelmingly the case that those within the industry can be an asset in the detection and prevention of abuse or neglect of children and vulnerable adults. However, this is only the case if they are aware of and alert to the signs of potential abuse and know where to turn to if they suspect that a child or vulnerable adult is at risk of harm or is in immediate danger.

New applicants and existing drivers at renewal are also required to undertake safeguarding training which also includes county lines exploitation which includes information on:

• providing a safe and suitable service to vulnerable passengers of all ages
• recognising what makes a person vulnerable; and
• understanding how to respond, including how to report safeguarding concerns and where to get advice

County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs (primarily crack cocaine and heroin) into one or more importing areas [within the UK], using dedicated mobile phone lines or other form of "deal line". The national road network is key to the transportation of county lines victims, drugs and cash; with hire vehicles being one of the methods used for transportation between locations. The licensed trade should be aware of the following warning signs:

• children and young people travelling in hackney carriage or private hire vehicles alone
• travelling at unusual hours (during school time, early in the morning or late at night
• travelling long distances
• unfamiliar with the local area or do not have a local accent
• paying for journeys with cash or prepaid

If anyone believes a child or a vulnerable person is at immediate risk of harm, they should contact the Police, if the risk is not immediate, they should call Crime stoppers on 0800555111 and use the local safeguarding process.

Drug testing

The Council will conduct drug tests on drivers on an intelligence led and random basis. Positive drug test results or a failure to comply with a request for a drug test may result in the suspension or revocation of a drivers licence.

No Smoking Policy

Drivers should not smoke cigarettes, tobacco products, vapes or e-cigarettes whilst in a licensed vehicle. In addition, cigarettes, tobacco products, vapes or e-cigarettes should not be smoked in a private hire operator's premise which is open to the public. This is in line with the requirements of the Council's own No Smoking Policy which includes vapes and e-cigarettes.

Applicants who have spent time abroad

Where an applicant has spent 3 months or more living abroad or has not lived in the UK for a continuous five year period at the time of the application, they will be required to provide a Certificate of Good Conduct or an equivalent document, translated into English, from each county where they have been resident/domiciled. Where an individual is aware that they have committed an offence overseas which may be equivalent to those listed in the Appendix E of this document, they are advised to seek independent expert or legal advice to ensure that they provide information that is truthful and accurate.

Voluntary Return of Licence

Any request to return a licence shall be made in writing and the Council will consider each case on its merits. The Council is unlikely to accept the voluntary return of the licence for those currently under investigation and will continue with the proposed disciplinary action.

Duties and Obligations Under Equality Act 2010

The Council has agreed that it will maintain a list of "designated vehicles", (that is, a list of licensed wheelchair accessible HCVs and PHVs) under the provisions of Section 167 of the Equality Act 2010.  The consequence of being on this list is that the driver of the vehicle must undertake the duties to assist passengers who use wheelchairs and comply with other obligations, unless an exemption has been issued by the Council.

Licensed drivers are also under a duty under this legislation to carry guide, hearing and other prescribed Assistance Dogs in their vehicles without additional charge.  Drivers who have a medical condition which is aggravated by exposure to dogs, may apply to the Council for an exemption from this duty, under medical grounds. A medical certificate must be provided at the driver's expense, from the driver's own GP, stating the details of their medical condition. A register will be kept of exempt drivers.

Medical Assessment

In line with DVLA guidelines, the Council applies the DVLA Group 2 driver standards for the medical fitness of hackney carriage and private hire drivers.  This is a higher medical standard than that required of drivers of other motor vehicles and is required due to the length of time the driver may spend at the wheel and the responsibility they have for the safety of their passengers and the public. A medical assessment is not needed for those with a provisional or current HGV entitlement on the understanding a medical examination has already been carried out to gain this entitlement.