Guidance notes for Private Hire Operator Licence applicants

Please ensure you read through these guidance notes prior to applying.

These notes are intended to assist you in completing this application form.

When should I use this form?

You should use this form when applying for an Operator’s Licence for the first time (a Grant) or on renewal. Your Operator’s Licence is valid for a period of five years.

Renewal applicants: You must make your renewal application at least 10 days before the expiry of your existing licence.  Failure to renew your licence before it expires (or not complete the form correctly) will mean that you cannot continue to operate your business and your application will be treated as a new application (along with a grant fee) and not a renewal.

You may also be required to use this form for substantial changes to the licence e.g. as in a change of director. If this is the case, please contact the licensing section for advice at licensing@charnwood.gov.uk.

How much does it cost to renew my licence?

A fee is payable for the grant or renewal of a licence. The size of the fee depends upon the number of vehicles that you operate. View the fees and charges.

Once your application has been received and accepted as correct and complete, a member of the Licensing section will contact you to take payment over the telephone by Debit or Credit card. Please make sure that the Licensing Section has your correct contact details, i.e., email, telephone number.   

This fee will NOT be refunded if you withdraw your application or if the application is refused.  If your cheque is dishonoured your licence will be void from the date on which it is issued which will prevent the business from working.

Joint applications

If you are applying with someone else you only need to complete the one application form but must answer on behalf of all partners. All partners must sign the declaration and provide all relevant data/documents required.

Company applications

If you are applying in the name of a company, then the form should be completed and signed by the Company Secretary. If no company secretary all directors should sign.

Important - other legislation

There may be other consents that you require in order to carry on a business as a private hire vehicle operator.  You must obtain all necessary consents before you start to operate.

The applicant’s premises MUST be within the Borough of Charnwood. (Those based outside the Borough prior to the Charnwood Borough Council Hackney Carriage and Private Hire Policy being introduced on 1^st April 2017, continue to have grandfather rights to that agreement, unless they let their existing operator’s licence lapse). 

Any premises maintained by the applicant for a private hire operator’s licence may require planning permission for that usage. It is advised that applicants seek advice of the Planning Authority BEFORE making an application for a private hire operator’s licence or commencing the use of premises under such a licence.

The grant of an operator’s licence does not override the requirement for planning permission to allow the use of a premise as a private hire operator’s base.

Premises failing to obtain or comply with planning permission where required may be liable to planning enforcement action.

If the applicant proposes to allow members of the public to wait at the premises from which the applicant intends to operate, before granting the operator’s licence, a Licensing Enforcement Officer (s), will inspect the premises to ensure that they are suitable for accommodating members of the public and are properly furnished.

Other documentation

References

Two character references will be required from persons of standing within the community or a professional person who has known the applicant for at least two years. 

The person providing the reference must not be related to the applicant.  Please see Appendix A for further details. References are not required if you are already a licensed hackney carriage/private hire driver with Charnwood Borough Council. 

If a reference is to be obtained from a Director or Secretary of a Limited Company, it must be a Director/Secretary from a different limited company, not a fellow director of the company applying.

Certificate of Good Conduct

Due to the potential lifetime relevance for some of the most serious offences mentioned in this Policy, the Council will need to ensure that sufficient background checks are conducted for those applicants that have lived overseas.

Private Hire Operators (who are not a licensed driver with Charnwood) will be required to provide a Certificate of Good Conduct from the embassy of every country where they have been domiciled before entering the UK (after the age of 10 years old) which must be no older than three months at time of presentation. The Certificate of Good Conduct must be translated into English at the applicants own cost.

If an existing Private Hire Operator has spent three continuous months (or more) living or on holiday overseas, the Council will need to see evidence of a criminal record check from the country / countries visited, covering the period that the applicant was overseas.

Any new applicant who has been granted or is awaiting a decision to be granted asylum or refugee status will not be required to produce a certificate from the country they are claiming asylum from; evidence of this must be provided. The NEW applicant will, however be required to obtain a certificate from any other country they have lived.  

Where a person has spent three months or more, on active service, or any similar deployments abroad as a member of the British Armed Forces, then they will be exempt from the requirement to provide a Certificate of Good Conduct.

Basic Disclosure - Disclosure Barring Service (DBS) and Statutory Declaration required (for non- licensed driver)

A person applying for the grant or renewal of a private hire operator’s licence who is not currently a licensed driver with the Council is required to:

• Provide a Basic Disclosure from Disclosure and Barring Service (DBS) http://www.gov.uk/basic-dbs-check (if you need telephone or face to face support to apply on line, call the DBS helpline on 03000 200 190 or email customer         services@dbs.gsi.gov.uk
• This is a basic record of any criminal convictions. It would not include details of any ‘spent convictions’, but these should be detailed in the Statutory Declaration.
• Provide a ‘Statutory Declaration’ – this is a document that is provided by the applicant in which she/he would give details of any convictions against them.  The document is prepared by the applicant’s solicitor and the applicant swears on oath that the information is correct.  Should it subsequently be shown that the applicant has lied on their Statutory Declaration, she/he may be prosecuted for perjury. A ‘Statutory Declaration’ form is obtainable on the Councils web site or by contacting the licensing section on licensing@charnwood.gov.uk.

