Hackney carriage and private hire licensing policy

1. The primary and overriding aim of the Licensing Authority when carrying out its functions relating to the licensing of Taxi or Private Hire Drivers, Vehicle Proprietors and Operators, is the protection of the public and others who use (or can be affected by) Taxi and Private Hire services. This Criminal Convictions and Suitability Policy sets out the relevance of arrest, conviction, caution, and/or any other relevant information including complaints and intelligence which can be considered by the Council when determining the fitness and propriety of an applicant and a licence holder. 
    
2. Every person licensed by the Council in respect of the hackney carriage or private hire trade must demonstrate at application, renewal, and all other times for the duration of the licence, that they are, and remain, a fit and proper person to hold one or more of the following: 

a. Licence to drive a licensed vehicle as a:

• hackney carriage driver
• private hire driver
• dual driver

b. Private Hire operator’s licence 

c. Vehicle licence:

• hackney carriage
• private hire vehicle
   

3. The Council will apply the test suggested by the Department for Transport in its statutory guidance when assessing the fitness and propriety of an applicant and licence holder, as below: 
   
   Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night? 
   
   If, on the balance of probabilities, the answer to the question is ‘no’, the individual should not hold a licence.
   
   (Department for Transport Statutory Taxi & Private Hire Vehicle Standards November 2022) 
   
   It must be noted that this is not the same test as would be applied by a criminal court and matters which may have been dismissed by that judicial process will still be considered by the Council in considering whether an individual meets the fit and proper test. 
    
4. In addition to physical and mental wellbeing, this test can also be applied to an applicant’s handling of a person’s sensitive information such as personal data, holiday plans, medical conditions, travel arrangements etc, in respect of all licences the Council issues. The public and the trade are entitled to expect that those licensed by the Council will operate in accordance with the standards set out by the Council and not take advantage of their position of trust for criminal or unacceptable purposes.

Relevant Factors

5. The Council may consider any other matter or matters that may affect whether an applicant or licence holder is a fit and proper person, such factors include but are not limited to:
    

• Convictions / Cautions for an offence
• Any diversion scheme offered as an alternative to conviction (i.e. “checkpoint” or restorative approach)
• Matters which have not resulted in a criminal conviction (whether that is the result of an acquittal a conviction being quashed a decision not to prosecute decision by the Police to take no further action (NFA) being bailed, being released under investigation, or where an investigation is continuing)
• Mental Health Act Orders
• Inclusion on any register maintained for the purposes of safeguarding the public
• Police intelligence/information
• Drug/alcohol use and Detoxification
• Other relevant information disclosed
• Any complaints or the accumulation of complaints regarding a licence holder’s conduct or behaviour
• Driver behaviours that fall short of criminal behaviour but are indicators of more sinister behaviour, will be considered and addressed to maintain confidence in the taxi and private hire trades and to stop unwanted behaviours before they evolve into criminal acts – example behaviours include:
   

1. Asking a passenger for their contact or social media details
2. Asking personal or intimate questions
3. Inappropriate physical contact with passengers or invasion of their personal space
4. Inappropriate conversations, questions or behaviour.
    

• Surrender of a licence prior to an appearance before the Licensing Panel
• Matters contrary to the requirements of this Policy.
   

6. The Council will, in considering whether an applicant is suitable to hold a licence, require applicants and those renewing a licence to meet the criteria identified below:

7. Any applicant who is the subject of an outstanding charge or summons may have their application held in abeyance or referred to the Licensing Panel until the matter is resolved. This decision will be made on a case by case basis.
    
8. The Council will also take into account relevant situations, information and circumstances that have not led to a conviction. This will include:
    

• information from other sources such as Council officers or partner agencies
• complaints from the public
   

9. In considering the most appropriate action to take in relation to non-conviction information (or a complaint), the credibility of the witness / complainant and the licence holder will be taken into account.
    
10. If an applicant has been arrested or charged, but not convicted, for a serious offence which suggests they could be a danger to the public, consideration should be given to refusing the application. Such offences might include dishonesty, violence and / or sexual offences, amongst others.
     
11. In the case of any new applicant who has been charged with any offence and is awaiting trial, the determination will be deferred until the trial has been completed or the charges withdrawn.
     
12. Failure to disclose all arrests bail arrangements convictions fixed penalty notices cautions (subject to the Exceptions Order) ongoing investigations and / or pending prosecutions, may affect the grant of a licence or may lead to the revocation of a licence.
     
13. Licence holders and applicants for driver, vehicle and operator licences are required to disclose all convictions, fixed penalty notices and cautions, including those that would in other circumstances be regarded as spent under the Rehabilitation of Offenders Act 1974, subject to Schedule 2 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended. This order creates categories of ‘protected cautions’ and ‘protected convictions’, which applicants and licence holders must be treated as not having committed, or been charged with, or prosecuted for, or convicted of, or sentenced for, even though ‘spent’ cautions and convictions may be taken into account.
     
14. Licence holders and applicants must also disclose details of any ongoing investigations and any pending prosecutions. This is to include any arrest and subsequent bail where charges have not been laid.
     
15. Licence holders are required to notify the issuing authority in writing within 48 hours, providing full details, where they are arrested and released, charge or convicted of any sexual offence, any offence involving dishonesty or violence, and any motoring offence.
     
16. Licence Holders convicted of an offence, or who accept a formal caution for an offence, receive a fixed penalty notice for any offence or receive and accept an endorseable fixed penalty notice, or made the subject of an Criminal Behaviour Order, Community Protection Notice, are required to attend a speed awareness course, are made the subject of any injunction or restraining order, or are arrested for any matter, must give the Council details, in writing and within 48 of hours of the event.
     
17. This will not however be seen as a direction that a licence should be withdrawn it is for the licensing authority to consider what, if any, action in terms of the licence should be taken based on the balance of probabilities. 
     
18. A failure by a licence holder to disclose an arrest that the issuing authority is subsequently advised of, might be seen as behaviour that questions honesty and therefore the suitability of the licence holder, regardless of the outcome of the initial allegation.
     
19. The disclosure of a criminal record or other information will normally prevent an applicant from obtaining a licence until such time, in accordance with the table below, has elapsed since the completion of any sentence imposed. 
     
20. In making its decision the Council will consider each matter referred to it on its own merits, having regard to the relevance of any offence, the seriousness of the offence, the length of time since the offence occurred and any pattern of offending behaviour or other complaints.
     
21. The Council considers all offences to be relevant offences (subject to the above Exemptions Order) when considering the suitability of a person to hold or retain a licence.
     
22. The Council will consider regulatory crimes, including local authority offences, licensing matters, and other offences prosecuted by other authorities when determining the fitness and propriety of an applicant or a licence holder.  This includes matters relating to the administration of justice such as failing to surrender to bail, and any other matter where regulations or requirements have been ignored or broken.
     
23. The following types of offence will be viewed as serious (in no particular order):

• Dishonesty
• Violence (including Criminal Damage & Sexual Offences)
• Alcohol Related Offences
• Public Order Offences
• Motoring Offences
• Possession of or Possession with the Intent to Supply controlled substances
• Obscenity (which includes the possession, making or distribution of unlawful obscene images / materials on computer or the internet)
• Racially or Religiously aggravated offences
• Offences of a discriminatory nature
• Offences involving Indecency or other offences of a Sexual Nature
• Contravention of Licensing Laws or Conditions
• Disqualification from driving a motor vehicle at any time in the three years prior to applying for a licence
• Offences involving animal cruelty
• Criminal Behaviour Orders
• Failing to declare convictions etc. on application
• Or similar offences or offences which replace the above offences.
   

24. To assist with determination of suitability beyond skills and competence, particularly in relation to the fit and proper person test, and to provide assurance to the public and the trade that the Council operates a transparent, fair and consistent approach to assessing suitability of an individual to be licensed, the Council adopts the provisions of the Institute of Licensing’ (IOL) Guidance on determining the suitability of applicants and licensees in the hackney carriage and private hire industry, 2024 (“the IOL Guidance”). This guidance was widely consulted upon prior to adoption and is accepted as the national standard for local authorities making such assessments. The IOL Guidance can be found at: https://iol.instituteoflicensing.org/
     
25. A summary of the policy in relation to criminal, convictions, and the period of time before a licence may be granted are detailed at Table 1.

Referrals to the Disclosure and Barring Service

26. In some circumstances it may be appropriate under the Safeguarding Vulnerable Groups Act 2006 for the Authority to make a referral to the DBS. The Authority will make a referral where a decision is made to refuse or revoke a licence as the individual is thought to present a risk of harm to a child or vulnerable adult.
     
27. The power for the licensing authority to make a referral in this context arises from the undertaking of a safeguarding role. Other situations where a referral is likely to be made are when it is thought that: 
     

• an individual has harmed or poses a risk of harm to a child or vulnerable adult
• an individual has satisfied the ‘harm test’ or
• received a caution or conviction for a relevant offence and
• the person they are referring is, has or might in future be working in regulated activity.
   

28. If the above conditions are satisfied, the DBS may consider it appropriate for the person to be added to a barred list.

Table 1: Criteria for determining whether an individual should be granted or retain a taxi or private hire driver licence, vehicle licence and private hire operator licence* (completion of sentence and or driving ban to licence granted)

Requirements and Conditions for licensed drivers (private hire)

1.1 The following conditions are considered to be reasonably necessary by North Northamptonshire Council in relation to private hire and dual drivers’ licences and all private hire and dual drivers’ licences will be granted subject to these conditions. The power to attach conditions to a private hire drivers’ licence is contained in section 51(2) Local Government (Miscellaneous Provisions) Act 1976 (as amended).

1.2 In determining these conditions the Council has had regard to the Department for Transport Statutory Taxi & Private Hire Vehicle Standards 2022.

1.3 These conditions are ancillary to and should be read in conjunction with applicable statutory legislation. The following list is not exhaustive:

• The North Northamptonshire Council’ Hackney Carriage and Private Hire Licensing Policy
• The Town Police Clauses Act 1847 (as amended)
• The Local Government (Miscellaneous Provisions) Act 1976 (as amended)
• The Disability Discrimination Act 1995
• The Equality Act 2010
• Public Health Act 1875

1.4 The conditions of licence are made pursuant to Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

1.5 Failure to comply with any of the conditions attached to this licence may result in Penalty Points being issued to the licence holder, or other action such as referral to the Licensing Panel with a view to potential suspension or revocation of the licence.

1.6 Definitions

In these conditions:

‘the 1976 Act’ means the Local Government (Miscellaneous Provisions) Act 1976 (as amended)

‘the Council’ means North Northamptonshire Council

‘Authorised Officer’ means a Licensing Officer authorised in writing by North Northamptonshire Council

‘the hirer’ means any person who, from time to time, hires or books the vehicle.

‘the licence holder’ means the person(s) named in the licence.

‘the driver’ means the person(s) named in the licence

‘the operator’ means any person or company or partnership licensed by the Council to operate private hire vehicles.

‘the vehicle’ means the vehicle named in the licence.

Driver licence and badge

2.1 The driver will be issued with one driver badge and must at all times, when driving a licensed vehicle, wear the badge in a prominent visible place on their outer clothing.

2.2 Badges remain the property of the Council and must be returned upon expiry, surrender, suspension, or revocation.

2.3 The badge must not be covered, concealed, or defaced in any way.

2.4 The drivers’ badges, to which these conditions refer, must be made available for inspection, on request, by any authorised officer of the Council or Police or any passenger or potential passenger, or any other member of public who may have reason to request sight of the badge (such as in the case of a road traffic accident or complaint situation).

2.5 The driver must notify the Council in writing, within seven days of being engaged or employed to drive a private hire vehicle, of the name of the proprietor (licensee) of the vehicle, the operator of the vehicle (if different) and the date when such engagement or employment commenced. The driver must also notify the Council in writing within seven days of any termination of engagement or employment with an operator.

