Under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current Private Hire Operator’s licence.
A Local Authority shall not grant a licence unless they are satisfied that the applicant is a ‘fit and proper person’ to hold an Operator’s licence. A private hire operator’s licence will be valid for five years.
In determining whether an applicant is ’fit and proper’ to operate private hire vehicles and drivers in Charnwood the Council shall have regard to the following factors:
- Any previous convictions of relevance
- The applicant’s financial standing
- The applicant’s general character
- The applicant’s knowledge and experience of the private hire profession
- The applicant understanding of his/her responsibility as a private hire operator and their commitment to abide by the terms and conditions of the private hire operator’s licence.
- Immigration status
Only when the Council is satisfied on all these points will it consider granting/renewing a private hire operator’s licence. However, before granting the licence the Council will have to be satisfied that the premises from which the applicant intends to operate is suitable.
When the Council is satisfied with the fitness of the applicant(s) and the suitability of the applicant’s premises then a private hire operator licence can be granted/renewed subject to standard terms and conditions plus any other special conditions which the Council deems necessary.
The Applicant’s Premises
The applicant’s premises MUST be within the Borough of Charnwood. (those based outside the Borough prior to this Policy coming into place 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 prior to 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.
However 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.
Applying
Please read Section 4 of the Hackney Carriage & Private Hire Licensing Policy for detailed information on the private hire operator application process and all requirements.
Please read the guidance notes provided in line with the Policy to assist you in completing the form.
- Guidance notes for Private Hire Operator Licence applicants
- Application for a Private Hire Operators Licence (Word Document, 0.15 Mb)
- Appendix A - Character references in support of application (PDF Document, 0.1 Mb)
- Statutory Declaration for Operators' licence - Required alongside a Basic DBS for any non-Charnwood licensed driver applicants.
- Right to Licence for each applicant - Proof of your identity to support your Right to Licence, as per this list.
All documents are to be printed off, fully completed and emailed all together (as a complete application) with the required accompanying documents to licensing@charnwood.gov.uk.
You will receive an acknowledgement for your email.
The Licensing staff will contact you to pay the relevant fee when able.
Please note that document attachments can be scanned or a photo but these must be complete and legible/readable.
Please ensure that you make best efforts to complete the form correctly and be aware that if your application is incomplete or incorrect that it may be rejected.
Hackney Carriage and Private Hire Fees and Charges
Processing the Application
Once a fully completed application form (including the fee) has been received by the Licensing Section accompanied by references and evidence of planning approval (if necessary) 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 for the Enforcement Section) or 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. subject access search OR Basic DBS/statutory declaration, references, planning consent 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 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 new application. Including a new Statutory Declaration/Basic Disclosure check and new character references which might mean you 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.
Change of Details
Once a licence has been granted, your circumstances may change and these may affect, if you are still eligible to hold a licence. A private hire operator licence is non-transferable. You must inform the Licensing Section in writing of any changes. Please be aware of the deadlines in which certain changes must be notified to the licensing section. These are explained in Section 4 of the Hackney Carriage & Private Hire Licensing Policy.
Change of Premises/Additional Premises
Please be aware that although not all premises maintained by the applicant for a private hire operator’s licence will require planning permission for that usage. It is advised that applicants seek advice of the planning authority prior to making an application for a private hire operator’s licence or commencing the use of a premise 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 base.
Premises failing to obtain or comply with planning permission where required may be liable to planning enforcement action.
Notification of such a change must be made to the Council, in writing, at least 21 days in advance of the change.
Note - if the applicant proposes to allow members of the public to wait at the premises from which the applicant intends to operate, 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.
The applicant’s premises MUST be within the Borough of Charnwood.
Subject to approval being granted, the address of the new premises will be noted and a new licence will be issued on request.
Last updated: Mon 20th December, 2021 @ 16:12