A ‘Right to a licence’ in the UK

If a new Applicant you MUST demonstrate that you have the right to work in the UK and are not subject to a condition preventing them from doing work relating to the carrying on work as a licensed driver.

If the Licensing Section have previously received documentation from List A as part of your combined Driver application, that confirms you have indefinite right to remain in the UK, no further action is required.

For those who have limited permission to be in the UK, the Licensing Section must repeat the ‘Right to Licence ‘check at each subsequent application to renew or to extend the licence until such time as the applicant demonstrates that they are entitled to remain indefinitely in the UK.

The UK left the European Union (EU) on the December 31, 2020. On January 1, 2021 a grace period began, during which time relevant aspects of free movement were saved to allow eligible EU, EEA and Swiss (EEA) citizens and their family member’s resident in the UK by December 31, 2020 to apply to the EU Settlement Scheme (EUSS). Since July 1, 2021, EEA citizens and their family members require immigration status in the UK, in the same way as other foreign nationals. The Home Office, changed the list of acceptable documents to remove the requirement of EEA passports, national identity cards and specified EEA Regulations documents, which only confirmed the individual’s nationality or that they were exercising EEA Treaty Rights.

The Home Office have provided a list of acceptable documents to allow a manual Right to Licence check. Those that previously provided original documents that have since been removed from this list will be required to repeat the Right to Licence check.

    An applicant can do this in one of two ways:

1. By providing their ‘share code’ to enable the Licensing Authority to carry out a check using the Home Office online right to work checking service (see details below); or
2. By providing a document or document combination that is stipulated as being suitable for this check. The list of documents is available here.

An alternative to providing original documents, applicants may demonstrate their right to work by allowing the Licensing Authority to carry out a check with the Home Office online right to work checking service. To demonstrate their right to work via the Home Office online right to work checking service, applicants should include on their application form, their 9-digit share code (provided to them upon accessing the service at www.gov.uk/prove-right-to-work which, along with the applicant’s date of birth (provided within their application), will allow the Licensing Authority to carry out the check.

Please note the Right to Licence share code is only valid for 30 days.

HMRC Tax Check

The Finance Bill 2021 contained a clause that introduced a tax conditionality to licence applications made on or after the 4^th April 2022.

From April 4, 2022, the rules are changing if you apply for a private hire operator’s licence.

If you are an individual, company or any type of partnership you must complete a tax check if you are;

• Renewing a licence
• Applying for the same of type of licence you previously held, that ceased to be valid less than a year ago
• Applying for the same type of licence you already hold with another licensing authority.

You DO NOT need to complete a tax check if you have.

• Never held a licence of the same type before (i.e., it is your first application/grant)
• Had a licence of the same type that ceased to be valid a year or more before making this application.

In these circumstances you should follow the guidance on the Government website. 

What a Tax Check is

A tax check confirms that you are registered for tax, if necessary.

After you have completed the tax check you will be given a code.  You must give this code to the Licensing Section with your licence application – the Licensing Section cannot process the application without it.

Tax codes expire after 120 days. If you should make another application for a licence after this time you will need to carry out a new tax check for it.

If you are a partner making a licence application on behalf of a partnership you must complete a tax check for yourself. Your licensing authority will tell you if any other partners also need to complete a tax check.     

Please note the HMRC tax check is only valid for 120 days.

Safeguarding Vulnerable Passengers Training 

Each applicant/Director must satisfy the Council that they are fit and proper to be granted a private hire operator’s licence, (unless they are already a current licensed driver with Charnwood Borough Council) and are required to undertake and pass the Safeguarding Vulnerable Passenger Training before a licence is issued.

Find details of the current Safeguarding eLearning Course

No licence will be issued without attending the course and providing the Council with a satisfactory pass certificate of each applicant/director.

Booking and Dispatch Staff

Private hire vehicle drivers are not the only direct contact that private hire vehicle users have with private hire vehicle operators’ staff, for example a person taking bookings (be it by phone or in person). A vehicle dispatcher decides which driver to send to a user, a position that could be exploited by those seeking to exploit children and vulnerable adults. It is therefore appropriate that all staff that have contact with private hire vehicle users and the dispatching of vehicles should not present an undue risk to the public or the safeguarding of children and vulnerable adults.

Licensing authorities should be satisfied that private hire vehicle operators can demonstrate that all staff that have contact with the public and/or oversee the dispatching of vehicles do not pose a risk to the public.