2.6 The driver must not lend the badge to any other person or permit any other person to wear it.

2.7 The driver’s badge remains the property of the Council. The badge must be returned to the Council immediately if the licence is suspended or revoked. Upon expiry the badge must be returned to the Council within seven days.

2.8 The driver of a private hire or hackney carriage vehicle must hand their original Private Hire Driver Licence to her/his employer or the Private Hire Operator who engages her/him, before he commences his employment or engagement. The driver must take the licence from the operator if she/he ceases to be employed or engaged by them.

2.9 Drivers must notify the Council in writing immediately if they lose their driver badge or licence, or where the badge or licence is stolen.

2.10 Private hire vehicles must not be driven by unlicensed drivers under any circumstances.

Conduct of driver

3.1 The driver of a private hire vehicle must be clean and dressed in clean, smart clothes at all times when the private hire vehicle is being driven for hire.

3.2 The driver must not at any time behave in an abusive, aggressive, or threatening manner to any passenger, officer of the Council, contracted garage personnel or any other person.

3.3 The licensed driver of a private hire vehicle must not ply or stand for hire and cannot use hackney carriage stands for any purpose, including dropping off passengers.

3.4 The driver must not convey, or permit to be conveyed, in a private hire vehicle any greater number of persons than the number of persons specified on the vehicle licence (plate).

3.5 The driver must at all times ensure the safety and welfare of all passengers and ensure additional care is taken when dealing with potentially vulnerable passengers.

3.6 Good safeguarding practices are essential for all drivers working with passengers. These standards are equally applicable when working with vulnerable and non- vulnerable passengers. The following safeguarding principles must be observed at all times:

• The driver / operator must confirm that any necessary safeguarding or assistance provisions have been made for the vulnerable person prior to accepting the booking or commencing the journey. This does not necessarily mean that the driver / operator is responsible for the provision of appropriate measures but is responsible for checking that any such measures are in place. However, if appropriate measures are not in place then the driver / operator must not undertake the journey.
• Drivers must always ask if a passenger (whether considered vulnerable or not) needs help and should not make assumptions.
• Drivers must remain professional at all times and must not:
• Touch a person except in an emergency or when requested to do so by the person concerned for assistance, etc.
• Make offensive or inappropriate comments (such as the use of swearing, sexualised or discriminatory language)
• Solicit or engage in any inappropriate conversations
• Behave in a way that may make a passenger feel uncomfortable, intimidated or threatened
• Attempt to misuse personal details obtained via the business about a person
• Drivers must remain alert to issues around the safeguarding of children and vulnerable adults. Drivers must ensure that children and vulnerable adults leave the private hire vehicle directly onto the kerb and immediately outside their destination (if it is safe and legal to do so).
• If a driver is concerned about the safety, welfare, or behaviour of a vulnerable person, they should report this to the police by telephoning 101 (or in appropriate cases by calling 999).

3.7 If a driver is concerned about someone else’s conduct, they should report their concerns to the Council’s licensing department, Police, or Crimestoppers.

3.8 The driver must comply with all reasonable requirements and requests of any person hiring or being conveyed in the private hire vehicle.

3.9 The driver must afford all reasonable assistance with passenger luggage or other items being carried as may be required. At the conclusion of the journey the driver must similarly offer all reasonable assistance to passengers leaving the private hire vehicle and assist them with luggage or any mobility aids and/or wheelchair etc.

3.10 The driver must take all reasonable steps to ensure the safety of passengers entering or conveyed in or alighting from the private hire vehicle, especially those passengers who are vulnerable.

3.11 The driver must not smoke tobacco or any other substance, nor use E-Cigarettes / Vaping Cigarettes/or any electronic smoking device in the private hire vehicle at any time. In addition, the driver must take all reasonable steps to prevent any passengers smoking or using similar devices.

3.12 The driver must comply with any hirer’s request not to drink or eat in the vehicle, or play any radio or sound equipment, which is not connected with the operation of the vehicle as a private hire vehicle.

3.13 The driver must at all times when driving a private hire ensure that the vehicle is maintained in a roadworthy and clean condition.

3.14 The driver of the vehicle is always legally responsible for its condition while in use – therefore, every driver must undertake an inspection of any private hire vehicle that they are driving at the start of their shift whilst working as a private hire driver to ensure the vehicle is in a suitable and roadworthy condition and is compliant with all licensing requirements. This inspection must be undertaken at least daily and before the first carriage of passengers in the vehicle. A record must be made by the driver to confirm that the checks have been undertaken this record must be retained for a period of six months and must be made available for inspection by an authorised officer of the Council upon request. Drivers may be subject to compliance/enforcement action if they are unable to produce the record, or where it is clear that while a record was completed, the check was not. Further sanctions may result against the driver if they are found to be using a defective vehicle, especially if the condition of the vehicle is such that is it obvious no routine checks have occurred over several days.

3.15 The driver of a licensed vehicle must ensure that none of the markings / signs / notices that are required to be displayed on the private hire vehicle become concealed from public view or be so damaged or defaced that any figure or material particular is rendered illegible.

3.16 The driver of a private hire vehicle that has been hired to be in attendance at an appointed time and place or he/she has otherwise been instructed by the operator of the vehicle to be in attendance at an appointed time and place punctually attend at the appointed time and place unless delayed or prevented by sufficient cause.

3.17 The driver, when hired to drive to a particular destination, must proceed to that destination by the shortest available route, unless a different route has been agreed with the hirer before the commencement of the journey. If traffic delays (e.g. congestion, road works) mean that the shortest available route may not be the quickest, that should be explained to the passenger who can then make an informed decision as to which route, they would like the driver to take.

3.18 Drivers are permitted to use one Bluetooth earpiece only, in one ear, which does not require any direct contact with the mobile telephone to operate, and which does not interfere with their ability to drive safely. Any such equipment must only be used in compliance with all other relevant legislation. Drivers are not permitted to wear or use earphones or other devices on/in two ears. Equipment or devices that require any contact whatsoever with the mobile phone to operate or activate them, are not permitted. Wired earpieces or headphones etc are not permitted to be used.

Change of address

4.1 The licence holder must complete and submit a change of address notification (a form is available for this purpose on the Council’s website) within seven days of any change of their address taking place during the period of the licence, whether permanent or temporary.

Customer and other personal information

5.1 Drivers must comply with all Information Commissioner / Data Protection obligations regarding all personal data provided to them in the course of their work.

5.2 Personal information must not be used for any purpose other than that for which it was collected without the express permission of the individual to which the information relates.

5.3 For example, telephone numbers provided by customers so that they can be alerted / updated by SMS text message about a booking they have made must only be used for this purpose. The information must not be retained by the driver after the text message has been sent, and / or used for any other purpose (such as unsolicited marketing calls).

Accidents

6.1 If at any time the vehicle is involved in an accident, however minor, the driver must inform the Council of this fact as soon as possible and in any event within 72 hours – an online reporting mechanism is available on the Council’s website for this purpose. An accident report form (available from the licensing office) must then be completed and submitted to the Council within seven days of the accident occurring (except in exceptional circumstances when the report must be made as soon as possible after the seven-day deadline – an example of an exceptional circumstance would be that the driver is incapacitated due to the accident and physically unable to make the notification).

6.2 Any damage to a licensed vehicle which materially affects the safety, performance or appearance of the vehicle or the comfort or convenience of persons using the vehicle, must be reported immediately.

Fares

7.1 The driver must not, if driving a licensed vehicle fitted with a taximeter which is being used to calculate the fare for the private hire journey, cause the fare recorded thereon to be cancelled or concealed until the hirer has had the opportunity of examining it and has paid the fare.

7.2 The driver must not demand from any passenger a fare in excess of any previously agreed for that hiring between the hirer and the operator or if the vehicle is fitted with a taximeter and there has been no previous agreement as to the fare, the fare shown on the face of the taximeter or calculated by the means determined by the operator.

7.3 The operator of a private hire vehicle will have entered into a contract with the hirer which will determine the fare to be charged for a particular journey. This must be honoured by the private hire driver

7.4 The driver must, if requested by the hirer, provide the hirer with a written receipt for the fare paid. The receipt must include the following information in a legible format:

• The name and address of the operator of the vehicle
• The time and date of the journey
• The start and destination points of the journey
• The drivers name (in capitals)
• The drivers badge number
• The vehicle licence plate number or registration
• The fare paid
• The drivers signature

Identification plates

8.1 The driver must not conceal or remove or allow to be concealed or removed, the exterior identification plates and other required markings of the private hire vehicle or the details painted or marked thereon, from public view, and will always keep these items in a clean condition during the period of the licence.

Passengers

9.1 The driver must not allow to be conveyed in the front of a licensed vehicle:

• more than one person, unless the vehicle is manufactured to carry two front seat passengers, and seat belts are fitted for both passengers,
• any child under the age of 13 years old unless this is part of a school contract,
• any person between the ages of 13 and 18 years old, unless the passenger is part of a group that includes at least one person over the age of 18, or all other passenger seats in the vehicle are occupied by persons under the age of 18.

9.2 The driver must not, without the consent of the hirer of the vehicle, convey or permit to be conveyed any other person in that vehicle.

Duty to assist passengers in wheelchairs

10.1 Section 165 of the Equality Act 2010 places a duty on the driver of a designated* wheelchair accessible private hire vehicle to:

• Carry the passenger while in the wheelchair
• If the passenger chooses to sit in a passenger seat, to carry the wheelchair
• If the passenger has with them any mobility aids, to carry the mobility aids
• To give the passenger such mobility assistance as is reasonable required
• To take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort and
• Not to make, or propose to make, any additional charge for complying with one of the above duties.

Drivers must:

• be fully aware of the correct method of operation of all ramps, lifts, wheelchair restraints and any ancillary equipment provided for the purpose of conveying wheelchair bound passengers
• before the vehicle is put into motion, ensure that all wheelchairs and occupants are firmly secured to the vehicle by use of an approved restraint system and seatbelt(s). The wheel brakes of any wheelchair should be set before the private hire vehicle is put into motion
• ensure that any wheelchair(s), equipment and passengers are carried in such a manner that no danger is likely to be caused to those passengers or to any other person, and in accordance with any statutory legislation or regulations
• be physically capable of loading and unloading passengers confined to an un-powered wheelchair.

10.2 Designated vehicles are those listed by the Licensing Authority under section

167 of the Equality Act 2010 as being a ‘wheelchair accessible vehicle’.

10.3 Section 164A of the Equality Act 2010 places a duty on the driver of a non-designated wheelchair accessible private hire vehicle to:

• Carry the passenger
• If the passenger is in, or has with them a wheelchair, to carry the wheelchair
• If the passenger has with them any mobility aids, to carry the mobility aids
• To take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort
• To give the passenger such mobility assistance as is reasonable required and
• Not to make, or propose to make, any additional charge for complying with one of the above duties.

Carriage of Animals

11.1 A driver must not carry in a licensed vehicle any animal which belongs to or is being looked after by themselves, the owner of the vehicle or the operator whilst it is being used for hire by paying passengers.

11.2 Animals in the custody of passengers may be carried, at the driver’s discretion, provided that they are restrained in a safe manner.

Duty to Carry Assistance Dogs

12.1 Sections 168 and 170(3) of the Equality Act 2010 imposes duties on drivers of private hire vehicles which have been hired:

• By or on behalf of a disabled person who is accompanied by an assistance dog, or
• By another person who wishes to be accompanied by a disabled person with an assistance dog.

These duties are that:

• The driver must not fail or refuse to carry out a booking by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person and
• The reason for the failure or refusal is that the disabled person is accompanied by an assistance dog.
• Drivers must carry the disabled person’s dog and allow it to remain with that person and
• Not make, or propose to make, any additional charge for doing so.

12.2 Drivers may only be exempt from the requirements under the Equality Act 2010 where they have obtained a Medical Exemption Certificate from the Council, and the certificate remains in effect.

12.3 Medical Exemption Certificates must be displayed in the vehicle by fixing it in a prominent position facing outwards on the dashboard.

12.4 When hired to carry an assistance dog, the owner should be asked where they would prefer their dog to be, and their request should be accommodated by the driver. The assistance dog must be permitted to remain with the passenger for the duration of the journey.

12.5 Most assistance dogs are trained to lie in the front passenger foot well between the feet of their owner. If the vehicle is fitted with front and side air bags, it is essential that the dog is lying down at all times. Drivers should inform the passenger of this. The dogs are trained not to move and will not harm the driver in any way.

12.6 If the front foot well is not large enough to accommodate the dog, the assistance dog owner should be advised to travel in the rear of the vehicle with the dog in the foot well behind the front passenger seat. The seat should be pushed forward to make room for the dog. Ultimately, the passenger’s preference should be accommodated by the driver wherever possible.

12.7 Any animal belonging to or in the custody of any passenger should remain with that passenger and be conveyed in the front or rear of the vehicle.

12.8 If the person needs assistance for themselves or their assistance dog to access or exit the vehicle, this should be provided by the licensed driver.

Lost and found property

13.1 The driver must, following the termination of any hiring, or as practicable thereafter, ascertain if any property belonging to the hirer(s) has been left in the vehicle. If not immediately able to return any such property, the driver must hand any property to their operator (where they have one) or retain the property in a secure location. If the property is passed to a Private Hire Operator by one of their drivers, it is the operator’s responsibility to notify the Licensing Authority of the item(s) by email within 48 hours unless an alternative arrangement has been made with the owner of the property.

Medical conditions

14.1 The driver must notify the Council in writing within 7 days of any change in your medical condition, which may include the following, that may adversely affect your ability to drive a licensed vehicle. This also includes the taking of any newly prescribed medication that carries the warning not to drive or operate any machinery or following the advice from a registered medical practitioner or other medical expert of a similar nature.

• Heart condition
• Deterioration of eyesight or hearing
• Abnormal blood pressure
• Alcohol or drug dependency
• Diabetes (Type1) and drivers with Type 2 Diabetes where the condition is managed by medication carrying hypoglycaemic risks)
• Mental or psychological disorders
• Epilepsy
• Serious physical injury or disability
• Sudden attacks of giddiness or fainting
• Any other condition affecting the ability to drive.

14.3 The Driver must at any time, or at such intervals as the Council may reasonably require, produce a certificate in the form prescribed by the Council signed by a registered medical practitioner to the effect that he/she is or continues to be physically fit to be a driver of a private hire/hackney carriage vehicle.

14.4 The Driver must ensure that when working they are sober and not under the influence of any illegal drugs. If the driver is taking any prescription medication, they must ensure that it does not impair their ability to drive.

14.5 The Driver must discontinue work if they feel unwell until such time as they feel better and are able to return to work.

Convictions, Cautions, Arrest etc.

15.1 The driver must notify the Council in writing within 48 hours via the Council’s online reporting tool and provide full details where they are convicted of an offence, or who accept a formal caution for an offence, receive a fixed penalty notice for any offence or receive and accept an endorsable fixed penalty notice, or made the subject of an Criminal Behaviour Order or Community Protection Notice, are required to attend a speed awareness course, are made the subject of any injunction or restraining order, or are arrested for any matter.

15.2 Drivers must also notify the Council in writing within seven days of any action taken by any other licensing authority in respect of any licences held elsewhere, including suspension or revocation.

Disclosure and Barring Service Online Update Service and Online DVLA system

16.1 All drivers must subscribe to the Disclosure and Barring Service Online Update Service at time of initial DBS disclosure and maintain this subscription ongoing whilst a licensed driver. The subscription to this service must be activated within the prescribed timescale set out by the DBS service. Any costs associated with maintaining this subscription must be met by the driver.

16.2 The driver must give permission for the Council to undertake checks of their DBS and DVLA status should the Council consider it necessary to do so. The Council will use the update service to monitor the criminal record of licence holders at least every six months.

1. Introduction

1.1 All licensed private hire vehicles shall comply, in all respects, with the conditions of licensing set out below. The conditions of licence are supplementary to, and should be read in conjunction with, applicable statutory legislation. The conditions are considered to be reasonably necessary by North Northamptonshire Council in relation to private hire vehicles and all private hire vehicle licences will be granted subject to these conditions.

1.2 The conditions will be attached to every private hire vehicle licence unless specifically altered by the council. Additional conditions that are reasonably necessary will be attached to vehicle licences on a case-by-case basis.

1.3 In determining these conditions the council has had regard to the Department for Transport’s Statutory Taxi & Private Hire Vehicle Standards 2022 and the Taxi and Private Hire Vehicle Licensing Best Practice Guidance for Licensing Authorities in England, 2023.

1.4 These conditions are ancillary to and should be read in conjunction with applicable statutory legislation and policies.

1.5 Failure to comply with any of the conditions attached to a private hire vehicle licence may result in North Northamptonshire Council Licensing Penalty Points being issued to the licence holder, or other action such as referral to the Licensing Panel, with a view to potential suspension or revocation of the licence, or other action.

2. General Conditions

2.1 The licence holder must notify the Council of the location where the vehicle is kept regularly when not in use and any authorised officer must be afforded such facilities as may be reasonably necessary to inspect and test the vehicle there.

2.2 After the vehicle has passed the Council test and has been licensed, no material alteration or change in the specification, design, condition, or appearance of the vehicle can be made without written approval from the Council. At all times the vehicle must comply with the specifications for a licensed private hire vehicle detailed in the Hackney Carriage and Private Hire Licensing Policy.

3. Doors

3.1 All doors designed by the manufacturer to allow the access or egress of passengers must function correctly and be capable of being opened from the inside and the outside.

3.2 Tailgates and rear doors must only to be used for loading/unloading luggage or as an emergency exit, unless the vehicle has been designed, modified or adapted to carry wheelchair bound passengers, and has the relevant M1 or M2 Type Approval Certificate, in which case the rear doors may be used for loading those passengers only.

4. Windows

4.1 The minimum light transmission for the vehicle windscreen is 75% and the minimum light transmission for front side windows is 70%.

4.2 The minimum light transmission of windows rear of the B-pillar is 30%.

4.3 The application of aftermarket tinted film to any window, or to the window screen, is not permitted.

5. Ventilation

5.1 The vehicle must have windows at the rear and on each side adjacent to any passenger seating.

5.2 The driver’s window and all passenger windows must function correctly and be capable of being opened and closed by the driver and passengers.

6. Wheelchair Accessible Vehicles (WAV’s)

6.1 All equipment and devices used for or involved in the loading, unloading and secure transportation of wheelchair bound passengers must at all times function correctly and must be used in accordance with the manufacturer’s instructions.

6.2 Access to and egress from the wheelchair carrying position must not be obstructed in any manner, at any time, except by wheelchair loading apparatus.

6.3 Wheelchair internal anchorage points and equipment must be of the manufacturers design and construction and comply with the M1 or M2 standards as specified in European Directive 76/115 EEC (as amended by 90/629 EEC) and not altered or modified in any way.

6.4 A suitable, separate, restraint (seat belt) must be available for the occupant of the wheelchair.

6.5 All access ramps or lifts must be able to support the weight of any wheelchair, occupant and helper and all such devices must have a minimum load rating of 300kg. Relevant information and manufacturers markings must be displayed on all lifting equipment and ramps.

6.6 Ramps, steps and lifts must be securely stored in the vehicle before driving off.

6.7 The vehicle must be fitted with a locking mechanism, or other device, that holds the wheelchair access door in the open position whilst a wheelchair is being loaded or unloaded.

6.8 Any equipment fitted to the vehicle for the purpose of lifting a wheelchair into the vehicle must have been tested in accordance with the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (S/I 1998/2307). Any such equipment must be maintained in efficient working order so as to be available for use at all times.

6.9 The licence holder must ensure that all drivers of wheelchair accessible vehicles have received sufficient training to be able to load/unload and convey wheelchair bound passengers in safety and comfort, with refresher training taking place as necessary. Records of this training must be kept and made available upon request from an authorised officer.

7. Seatbelts

7.1 All private hire vehicles must be fitted with fully operational seat belts, one for each passenger to be carried. Each seat belt to be fully compliant with any relevant legislation and British Standard, except where the law specifically provides for an exemption. Seat belts must be used in accordance with the requirements of the legislation that is applicable at the relevant time.

8. First Aid Kit

8.1 A first aid kit must be always readily available.

8.2 The first aid kit must be of a suitable and comprehensive type that meets the requirements of British Standard BS8599-2 (medium sized kit) and be permanently and legibly marked with the registration number or licence number of the vehicle.

8.3 The contents of the first aid kit must be reviewed regularly to ensure that contents are within date and complete.

9. Tyres

9.1 All tyres on the licensed vehicle must be in good condition and conform with the minimum legal requirements subject to an additional requirement that there must be at least 2mm tread depth at all times.

9.2 Tyres must be correctly inflated to the vehicle / tyre manufacturer's recommended pressure.

9.3 The vehicle must be equipped at all times with, a spare wheel or other manufacturers standard equipment for the vehicle to deal with a punctured or damaged wheel or tyre (such as a gel or foam repair kit).

9.4 All replacement tyres fitted to licensed vehicles must be new (i.e. not have been used previously on any other vehicle), meet the vehicle manufacturers minimum specification for tyres and must have been fitted by a reputable vehicle maintenance company / contractor. Vehicle proprietors are required to retain invoices / receipts to show that any tyre that is purchased meets this requirement.

9.5 ‘Space saving’ spare wheels must only be used in an emergency, and then only in accordance with the manufacturer’s instructions. Should the use of a ‘space saving’ spare wheel become necessary during a period of hire then the journey may continue, but the wheel must be replaced before another journey carrying passengers commences. NOTE Space saver wheels have a maximum speed and distance restriction on them which must be adhered to.

10. Luggage

10.1 Luggage and storage areas must be kept as free space for passenger’s luggage.

10.2 Luggage must be suitably secured in place and must not obstruct any exit, or emergency exit.

10.3 Vehicles with open luggage space such as estate cars must be fitted with a suitable guard or cover between the luggage space and the passenger compartment, which must be in use whenever passengers are carried.

10.4 Vehicles with no clear demarcation between the passenger and luggage areas must be fitted with suitable restraining straps or other approved devices to secure the luggage and prevent it coming into contact with any passenger at any time (including in the case of an accident). These restraining straps or devices must be used whenever passengers’ luggage is being carried.

11. Maintenance and Condition of a Private Hire Vehicle

11.1 No material alteration or change to the specification of the vehicle can be made without the prior written approval of the Council at any time.

11.2 The interior and exterior of the vehicle must be maintained in a clean, safe and proper manner, to the reasonable satisfaction of the Council.

11.3 Bodywork must be maintained to a good condition, paintwork must be sound, uniform across the vehicle, well maintained and free of corrosion, dents, scratches, chips and other signs of wear or deterioration, inferior re-spray work and ‘cover up’ temporary repairs.

11.4 The roof (including any sunroof or removable covering) must be watertight.

11.5 Fittings, furniture and additional equipment fitted in the vehicle must be kept in an acceptably clean condition, well maintained and in every way fit for public service. Items such as taxi-meters, radios, Sat-Nav’s, PDA’s, mobile phone holders and other ancillary items must be securely mounted in the vehicle in such a position as to not hinder or obstruct the driver’s operation of, or view out of, the vehicle, or impede the seating of any passenger.

11.6 The seats must be properly cushioned, covered and free from cigarette burns, rips, splits, tears, stains or any other signs of deterioration or wear.

11.7 The floor must be covered with carpet, mat or other suitable material, properly secured and be free from cigarette burns, rips, splits, tears, stains, deterioration and wear.

11.8 A bulb kit must be carried in the vehicle to allow for effective bulb replacement. One bulb is required for each of the following types of vehicle lamp: headlamp, brake light, reverse, rear position lamp and directional indicator lamp. The bulb kit must be indelibly marked with the registration number or licence number of the vehicle. Where the vehicle is fitted with Original Equipment LED bulbs, these are a non-replaceable part, and the entire headlight or other light/lamp must be replaced.