It is a condition of granting an operator licence, that you are required to keep an up to date register of all staff that will take bookings or dispatch vehicles. 

Basic DBS Disclosure

Any staff listed on your register of ‘booking and dispatch staff’ should have provided, as part of their employment contract, a recent Basic DBS Disclosure.  These checks should be be conducted on any individuals added to the register and be compatible with the company’s policy on ‘employing ex-offenders’.   

A record that the operator has had sight of a basic DBS certificate should be stated and retained for the duration that the individual remains on the registers ( the actual certificate itself should not be retained by the operator.) 

Should a member of the booking and dispatch staff leave and return a new Basic DBS Certificate is required and a record made that the new DBS certificate has been seen.

The register is required to be a ‘living document’ that maintains records of all those in the role of booking and dispatch staff for the same duration as booking records are required to be kept i.e. 6 months.

Employing Ex-Offenders Policy

Every Private Hire Operator applicant, on applying and on renewal, will be required to provide a copy of their policy on employing ex-offenders in roles of ‘Booking and Dispatch Staff.’ 

Declaration

It is a criminal offence to sign the Declaration if you have knowingly or recklessly made a statement on your application form which is false.

Conditions

If you are granted an operator licence it will be subject to the Conditions attached to it, and Charnwood Borough Councils Hackney Carriage/Private Hire Licensing policy.  If you breach any of these conditions the Council could suspend or revoke your licence.

Processing the application

Grant of a Licence

Once a correct and complete application form (including the fee) has been received by the Licensing Section accompanied by references, any inspections or meetings, which are necessary, will take place between the applicant and the Licensing Enforcement Officer.  Once the Licensing Enforcement Officer is satisfied that the applicant is a fit and proper person, the Licensing Section will issue the licence. The licence will last for 5 years.

The Licensing Sub-Committee will hear any applications referred as a result of using the Enforcement Convictions Scheme (Section 5), concerns where the Licensing Enforcement Officer considers that the applicant is not a fit and proper person.

The Council will aim to process an application within 10 days of receipt if all the additional supporting information has been received (e.g. basic disclosure/statutory declaration, references, planning consent advice sought, certificate of good conduct etc.).

Successful applicants will have their licence granted by the Licensing Section subject to the standard terms and conditions plus any additional conditions which members may deem necessary.

Renewal of Licence

The Operator’s licence must be renewed in the fifth year. The application form, together with the appropriate licence fee and documentation must be submitted to the Licensing Section at least 10 working days prior to the expiry of the current licence.

Providing there have been no serious breaches of the licence conditions in the lifetime of the previous licence then the licence will normally be renewed by the Licensing Section. If there has been a serious breach of the licence conditions then the application will be referred to the Licensing Sub-Committee for consideration.

If an existing licensee fails to renew their licence prior to its expiry, then the Council shall not renew the licence but the person/organisation concerned will have to submit a Grant application. Including a new Statutory Declaration/Basic Disclosure and new character references, where necessary, which might mean they cannot work for a period of time.

The Council has power to revoke or suspend an operator’s licence for any offence under, or non-compliance with, Part II of the 1976 Act, for any conduct on the part of the operator which appears to the Council to render him unfit to hold an operator’s licence, for any material change in any of the circumstances of the operator on the basis of which the licence was granted, or for any other reasonable cause.

Responsibility of the Operator/Changes to Licence (i.e. change of company name, limited company, name and number of directors)

The Council takes the view that as the person responsible for recruiting private hire vehicles and drivers, for accepting bookings and for fulfilling customer expectations, the role of the private hire operator is crucial.  It is he/she who can set the standards expected by the Company and ensure that vehicle proprietors and drivers meet those standards and customer’s expectations. It is also important that the private hire operator recognises the role of the Council as the Licensing Authority and works in partnership with the Council to achieve high standards.

The Hackney Carriage and Private Hire Licensing Policy , Section 4 , gives  the information, in respect of the responsibilities of the Operator and the changes that they must keep the Council informed of and the time limits on those notifications.  Please ensure you are aware of the Policy. 

How to submit the application

Please submit the application form and all accompanying documents via email at licensing@charnwood.gov.uk   Photographs are acceptable. Please note however, any image you send must be clear and have no parts missing e.g. include all pages.

Please note an application will not be accepted if anything is incorrect or not provided. If everything is included and is correct and complete the ‘Right to Licence’ will then be verified for each applicant/director.

If unable to provide a ‘right to licence share code’ (if applicable) original documentation is needed for each applicant to allow the Licensing Section to carry out a manual check. To provide original documentation, please email the Licensing section, licensing@charnwood.gov.uk  to make an appointment.

If you require any further information, advice or about hackney carriages or private hire vehicles generally you should email or telephone the Licensing Section via the Contact Centre on 01509 634562 or email at licensing@charnwood.gov.uk.