11.9 The doors, windows and seats must function in accordance with the original manufacturer’s specification.

12. Vehicle Safety Checks 

12.1 The proprietor/driver must undertake a daily safety check of the vehicle. As a minimum this must be a visual check on all lights, oil, water, tyres, mirrors, seat belts and cleanliness. A written record must be made of each safety check, details of faults recorded, and remedial action taken. The record must be signed by the person undertaking the safety checks and kept in the vehicle for the day of the inspection and then for a further six months by the Operator. Template Daily Check Sheets are available from North Northamptonshire Council.

12.2 If required by a Police Officer or authorised officer the driver must produce, to that officer, the recorded daily checks kept in the vehicle and the proprietor, on request by that officer, must produce those recorded checks in his possession and/or those kept in the vehicle.

13. Seats and Passengers

13.1 The proprietor must not allow a greater number of passengers to be carried in the vehicle than the number specified in the licence.

13.2 In all licensed vehicles provided with a passenger side air bag, no child will be carried in a rear-facing carrier in the front passenger seat.

13.3 A notice must be displayed in the vehicle reminding passengers that it is a statutory requirement to wear the seat belts provided.

13.4 Assistance dogs must be conveyed in a licensed vehicle when requested by the dog’s owner. Any dog so conveyed shall count as one person and no charge shall be levied for any such dog.

13.5 Any excess seating fixings which were removed or permanently capped before the vehicle was licensed, must not be replaced, or exposed during the currency of the licence.

13.6 Any minibus or other vehicle in which the seating is intended to be fixed in one place, and which has potential for capacity for over nine seats, which has had excess seating removed to allow not more than eight passenger seats, must have any excess seating fixings permanently removed and holes or other fixings permanently capped (i.e. welded over or similar) before a licence can be issued. This requirement will not apply to vehicles purposely designed to allow for regular flexible changes in seating configurations, including accommodating wheelchairs, and seating that is fitted onto manufacturers purpose designed and installed runners or tracks.

14. Taxi-Meter

14.1 The licence holder must ensure that where a private hire vehicle is fitted with a taxi meter: that the following conditions are complied with.

14.2 The tariffs with which the meter has been calibrated must be displayed in the vehicle in such a position as to be visible to passengers. Such a table must show full particulars of all tariffs calibrated on the meter including a statement that the Council has no control over the table of fares.

14.3 The vehicle licence holder must obtain and retain written certification of such calibration and sealing. This certification must be provided to an authorised officer of the Council upon request.

14.4 The taxi-meter must be located so that all letters and figures on the face are at all times plainly visible to any passenger;

14.5 A notice must be displayed within the vehicle in such a position as to be visible to passengers stating that if the meter is not used, the fare should have been agreed between the passenger(s) and operator before commencement of the journey. Any fare agreed in this way must be the fare that is charged at the end of the journey, unless the customer agrees to it being varied.

14.6 If a fare has not been agreed between the operator and the customer, then the fare charged must be that which is shown on the meter (if fitted).

15. Identification (Licence) Plate

15.1 The identification plates issued by the Council, bearing the number of the licence granted in respect of the vehicle, must be:

• securely fixed on the outside rear and outside front of the vehicle.
• kept in such a condition that the information shown is clearly visible to public view.
• must be fixed in such a manner that they can be removed by an authorised officer of the Council or Police without causing damage to the vehicle.

15.2 The interior sign provided by the council must be displayed inside the windscreen of the vehicle, in such a position as to be clearly visible at all times to passengers.

15.3 Vehicle licence plates remain the property of the Council at all times and must be returned on surrender, suspension, revocation or expiry of the licence or if the vehicle is sold, or disposed of, out of the licensed trade. If a plate is lost or stolen it must be reported to the Police and evidence of this must be provided upon request by an authorised officer. Written notification of the lost or missing plates must also be submitted to the Council’s Licensing Team via email within 24 hours of the lost or stolen plates being noted.

16. Signs, Notices and Advertising

16.1 Members of the public can often confuse private hire vehicles with taxis, failing to

realise that they are not available for immediate hire and that a private hire vehicle

driver can only fulfil pre-booked requests. This Authority considers that greater differentiation in signage will help the public to distinguish between the two elements of the trade.

16.2 Unless an exemption has been granted in writing, all private hire vehicles must display two permanently affixed standard design North Northamptonshire Council door signs in the upper-central area of both front doors. This signage will be supplied by the Council and must not be adapted, modified, or obscured in any way.

16.3 No other signs, notices, advertisements, plates, marks, numbers, letters, figures, symbols, emblems or devices whatsoever can be displayed in, on or from a private hire vehicle apart from the registration number, a company reference number and Council-issued licence plates. A private hire vehicle must not display any commercial advertising of any kind.

16.4 The standard door signs must be displayed in the correct orientation and must be maintained in good condition. If damage, defacing, or wear etc is incurred the Licence holder must purchase replacement signage from the Council and replace the damaged / defaced / worn signs immediately.

16.5 Magnetic or other temporary type signage is not permitted.

16.6 No roof sign or roof light may be attached to or displayed on the licensed vehicle.

16.7 The foregoing provisions, of this condition, shall not apply to a sign in, on or from a private hire vehicle which:

• indicates membership of the AA, RAC or other similar motoring organisation; or
• indicates that passengers should not eat or smoke in the vehicle. Signage in accordance with the Smoke free Workplace Regulations, vehicle requirements, must be affixed to the outside, or inside, of the vehicle indicating that smoking is prohibited in the vehicle; or
• indicates that in-car CCTV surveillance is in use in the vehicle; or
• indicates that the vehicle is suitable, and equipped, for the carriage of wheelchair bound passengers;
• indicates that the driver of the vehicle is exempted through medical grounds from the requirement to carry assistance dogs.
• Is required to be displayed by North Northamptonshire Council.

16.8 No other recognition symbols may be affixed to the licensed vehicle, aside from a company reference number.

17. Vehicles Converted to run on Liquefied Petroleum Gas (LPG)

17.1 A vehicle converted to run on LPG must display a warning sticker on the front and rear screens stating that the vehicle is fitted with an LPG tank.

18. Copy of Licence Conditions

18.1 A copy of these conditions must be carried in the vehicle at all times and must be available for inspection onrequest by any authorised officer, Police officer, hirer or passenger.

19. Change of Address

19.1 The licence holder must notify the Council in writing via the online change of address form available on the Council’s website, of any change of their home or business address during the period of the licence, within 7 days of such change taking place.

20. Transfer of Private Hire Vehicle Licence

20.1 Where a proprietor transfers their interest in respect of a private hire vehicle, it is incumbent on the current licence holder to provide the Council with written notice (using the prescribed form) of the transfer, giving the name and address of the new proprietor, together with the original licence document within 14 days of the date of the transfer, together with the appropriate fee.

21. Insurance

21.1 All licensed vehicle owners / operators are required to maintain adequate motor vehicle insurance cover at all times whilst a vehicle is licensed. This insurance must either name all individual licensed drivers of that vehicle or provide full insurance cover for unnamed licensed drivers (such as a fleet policy) for that vehicle.

21.2 Private hire insurance must comply with Part VI of the Road Traffic Act 1988 and must be in force at all times for the duration of the licence. Public Liability Insurance (minimum cover £2m) is also required in respect of those vehicles licensed to carry passengers in wheelchairs.

21.3 The licence holder must produce, on request, a current, valid, Certificate of Motor Vehicle Insurance (or insurance cover note) which satisfies paragraph 22.1 and 22.2 above.

22. Vehicle Damage

22.1 The proprietor must, as soon as reasonably practicable, but in any case, within 72 hours, notify the Council of any accident involving the vehicle or, of any damage to the vehicle however caused, which affects the safety, performance or appearance of the vehicle or the comfort or convenience of persons carried therein. This notification must be in writing and should be made via the online reporting form on the Council’s website. The vehicle must not be used until a Council Officer has inspected the vehicle and confirmed it may continue to be used.

22.2 A Council test may be necessary to demonstrate that the vehicle is roadworthy. The cost of such a test is to be paid by the proprietor. If the Council determines that the vehicle is unfit for use as a private hire vehicle, a suspension notice under section 68 will be issued.

23. Trailers

23.1 The Council does not permit the use of trailers on licensed vehicles.

24. Items Left in Private Hire Vehicles

24.1 Operators must keep a written or computerised record of lost property that is handed in by passengers or drivers.

24.2 The Operator must notify the Licensing Authority of the details and circumstances of the lost property within 7 days.

24.3 The Operator must make available for inspection by an authorised officer, or a police officer, the written or computerised record of lost property, and any information entered must be kept for a period of 12 months from the date of entry. The Operator must also securely store the lost property for a period of 6 months, after which time is should be disposed of in a secure manner, or if appropriate donated to a charitable purpose.

Made under section 68 of the Town Police Clauses Act 1847, and section 171 of the Public Health Act 1875, by North Northamptonshire Council with respect to hackney carriage vehicles (taxis) in the district of North Northamptonshire. 

Interpretation

1. Throughout these byelaws “the Council” means North Northamptonshire Council and “the district” means North Northamptonshire.
2. "Taxi" means a hackney carriage as defined in section 38 of the Town Police Clauses Act 1847. 

Provisions regulating the way the number of each taxi corresponding with the number of its licence, shall be displayed 

3. The proprietor of a taxi shall cause the number of the licence granted in respect of the taxi to be legibly painted or marked on the outside and inside of the taxi, or on plates affixed thereto.
4. A proprietor or driver of a taxi shall:

(a) not wilfully or negligently cause or suffer any such number to be concealed from public view while the taxi is standing or plying for hire
and
(b) not cause or permit the taxi to stand or ply for hire with any such painting marking or plate so defaced that any figure or material is illegible.

Provisions regulating how taxis are to be furnished or provided

5. The proprietor of a taxi shall: 
   
   (a) provide sufficient means by which any person in the taxi may communicate with the driver 
   (b) cause the roof or covering to be kept water-tight
   (c) provide any necessary windows and a means of opening and closing not less than one window on each side
   (d) cause the seats to be properly cushioned or covered
   (e) cause the floor to be provided with a proper carpet, mat or other suitable covering 
   (f) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service
   (g) provide means for securing luggage
   and 
   (h) provide at least two doors for the use of persons conveyed in such taxi and a separate means of ingress and egress for the driver.
6. The proprietor of a taxi shall cause any taximeter with which the taxi is provided to be so constructed, attached and maintained as to comply with the following requirements, that is to say:
   
   (a) the word “HIRED” to appear on the face of the taximeter when in action
   (b) the taximeter shall be capable of being locked in such a position that it is not in action and that no fare is recorded on the face of the taximeter
   (c) when the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures, a fare not exceeding the rate or fare which the proprietor or driver is entitled to demand and take for the hire of the taxi by time as well as for distance in pursuance of the tariff fixed by the Council
   (d) the word “FARE” shall be displayed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon(e) the taximeter shall be so placed that all letters and figures on the face thereof are always plainly visible to any person being conveyed in the taxi, and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring
   and 
   (f) the taximeter and all the fittings thereof shall be so affixed to the taxi with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances. 

Provisions regulating the conduct of the proprietors and drivers of taxis plying within the district in their several employments, and determining whether such drivers shall wear any and what badges

7. The driver of a taxi provided with a taximeter shall: 
   
   (a) when standing or plying for hire, keep the device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter
   (b) before beginning a journey for which a fare is charged for distance and time, bring the taximeter into action so that the word “hired” is legible on the face of  the taximeter and keep it in action until the termination of the hiring
   and 
   (c) cause the display of the taximeter to be kept properly illuminated throughout any part of a hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.
8. A proprietor or driver of a taxi shall not tamper with or permit any person to tamper with any taximeter with which the taxi is provided, with the fittings thereof, or with the seals affixed thereto.
9. The driver of a taxi shall, when plying for hire in any street and not actually hired – 
   
   (a) proceed with reasonable speed to one of the stands appointed by the Council 
   (b) if a stand, at the time of their arrival, is occupied by the full number of taxis authorised to occupy it, proceed to another stand
   (c) on arriving at a stand not already occupied by the full number of taxis authorised to occupy it, station the taxi immediately behind the taxi or taxis on the stand and so as to face in the same direction
   and 
   (d) from time to time, when any other taxi immediately in front is driven off or moved forward cause their taxi to be moved forward so as to fill the place previously occupied by the taxi driven off or moved forward.
10. A proprietor or driver of a taxi, when standing or plying for hire, shall not make use of the services of any other person for the purpose of importuning any person to hire such taxi.
11. The driver of a taxi shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.
12. The proprietor or driver of a taxi who has agreed or has been hired to be in attendance with the taxi at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such taxi at such appointed time and place.
13. A proprietor or driver of a taxi shall not convey or permit to be conveyed in such taxi any greater number of persons than the number of persons specified on the plate affixed to the outside of the taxi.
14. If a badge has been issued by the Council to the driver of a taxi they shall, when standing or plying for hire, and when hired, wear that badge or display that badge within the vehicle in such position and manner as to be plainly visible.
15. The driver of a taxi so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage:
    
    (a) convey a reasonable quantity of luggage
    (b) afford reasonable assistance in loading and unloading
    and
    (c) afford reasonable assistance in removing it to or from the entrance of any building, station or place at which they may take up or set down such person. 

Provisions fixing the rates or fares to be paid for taxis within the district and securing the due publication of such fares 

16. The proprietor or driver of a taxi shall be entitled to demand and take for the hire of the taxi the rate or fare prescribed by the Council, the rate or fare being calculated by a combination of distance and time unless the hirer express at the commencement of the hiring their desire to engage by time.
17. Where a taxi furnished with a taximeter is hired by distance and time the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.
18. The proprietor of a taxi shall cause a statement of the fares fixed by council resolution to be exhibited inside the taxi, in clearly distinguishable letters and figures.
19. The proprietor or driver of a taxi bearing a statement of fares in accordance with this byelaw shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the taxi is plying or being used for hire.  

Provisions securing the safe custody and re-delivery of any property accidentally left in taxis

20. The proprietor or driver of a taxi shall immediately after the termination of any hiring, or as soon as practicable thereafter, carefully search the taxi for any property which may have been accidentally left therein.
21. The proprietor or driver of a taxi shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to them
22. carry it as soon as possible and in any event within 48 hours if not sooner claimed by or on behalf of its owner, to a police station in the district and leave it in the custody of the officer in charge of the office on their giving a receipt for it and
23. be entitled to receive from any person to whom the property shall be redelivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council, whichever be the greater) but not more than five pounds.

Penalties 

22. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the Standard Scale and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefor. 

Repeal of Byelaws

23. The byelaws relating to taxis which were made by Corby District Council are hereby repealed.
24. The byelaws relating to taxis which were made by East Northamptonshire Council are hereby repealed.
25. The byelaws relating to taxis which were made by Kettering Borough Council are hereby repealed.
26. The byelaws relating to Borough of Wellingborough are hereby repealed.

These Byelaws are made on 16 January 2025 by affixing the Common Seal of the North Northamptonshire Council. 

The Secretary of State this day confirmed the foregoing byelaws and fixed the date on which they are to come into operation as the 3 November 2025. 

1. Introduction

1.1 All licensed hackney carriage vehicles shall comply, in all respects, with the conditions of licensing set out below. The conditions of licence are supplementary to, and should be read in conjunction with, applicable statutory legislation. The conditions are considered to be reasonably necessary by North Northamptonshire Council in relation to hackney carriage vehicles and all hackney carriage vehicle licences will be granted subject to these conditions.

1.2 The conditions will be attached to every hackney carriage vehicle licence unless specifically altered by the council. Additional conditions that are reasonably necessary will be attached to vehicle licences on a case-by-case basis.

1.3 In determining these conditions the council has had regard to the Department for Transport’s Statutory Taxi & Private Hire Vehicle Standards 2022 and the Taxi and Private Hire Vehicle Licensing Best Practice Guidance for Licensing Authorities in England, 2023.

1.4 These conditions are ancillary to and should be read in conjunction with applicable statutory legislation and policies.

1.5 Failure to comply with any of the conditions attached to a hackney carriage vehicle licence may result in North Northamptonshire Council Licensing Penalty Points being issued to the licence holder, or other action such as referral to the Licensing Panel, with a view to potential suspension or revocation of the licence, or other action.

2. General Conditions

2.1 The licence holder must notify the Council of the location where the vehicle is kept regularly when not in use and any authorised officer must be afforded such facilities as may be reasonably necessary to inspect and test the vehicle there.

2.2 After the vehicle has passed the Council test and has been licensed, no material alteration or change in the specification, design, condition, or appearance of the vehicle can be made without written approval from the Council. At all times the vehicle must comply with the specifications for a licensed hackney carriage vehicle detailed in the Hackney Carriage and Private Hire Licensing Policy.

3. Doors

3.1 All doors designed by the manufacturer to allow the access or egress of passengers must function correctly and be capable of being opened from the inside and the outside.

3.2 Tailgates and rear doors must only to be used for loading/unloading luggage or as an emergency exit, unless the vehicle has been designed, modified or adapted to carry wheelchair bound passengers, and has the relevant M1 or M2 Type Approval Certificate, in which case the rear doors may be used for loading those passengers only.

4.Windows

4.1 The minimum light transmission for the vehicle windscreen is 75% and the minimum light transmission for front side windows is 70%.

4.2 The minimum light transmission of windows rear of the B-pillar is 30%.

4.3 The application of aftermarket tinted film to any window, or to the window screen, is not permitted.

5. Ventilation

5.1 The vehicle must have windows at the rear and on each side adjacent to any passenger seating.

5.2 The driver’s window and all passenger windows must function correctly and be capable of being opened and closed by the driver and passengers.

6. Wheelchair Accessible Vehicles (WAV’s)

6.1 All equipment and devices used for or involved in the loading, unloading and secure transportation of wheelchair bound passengers must at all times function correctly and must be used in accordance with the manufacturer’s instructions.

6.2 Access to and egress from the wheelchair carrying position must not be obstructed in any manner, at any time, except by wheelchair loading apparatus.

6.3 Wheelchair internal anchorage points and equipment must be of the manufacturers design and construction and comply with the M1 or M2 standards as specified in European Directive 76/115 EEC (as amended by 90/629 EEC) and not altered or modified in any way.

6.4 A suitable, separate, restraint (seat belt) must be available for the occupant of the wheelchair.

6.5 All access ramps or lifts must be able to support the weight of any wheelchair, occupant and helper and all such devices must have a minimum load rating of 300kg. Relevant information and manufacturers markings must be displayed on all lifting equipment and ramps.

6.6 Ramps, steps and lifts must be securely stored in the vehicle before driving off.

6.7 The vehicle must be fitted with a locking mechanism, or other device, that holds the wheelchair access door in the open position whilst a wheelchair is being loaded or unloaded.

6.8 Any equipment fitted to the vehicle for the purpose of lifting a wheelchair into the vehicle must have been tested in accordance with the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (S/I 1998/2307). Any such equipment must be maintained in efficient working order so as to be available for use at all times.

6.9 The licence holder must ensure that all drivers of wheelchair accessible vehicles have received sufficient training to be able to load/unload and convey wheelchair bound passengers in safety and comfort, with refresher training taking place as necessary. Records of this training must be kept and made available upon request from an authorised officer.

7. Seatbelts

7.1 All hackney carriage vehicles must be fitted with fully operational seat belts, one for each passenger to be carried. Each seat belt to be fully compliant with any relevant legislation and British Standard, except where the law specifically provides for an exemption. Seat belts must be used in accordance with the requirements of the legislation that is applicable at the relevant time.

8. First Aid Kit

8.1 A first aid kit must be always readily available.

8.2 The first aid kit must be of a suitable and comprehensive type that meets the requirements of British Standard BS8599-2 (medium sized kit) and be permanently and legibly marked with the registration number or licence number of the vehicle.

8.3 The contents of the first aid kit must be reviewed regularly to ensure that contents are within date and complete.

9. Tyres

9.1 All tyres on the licensed vehicle must be in good condition and conform with the minimum legal requirements subject to an additional requirement that there must be at least 2mm tread depth at all times.

9.2 Tyres must be correctly inflated to the vehicle / tyre manufacturer's recommended pressure.

9.3 The vehicle must be equipped at all times with, a spare wheel or other manufacturers standard equipment for the vehicle to deal with a punctured or damaged wheel or tyre (such as a gel or foam repair kit).

9.4 All replacement tyres fitted to licensed vehicles must be new (i.e. not have been used previously on any other vehicle), meet the vehicle manufacturers minimum specification for tyres and must have been fitted by a reputable vehicle maintenance company / contractor. Vehicle proprietors are required to retain invoices / receipts to show that any tyre that is purchased meets this requirement.

9.5 ‘Space saving’ spare wheels must only be used in an emergency, and then only in accordance with the manufacturer’s instructions. Should the use of a ‘space saving’ spare wheel become necessary during a period of hire then the journey may continue, but the wheel must be replaced before another journey carrying passengers commences. NOTE Space saver wheels have a maximum speed and distance restriction on them which must be adhered to.

10. Luggage

10.1 Luggage and storage areas must be kept as free space for passenger’s luggage.

10.2 Luggage must be suitably secured in place and must not obstruct any exit, or emergency exit.

10.3 Vehicles with open luggage space must be fitted with a suitable guard or cover between the luggage space and the passenger compartment, which must be in use whenever passengers are carried.

10.4 Vehicles with no clear demarcation between the passenger and luggage areas must be fitted with suitable restraining straps or other approved devices to secure the luggage and prevent it coming into contact with any passenger at any time (including in the case of an accident). These restraining straps or devices must be used whenever passengers’ luggage is being carried.

11. Maintenance and Condition of a Hackney Carriage Vehicle

11.1 No material alteration or change to the specification of the vehicle can be made without the prior written approval of the Council at any time.

11.2 The interior and exterior of the vehicle must be maintained in a clean, safe and proper manner, to the reasonable satisfaction of the Council.

11.3 Bodywork must be maintained to a good condition, paintwork must be sound, uniform across the vehicle, well maintained and free of corrosion, dents, scratches, chips and other signs of wear or deterioration, inferior re-spray work and ‘cover up’ temporary repairs.

11.4 The roof (including any sunroof or removable covering) must be watertight.

11.5 Fittings, furniture and additional equipment fitted in the vehicle must be kept in an acceptably clean condition, well maintained and in every way fit for public service. Items such as taxi-meters, radios, Sat-Nav’s, PDA’s, mobile phone holders and other ancillary items must be securely mounted in the vehicle in such a position as to not hinder or obstruct the driver’s operation of, or view out of, the vehicle, or impede the seating of any passenger.

11.6 The seats must be properly cushioned, covered and free from cigarette burns, rips, splits, tears, stains or any other signs of deterioration or wear.

11.7 The floor must be covered with carpet, mat or other suitable material, properly secured and be free from cigarette burns, rips, splits, tears, stains, deterioration and wear.

11.8 A bulb kit must be carried in the vehicle to allow for effective bulb replacement. One bulb is required for each of the following types of vehicle lamp: headlamp, brake light, reverse, rear position lamp and directional indicator lamp. The bulb kit must be indelibly marked with the registration number or licence number of the vehicle. Where the vehicle is fitted with Original Equipment LED bulbs, these are a non-replaceable part, and the entire headlight or other light/lamp must be replaced

11.9 The doors, windows and seats must function in accordance with the original manufacturer’s specification.

12. Vehicle Safety Checks

12.1 The proprietor/driver must undertake a daily safety check of the vehicle. As a minimum this must be a visual check on all lights, oil, water, tyres, mirrors, seat belts and cleanliness. A written record must be made of each safety check, details of faults recorded, and remedial action taken. The record must be signed by the person undertaking the safety checks and kept in the vehicle for the day of the inspection and then for a further six months by the Proprietor. Template Daily Check Sheets are available from North Northamptonshire Council.

12.2 If required by a Police Officer or authorised officer the driver must produce, to that officer, the recorded daily checks kept in the vehicle and the proprietor, on request by that officer, must produce those recorded checks in his possession and/or those kept in the vehicle.

13. Seats and Passengers 

13.1 The proprietor must not allow a greater number of passengers to be carried in the vehicle than the number specified in the licence.

13.2 In all licensed vehicles provided with a passenger side air bag, no child will be carried in a rear-facing carrier in the front passenger seat.

13.3 A notice must be displayed in the vehicle reminding passengers that it is a statutory requirement to wear the seat belts provided.

13.4 Assistance dogs must be conveyed in a licensed vehicle when requested by the dog’s owner. Any dog so conveyed shall count as one person and no charge shall be levied for any such dog.

14. Taxi-Meter

14.1 The licence holder must ensure that the vehicle is fitted with a taxi meter and that the following conditions are complied with.

14.2 Any meter fitted to the vehicle must be installed in accordance with the manufacturer’s instructions. The tariffs with which the meter has been calibrated must be displayed in the vehicle in such a position as to be visible to passengers.

14.3 All taxi-meters shall be so constructed, or programmed, that it is not possible for any person to manually alter the tariff rate without breaking affixed seals. Each meter must be set, calibrated, and sealed with a tamper-proof seal by a competent meter installer. The vehicle licence holder must obtain and retain written certification of such calibration and sealing. This certification must be provided to an authorised officer of the Council upon request. The meter settings may be verified during the Council’s vehicle test.

14.4 The taxi-meter shall be fitted with a key, flag or other device, the operation of which shall bring the machinery of the taxi-meter into action and cause the word “HIRED” to appear on the face of the taxi-meter.

14.5 Such key, flag or other device shall be capable of being located in such a position that the machinery of the taxi-meter is not in action and that no fare is recorded on the face of the taxi-meter.

14.6 When the machinery of the taxi-meter is in action there shall be recorded on the face of the taxi-meter, in figures clearly legible and free from ambiguity, the fare which the proprietor or driver is entitled to demand, and take, for the hire of the vehicle.

14.7 The word “FARE” shall be printed on the face of the taxi-meter in plain letters so as to clearly apply to the fare recorded thereon.

14.8 The taxi-meter shall be so placed that all letters and figures on the face shall be, at all times plainly visible to any person travelling in the vehicle and, for that purpose, the letters and figures shall be suitably illuminated during any period of hiring. The switch for operating the light provided and the said illumination shall be incorporated in and operated in conjunction with the key, flag or other device which brings the machinery of the taxi-meter into action. No other method of operating the said light shall be employed.

14.9 The taxi-meter and all the fittings thereof shall be affixed to the vehicle with seals or other appliances so that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

14.10 If a fare has not been agreed between the driver (or operator) and the customer, then the fare charged must be that which is shown on the meter. For all journeys starting and ending in North Northamptonshire, any agreed fare cannot be higher than the metered fare.

14.11 The taxi-meter tariff shall be set at a fare, no higher than that published within the Zone of North Northamptonshire. All vehicles must display the appropriate tariff in a place where it is clearly visible to passengers travelling in the vehicle at all times when the vehicle is available for hire.

15. Identification (Licence) Plate

15.1 The identification plates issued by the Council, bearing the number of the licence granted in respect of the vehicle, must be:

• securely fixed on the outside rear and outside front of the vehicle.
• kept in such a condition that the information shown is clearly visible to public view.
• must be fixed on the bracket supplied by the Council unless alternative arrangements have been approved by the Council in writing. Plates supplied for external display must not be displayed from inside the vehicle and in such a manner that they can be removed by an authorised officer of the Council or the Police without causing damage to the vehicle.

15.2 The interior sign provided by the council must be displayed inside the windscreen of the vehicle, in such a position as to be clearly visible at all times to passengers.

15.3 Vehicle licence plates remain the property of the Council at all times and must be returned on surrender, suspension, revocation or expiry of the licence or if the vehicle is sold, or disposed of, out of the licensed trade. If a plate is lost or stolen it must be reported to the Police and evidence of this must be provided upon request by an authorised officer. Written notification of the lost or missing plates must also be submitted to the Council’s Licensing Team via email within 24 hours of the lost or stolen plates being noted.

16. Signs, Notices and Advertising

16.1 All hackney carriage vehicles must display two permanently affixed standard design North Northamptonshire Council door signs in the upper-central area of both front doors. This signage will be supplied by the Council and must not be adapted, modified or obscured in any way.

16.2 The standard door signs must be displayed in the correct orientation and must be maintained in good condition. If damage, defacing, or wear etc is incurred the Licence holder must purchase replacement signage from the Council and replace the damaged / defaced / worn signs immediately.

16.3 In addition to the two standard door signs, vehicles will be permitted to display one small sign on the rear passenger doors of the vehicle, stating the company name and telephone number only. The dimensions of this sign must not exceed 10cm by 10cm.

16.4 Magnetic or other temporary type signage is not permitted.

16.5 No other signs, notices, advertisements, plates, marks, numbers, letters, figures, symbols, emblems, or devices whatsoever can be displayed in, on or from a hackney carriage vehicle, apart from the registration number, licence plates and signage permitted by the Taxi and Private Hire Licensing Policy and its supporting Appendices.

16.7 The foregoing provisions, of this condition, shall not apply to a sign in, on or from a hackney carriage hirevehicle which:

• indicates membership of the AA, RAC or other similar motoring organisation; or
• indicates that passengers should not eat or smoke in the vehicle. Signage in accordance with the Smoke free Workplace Regulations, vehicle requirements, must be affixed to the outside, or inside, of the vehicle indicating that smoking is prohibited in the vehicle; or
• indicates that in-car CCTV surveillance is in use in the vehicle; or
• indicates that the vehicle is suitable, and equipped, for the carriage of wheelchair bound passengers;
• indicates that the driver of the vehicle is exempted through medical grounds from the requirement to carry assistance dogs.

16.8 In addition to the prescribed North Northamptonshire Council signage on both front doors, one commercial advertising panel is permitted on each rear passenger door of a licensed vehicle. Each panel must not exceed 45cm in height and 60 cm in width.

16.9 Advertising and additional signage must not be prejudicial or discriminatory against any group or individual – including, but not limited to; age, race, religion, disability, gender, sexual orientation or nationality, is likely to mislead, is inflammatory, offends or creates barriers between the driver of the vehicle and passengers, the public or other road users. The interpretation of the content of any advert shall be at the sole discretion of the Council.

16.10 All advertisements must meet current advertising standards requirements.

16.11 No other recognition symbols may be affixed to the licensed vehicle, aside from a company reference number.

16.12 The Licence Holder shall affix and maintain whilst the vehicle is licensed as a hackney carriage, an illuminated roof sign, of a design and construction previously approved by the Council, bearing the word “Taxi” and, if desired, a telephone number through which the vehicle may be hired. The sign is to be operated through the setting of the taxi-meter and must only be illuminated when the vehicle is available for hire.

17. Vehicles Converted to run on Liquefied Petroleum Gas (LPG)

17.1 A vehicle converted to run on LPG must display a warning sticker on the front and rear screens stating that the vehicle is fitted with an LPG tank.

18. Copy of Licence Conditions

18.1 A copy of these conditions must be carried in the vehicle at all times and must be available for inspection onrequest by any authorised officer, Police officer, hirer or passenger.

19. Change of Address

19.1 The licence holder must notify the Council in writing via the online change of address form available on the Council’s website, of any change of their home or business address during the period of the licence, within 7 days of such change taking place.

20. Transfer of Hackney Carriage Vehicle Licence

20.1 Where a proprietor transfers their interest in respect of a hackney carriage vehicle, it is incumbent on the current licence holder to provide the Council with written notice (using the prescribed form) of the transfer, giving the name and address of the new proprietor, together with the original licence document, within 14 days of the date of the transfer, together with the appropriate fee.

21. Insurance

21.1 All licensed vehicle owners / operators are required to maintain adequate motor vehicle insurance cover at all times whilst a vehicle is licensed. This insurance must either name all individual licensed drivers of that vehicle or provide full insurance cover for unnamed licensed drivers (such as a fleet policy) for that vehicle.

21.2 Hackney Carriage insurance must comply with Part VI of the Road Traffic Act 1988 and must be in force at all times for the duration of the licence. Public Liability Insurance (minimum cover £2m) is also required in respect of those vehicles licensed to carry passengers in wheelchairs.

21.3 The licence holder must produce, on request, a current, valid, Certificate of Motor Vehicle Insurance (or insurance cover note) which satisfies paragraph 22.1 and 22.2 above.

22. Vehicle Damage

22.1 The proprietor must, as soon as reasonably practicable, but in any case, within 72 hours, notify the Council of any accident involving the vehicle or, of any damage to the vehicle however caused, which affects the safety, performance or appearance of the vehicle or the comfort or convenience of persons carried therein. This notification must be in writing and should be made via the online reporting form on the Council’s website. The vehicle must not be used until a Council Officer has inspected the vehicle and confirmed it may continue to be used.

22.2 A Council test may be necessary to demonstrate that the vehicle is roadworthy. The cost of such a test is to be paid by the proprietor. If the Council determines that the vehicle is unfit for use as a hackney carriage vehicle, a suspension notice under section 68 will be issued.

23. Trailers

23.1 The Council does not permit the use of trailers on licensed vehicles.

24. Items Left in Hackney Carriage Vehicles

24.1 The vehicle proprietor must keep a written or computerised record of lost property that is handed in by passengers or drivers.

24.2 The vehicle proprietor must notify the Licensing Authority of the details and circumstances of the lost property within 7 days.

24.3 The vehicle proprietor must make available for inspection by an authorised officer, or a police officer, the written or computerised record of lost property, and any information entered must be kept for a period of 12 months from the date of entry. The vehicle proprietor must also securely store the lost property for a period of 6 months, after which time it should be disposed of in a secure manner, or if appropriate donated to a charitable purpose.

1. Conditions for Private Hire Operators

1.1 The following conditions are considered to be reasonably necessary by North Northamptonshire Council in relation to private hire operator licences and all private hire operator licences will be granted subject to these conditions. These conditions are made by the Council in pursuit of the powers conferred by Part II of the Local Government (Miscellaneous Provisions) Act 1976 (as amended).

1.2 In determining these conditions the Council has had regard to the Department of Transport Statutory Taxi and Private Hire Vehicle Standards 2022 and Private Hire Vehicle Licensing Best Practice Guidance for Licensing Authorities in England, 2023.

1.3 These conditions are ancillary to and should be read in conjunction with applicable statutory legislation.

1.4 Failure to comply with any of the conditions attached to this licence may result in North Northamptonshire Council Licensing Penalty Points being issued to the licence holder, or other action such as referral to the Licensing Panel, with a view to potential suspension or revocation of the licence.

2. Operator’s Licence

2.1 The objective in licensing private hire vehicle operators is the safety of the public, who will be using operators’ premises and the vehicles and drivers arranged through them.

2.2 When assessing the fitness and propriety of an applicant or licence holder to hold a Private Hire Operator Licence, the Council will use the suggested test contained in the Institute of Licensing’ Guidance on determining the suitability of applicants and licensees in the hackney carriage and private hire industry (2024), as below.

Without any prejudice, and based on the information before you, would you be comfortable providing sensitive information such as holiday plans, movements of your family or other information to this person, and feel safe in the knowledge that such information would not be used or passed on for criminal or unacceptable purposes. 

2.3 When making a first application for a licence or when applying to renew a licence, the Applicant must disclose any unspent and spent convictions (but not protected convictions) on the application form. The Council will consider this information when assessing whether an applicant is a fit and proper person to obtain or retain a licence.

2.4 Where a licence is sought in the name of a limited company, partnership or other business structure, all requirements applicable to an individual applicant applies. This means that each director or partner of the applicant organisation must disclose the information mentioned at Paragraph 2.3.

2.4 Operator licences are not transferable. The operator must notify the Council in writing of any change in partnership, directorship, management or control of the business within 5 working days.

2.5 The standard length of a licence is 5 years for private hire vehicle operators. Any shorter duration licence will only be issued when the Council thinks it is appropriate in the specific circumstances of the case. For example, the licence holder’s leave to remain in the UK is time-limited, the licence holder has requested a shorter duration, or the licence is only required to meet a short-term demand. Private hire vehicle operator licences will not be issued on a ‘probationary’ basis.

2.6 The operator must notify the Council in writing within 5 working days of any other material change affecting the licence during its validity.

2.7 The operator must notify the Council, providing full details, of any conviction, binding over, caution, warning, reprimand or arrest for any matter (whether or not charged) imposed on the licence holder (or if the operator is a company or partnership on any of the directors, secretary or partners) during the period of the licence, within 48 hours of the offence (this does not apply where the arrest, conviction, reprimand, warning or caution relates to a motoring offence).

2.8 The operator must notify the Council in writing within 7 days of any change of home address whether permanent or temporary.

2.9 The operator must inform the Council if they are going to be absent from the day to day running of the business for a period of 2 consecutive months or more. In doing this, the operator must give the name of the person that will be responsible for the running of the business on their behalf.

3. Operator checks 

3.1 Licensed operators must undertake a basic criminal record (DBS) disclosure check as part of their application to obtain a licence and then annually for the duration of the licence and submit the original disclosure certificate to the licensing authority. In the event that a basic disclosure certificate is not submitted annually, the private hire operator licence will be suspended until the basic disclosure(s) are received.

3.2 Where a licence is sought/has been obtained in the name of a limited company, partnership or other business structure, all requirements applicable to an individual applicant applies. This means that each director or partner of the applicant organisation must undertake a basic criminal record (DBS) disclosure check at the initial application stage and thereafter annually for the duration of the licence.

3.3 The above at 3.1. and 3.2 does not apply to any private hire operator who is also licensed as a driver, as the required enhanced disclosure for drivers is sufficient. However, where the reliance is on the driver licence DBS check and this is not done, then both licences will be suspended until the results of a check are received.

3.4 The Council also considers it appropriate to ensure that private hire vehicle operators administer their business correctly. The Council will check open source information, cross checking information with Companies House and will request financial records to assist the Council in assuring itself that the company is suitable to be licensed.

3.5 Evidence of appropriate public liability insurance must be provided with the application.

4. Booking and dispatch staff 

4.1 Licensed operators must maintain a register of all staff that take bookings and/or dispatch vehicles. This register is to be available for inspection by an authorised officer.

4.2 Operators are required to obtain and review a basic criminal record check (DBS) on all individuals listed on their register of booking and dispatch staff (4.1 above) and this must be compatible with their policy on employing ex-offenders.

4.3 When individuals are employed to take bookings or dispatch vehicles for an operator they should be required, as part of their employment contract, to notify the operator of any convictions while they are employed in this role.

4.4 The booking and dispatch staff register is to be a ‘living document’ that maintains records of all those in these roles. The disclosure certificate should be no older than four weeks when viewed by the operator.

4.5 Where staff leave, their individual record is to be retained for a minimum of three years. All records in the register must be made available for inspection when requested by an authorised officer. This is to allow for the cross-referencing between the register and booking information.

4.6 A record that the operator has had sight of a DBS basic disclosure certificate is to be retained for the duration that the individual remains on the register. If an individual ceases to be on the register and is later re-employed, a new DBS basic disclosure certificate is to be requested and sight of this recorded.

4.7 Operators may outsource booking and dispatch functions, but they cannot pass on the obligation to protect children, vulnerable adults, or protection of personal data. Operators are required to evidence that comparable protections are applied by the company to which they outsource these functions.

4.8 Operators must have a documented policy on employing ex-offenders in roles that would be on the register as above. As with the threshold to obtaining a private hire vehicle operator’s licence, those with a conviction for offences provided in the North Northamptonshire Criminal Convictions and Suitability Policy may not be suitable to decide who is sent to carry a child or vulnerable adult unaccompanied in a car, or for handling sensitive personal information.

4.9 The operator shall ensure that they only make use of drivers and vehicles licensed by North Northamptonshire Council (except when sub-contracting bookings) and shall ensure that all drivers and vehicles engaged or employed by them comply with all licence requirements laid down by North Northamptonshire Council.

4.10 The operator shall notify the Council, in writing, within 7 days of the engagement or employment of a new private hire driver, and of any additional private hire vehicles. The operator shall also inform the Council of the termination of engagement, employment or operation of such hackney carriage or private hire drivers or vehicles within 7 days of the event.

4.11 All staff in customer facing roles should be trained in disability awareness, or have their knowledge and skills assessed, and be encouraged through targeted and general communications to uphold the highest standards of customer service. Training or assessment should include but not be limited to:

• The features of an inclusive, high-quality service.
• Appropriate attitudes, behaviours, and skills.
• Assistance that can be provided to all passengers.
• The protected characteristics, and related Equality Act 2010 duties.
• Understanding the different barriers that disabled people face when using private hire vehicles, and how they might be identified.
• The role of private hire vehicles in enabling disabled people to be independent and the role of operators in facilitating this.
• How to communicate with people with different communication needs.
• How to assist people with a range of visible and less visible impairments.
• Legal obligations towards disabled passengers and the consequences of not complying with them.
• An assessment of the trainee’s knowledge and skills

5. Conditions 

5.1 The licence is not transferable and only applies to the premises specified on the licence.

5.2 Should the operator cease to carry on a private hire vehicle business they shall return their operator’s licence to the Council within seven days.

5.3 The operator shall ensure that each private hire vehicle operated by them is:

• in a suitable mechanical condition
• safe, comfortable, clean, and presentable
• at all times covered under a suitable valid motor vehicle insurance policy for the type of activity being undertaken and for the drivers using the vehicle
• displaying the current vehicle licence plates in the manner required.
• only driven by drivers licensed by North Northamptonshire Council.

5.4 While the driver of a vehicle is always legally responsible for its condition while in use, the Operator should have in place systems to ensure that vehicles are in sound condition and meet the requirements of this Council’s conditions prior to being taken on the road. Drivers must be required to conduct a daily walkaround check as part of their core role, irrespective of their employment status with the company and complete the vehicle condition checklist.

5.5 Where more than one driver will use the vehicle during the day's running, the driver taking charge of a vehicle should make sure it is roadworthy and safe to drive by carrying out their own walkaround check.

5.6 Drivers must be required to retain the vehicle checklist as proof that they have undertaken the required vehicle check and produce it on request to an officer of the Council or a police officer. Operators must regularly audit that checks are taking place and record the audit together with any sanctions for failure to comply. Drivers should be made aware that they may be subject to sanctions if they are unable to produce this. Further sanctions may result against them, as well as vehicle operators / proprietors, if they are found using a defective vehicle, especially if the condition of the vehicle is such that it is obvious no routine checks have occurred over a number of days.

5.7 The private hire operator licence granted by North Northamptonshire Council must be on display at all times, at the premises designated in the licence and a copy of these conditions must also be retained at the premises. The operator shall make the licence and these conditions available for inspection by actual or potential fare paying passengers on request.

5.8 Where any property is left by a customer in the business premises, or where a licensed driver employed by the operator passes lost property found in a licensed vehicle to the operator, the operator must make reasonable effort to return such property to its rightful owner. The operator must provide notification of the details and circumstances of the lost property and submit this information via email to the Licensing Authority within 7 days.

5.9 The vehicles register (7.0) below) will be kept by the operator at the licensed operating address. The operator shall record detailed particulars of private hire vehicles operated by the operator. This register must be kept up to date at all times.

5.10 The operator must not fail or refuse to accept a booking by or on behalf of a disabled person accompanied by an ‘assistance dog’, when the reason for failure or refusal is that the disabled person will be accompanied by the ‘assistance dog’.

6. Operator Vehicle Register

6.1 The operator shall keep legible, hand-written or computerised records of the particulars of all private hire vehicles operated by him in accordance with Section 56(3) of the Local Government (Miscellaneous Provisions) Act 1976, including the:

• Vehicle registration mark
• Make, model, colour
• Number of passenger seats. (As authorised by the hackney carriage/private hire vehicle licence)
• The hackney carriage/private hire licence number
• The company call-sign for the vehicle
• The vehicle proprietors name and address
• Insurance particulars of all vehicles working on behalf of the operator
• The date the vehicle was added to the operator’s fleet
• The date the vehicle was withdrawn from the operator’s fleet.

7. Operator Driver Register 

7.1 The operator shall keep legible, hand-written or computerised records of the particulars of all drivers of hackney carriage and/or private hire drivers operated by them, including:

• The name, address and company call-sign assigned to the driver
• The date the driver starts working for the operator
• The date the driver stops working for the operator
• Any change of address of a driver during the course of his service with the operator
• Any illness, disability or condition which may affect a driver’s ability to safely carry out their duties, where the operator becomes aware of any such condition
• The North Northamptonshire Council hackney carriage/private hire driver licence number and expiry date of same

7.2 The operator shall retain the licence of any driver engaged by them, until such time as the driver ceases to be so engaged. Such licenses shall be made available for inspection by the Council or the Police at all reasonable times. The operator shall also ensure that all drivers engaged by them are in possession of the appropriate driver badge issued by North Northamptonshire Council.

7.3 All entries made in the private hire bookings register, the driver register and the vehicles register must be made in ink and all such entries must be legible and understandable to an authorised officer of the Council.

7.4 Any accidents or damage sustained to a private hire vehicle which materially affects the safety, performance or appearance of the vehicle must be notified to the Council on the official accident form as soon as practicable and in any case within seventy-two hours.

8. Business Premises 

8.1 The operator must only conduct business from the office at the address specified on the licence. Any operator wishing to conduct business from any additional address(es) (e.g. secondary booking offices) must make application in writing to the Council’s licensing team and await approval before making use of any additional premises. This is in addition to any other consents required. The Council reserves the right for an authorised officer to inspect all such premises for suitability and compliance with the requirements of these conditions.

8.2 The operator must not cause or permit the business premises to be used by any other person(s) for any other purpose than that connected with the conduct or operation of the private hire business. This condition will not apply if the business premises is the residential address of the licensed operator

8.3 The operator must not conduct his business, nor employ or utilise any person to conduct his business in any premises, the use of which have not been approved by the Council.

8.4 The licensed operating premises must be maintained in a suitable clean and safe condition at all times.

8.5 Any telephone facilities, radio equipment or PDA systems provided must be maintained in a sound condition and any defects must be repaired promptly.

9. Record keeping 

9.1 The operator must keep an accurate record of every booking of a private hire vehicle or hackney carriage accepted by him/her. The loss of records by theft or otherwise must be reported to the Council in writing within twenty-four hours, and immediately to the police in the event of theft being suspected. Separate records must be kept at each premises from which the operator conducts business. The records must always be kept at the business premises and not removed.

9.2 All such records must be in English, permanent, legible and preserved for a period of 3 years following the date of the last entry. Records must be kept in one of the following forms:

• a bound book with consecutively numbered pages (loose leaf registers are not acceptable) written in ink
• or on continuous stationery which has been generated in the form of an instantaneous print out by a computerised system. The operator must ensure that adequate supplies of continuous stationery and ink cartridges are maintained, and that the printer is always appropriately replenished to ensure that full and legible booking details are printed, or
• a computerised recording system which automatically generates a permanent entry that cannot be modified after the booking has been made. All computerised records must be available for inspection on request.
• any electronic records must be backed up at least every twenty-four hours to a separate secure data storage and retrieval system.

9.3 Irrespective of the system used, the operator must, at the time the booking is taken ensure that the following information is recorded:

• the name, address and telephone number of the hirer;
• the date and time the booking was received (and any subsequent cancellation);
• the time of the journey, together with the journey date (if different from the booking date);
• the address or name of the premises from which it is to commence (i.e. the point of pick up of the passenger(s));
• the address or place of destination;
• the name of the driver;
• the driver’s licence (badge) number;
• the vehicle registration number of the vehicle;
• the name of any individual that responded to the booking request;
• the name of any individual that dispatched the vehicle;
• remarks (including details of any sub-contracting to another licensed operator)

9.4 These booking records are to be retained for a minimum of three years and are to be made available for inspection when requested by an authorised Officer of the Council or Police Officer.

9.5 Where any bookings are sub-contracted either by the operator to another licensed operator or are accepted by the operator from another operator, a full record of the booking (in line with 9.3 above) and notes must be included; including the name of the sub-contractor and contact information.

9.6 No alterations to records may be made – any amendment must be made to the original record by way of an addition.

9.7 The records of bookings must be maintained and kept up to date at all times and must be made available for inspection at all reasonable times without notice by any duly Authorised Officer of the Council or any Police Officer. Such officers must be permitted to photograph and / or remove such records from the premises if so required. Printed copies of records must be made available on request.

9.8 Personal information must not be used for any other purpose other than that for which it was collected without the express permission of the individual to which the information relates.

9.9 Telephone numbers provided by customers so that they can be alerted / updated by SMS text message with regard to a booking they have made must only be used for this purpose. The information must not be retained by the operator other than within the register after the text message has been sent, and / or used for any other purpose (such as unsolicited marketing calls).

9.10 Private hire operators have a duty under data protection legislation to protect the information they record. The Information Commissioner’s Office provides comprehensive on-line guidance on registering as a data controller and how to meet their obligations.

10. Complaints

10.1 Operators are to have a written complaints procedure. The procedure must state that all written complaints must be responded to within a maximum of twenty-eight days. The procedure is to appear on the operator’s website (where used) and is to be displayed in any premises to which the public have access.

10.2 The operator must keep a register of all complaints made to them.

10.3 The register is to be readily available at all times and must be produced for inspection on request by an authorised officer. Records shall be retained for a minimum of three years.

10.4 The register shall contain the following details:

• name, address and telephone number of the complainant
• nature of complaint
• any action taken as a result of the complaint

10.5 The operator is to inform the Council immediately of any complaints received (verbal or written) relating to a driver or dispatcher at the company, whether employed or self-employed of a serious nature (including but not limited to sexual matters, violence or verbal abuse including racial abuse).

10.6 The operator shall be ultimately held accountable for the conduct of their licensed drivers and staff. Where repeated complaints are received about an individual driver or member of staff in their employ, the operator is required to take appropriate action to ensure further complaints are not received and record the action taken.

11. Hiring

11.1 All private hire bookings must be accepted by the operator unless there is a legitimate and robust cause not to and shall be carried out promptly at the appointed time, date, and place. Where a booking is refused, the reason for declining the booking must be logged in writing and must include the customer’s name, date, time, requested journey details and the name of the operative declining the booking. This information shall be made available by the Operator for inspection by an authorised Officer of the Council at any reasonable time.

11.2 The operator shall make provision for their private hire drivers to convey any assistance dog(s) accompanying a passenger, at the hirer’s request unless the driver has been issued with a medical exemption certificate by the Council.

11.3 The operator must not accept any booking for a particular private hire vehicle which would require the vehicle to carry more passengers than it is licensed to carry. This includes all school contracts. The operator must ensure that seat belt legislation is complied with at all times.

11.4 The operator must not operate a private hire vehicle without the driver of such being licensed by North Northamptonshire Council. The operator must personally examine the drivers’ licences issued by the Council and satisfy themselves as to their validity.

12. Insurance 

12.1 The operator must ensure that public liability insurance is in force throughout the validity of the licence for each operating base to a minimum cover of £5 million. Wheelchair Accessible Vehicles which are capable of carrying electric wheelchairs must have the necessary insurance cover in place for their transportation.

12.2 Where the operator directly employs licensed taxi drivers, employer’s liability insurance should also be in place.

12.3 Certificates of valid liability insurance must be produced on demand to any authorised Officer of the Council.

1. This document provides guidance in relation to the penalty point system for hackney carriage and private hire enforcement used by North Northamptonshire Council. The system operates alongside and in addition to the Council’s other enforcement powers in respect of hackney carriage and private hire licensing rules and controls. The operation of the penalty point system is not intended to fetter the Council’s discretion to exercise its full complement of enforcement powers as it deems appropriate.
2. Penalty points may be awarded to Licence Holders for failure to comply with the Council’s conditions, standards, byelaws, policies, and legislative requirements. Points issued under this system may be awarded to Hackney Carriage or Private Hire Drivers (and those holding a dual driver badge), holders of a Hackney Carriage or Private Hire Vehicle Licence and to Private Hire Operators.
3. Licence Holders should be aware that points accrued under this system are separate to the ‘penalty points’ (endorsements) that courts can put on a motorist’s licence.
4. The penalty point system is enforced by authorised officers of the Council who are duly authorised under the Local Government (Miscellaneous Provisions) Act 1976 and the Town and Police Clauses Act 1847.  Points may be issued which result from information provided by Police Officers, Police Community Support Officers, other Local Authority Officers, as well as from members of the public, where there is appropriate evidence to do so.   
5. When determining whether a licence holder has breached relevant legislation, byelaws, standards, policy, or conditions, the enforcing officer will have reference to the Council’s Enforcement Policies. Where it is decided that the use of penalty points is appropriate, they will be issued in accordance with the rate in the attached schedule.
6. Before penalty points are issued there must be sufficient evidence to prove the offence or breach of conditions. Evidence for penalty points is considered ‘on the balance of probability’, not the higher threshold of ‘beyond reasonable doubt’.
7. Each case will be considered on its merits.
8. Penalty points will be issued according to the points designated for that specific breach. When points are issued by an authorised officer, the owner/proprietor, operator or driver will be sent written confirmation within 5 working days. The Council reserves the right to issue penalty points to the driver, vehicle licence holder and operator for the same contravention or breach if the circumstances warrant it. There is a right of appeal to the Licensing Panel. However, anyone wishing to appeal should be aware that the Licensing Panel may decide to extend the period for which the points have effect or apply another sanction, should they feel there is merit in doing so.
9. Points incurred will remain on the record for a fixed period. The usual duration of a driver and private hire vehicle operator licence is 3 and 5 years respectively. To ensure that all past behaviour is taken into account when considering whether to grant a licence, the points will remain on record from the date of the incident for 3 years for drivers and proprietors and 5 years for private hire vehicle operators. If a licence lapses during this period, the points will be kept on record and will generally be carried onto any new licence issued. The Council will, however, consider whether a review is undertaken within a shorter period for example, a year in situations where points are incurred as this may indicate rapidly deteriorating standards or unsatisfactory conduct. Licence Holders who regularly accumulate points can expect more serious consequences, such as longer periods of suspension and possible revocation of their licence.
10. Any driver, proprietor or operator accumulating 12 points within the designated period will be required to appear before a hearing of the Licensing Panel for a review of the conduct of the licence holder and whether further action is necessary to address any concerns.
11. Where a driver, proprietor or operator is brought before a Licensing Panel, the Panel Members may exercise one of the following options:
12. Extend the period in which points remain live
13. Issue a written warning
14. Suspend the licence
15. Require the licence holder to undertake training, practical assessment and / or testing, as well as, or instead of any of the above
16. Revoke the licence
17. Take no further action
18. Any other action the Licensing Panel deems appropriate.
19. Any driver, operator or proprietor required to appear before a Licensing Panel having accumulated 12 points shall be entitled to make representations to the Panel or be legally represented at the hearing.
20. Any driver, proprietor or operator given a period of suspension or having their licence revoked shall be entitled to appeal to Magistrates’ Court within 21 days of notification of the Licensing Panel’ decision.
21. If the Licensing Panel decides that any points will remain live, they must stipulate the point (date) at which they will expire.
22. Nothing in this penalty points system will stop the Council from acting under any other appropriate legislation.
23. This penalty points system will be reviewed in tandem with the next review of the Council’s Hackney Carriage and Private Hire Licensing Policy but may be reviewed in the intervening period where necessary.
24. The Council reserves the right to suspend, revoke or refuse to renew a licence or to prosecute in appropriate circumstances and without reference to the penalty points system. 

Private hire and hackney carriage vehicle licence - Penalty points (will be issued to the vehicle owner / proprietor or operator)

Hackney carriage vehicle licence only – Penalty points (will be issued to the vehicle owner / proprietor)

Hackney carriage and private hire driver licence (points will be issued to the licensed driver)

Private hire operator licence – Penalty ooints (will be issued to the private hire operator)

1. Introduction

1.1 North Northamptonshire Council is under a duty to record certain taxi and private hire driver licensing decisions where the decision is based wholly or in part on information relating to the driver concerning safeguarding or road safety. The types of decisions which must be recorded include:

• Refusing a taxi or private hire driver’s licence application
• Refusing to renew a taxi or private hire driver’s licence application
• Suspending a taxi or private hire driver’s licence application
• Revoking a taxi or private hire driver’s licence.

1.2  The Council must before it decides whether to grant or renew a driver licence, search the register for any entry relating to the applicant. If there is a relevant entry, the Council must contact the recording authority to request the relevant information (as defined at Section 1 of the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022). The Council will have regard to the information provided when making its decision. 

2. Scope

2.1 This document covers how North Northamptonshire Council will use NR3S and how the Council will comply with data protection requirements.

2.2 In this document, the ‘first authority’ refers to a licensing authority which made a specific entry onto the National Register for Revocations, Refusals and Suspensions the ‘second authority’ refers to a licensing authority which is seeking more detailed information about the entry.  

3. General Principles

3.1 When an application for a new drivers’ licence, or renewal of an existing drivers’ licence is received, the Council will make a search of the NR3S. If details are found that appear to relate to the applicant, a request will be made to the authority that entered that information for further details.

3.2 Any information that is received from any other authority in relation to an application will only be used in relation to that application, and the determination of it, and will not be used for any other purpose. &

3.3 The Council is under a duty to record the licensing decision on the register and to ensure (whether by amending, removing, or reinstating it) that the entry is kept up-to-date so as to reflect any subsequent change made to the decision:

• By the Council
• On appeal against the Council’s decision
  or
• On any subsequent appeal

during the period of 11 years beginning with the day on which the entry is first made and keep a record of the relevant information and the decision until the end of period referred to in the bullet list at 3.3.

3.4 The data will be held securely in accordance with the Council’s general policy on the secure retention of personal data. At the end of the retention period, the data will be erased and/or destroyed in accordance with the Council’s data protection policy.

4. Searching NR3S for new applicants or renewals      

4.1 When an application is made to North Northamptonshire Council for the grant of a new, or renewal of a Hackney Carriage and / or Private Hire Driver Licence, the Council will carry out a search on NR3S.   

4.2 The Council will then retain a clear written record of every search that is made of the register. This will detail:

• the date of the search
• the name or names searched
• the reason for the search (new application or renewal)
• the results of the search
  and
• the use made of the results of the search (this information will be entered to the register at a later date).  

4.3 This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 11 years.

4.4 If the Council discovers any match (i.e. there is an entry in the register for the same name and identifying details) a request will be made to the authority that entered those details (the first authority) for further information about that entry.  That request will also include details of North Northamptonshire Council’s data protection policy in relation to the use of any data that is obtained as a result of this process.

4.5 This request will be made in writing in accordance with the form at the end of this document. It will be posted or emailed to the contact address of the authority that entered those details (the first authority) which will be detailed in the register.   

5. Responding to a request made for further information regarding an entry      on NR3S   

5.1 When the Council receives a request for further information from another authority a clear written record will be made of the request having been received. This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 11 years. 

5.2 The Council will then determine how to respond to the request and will not simply provide information as a blanket response to every request.  

5.3 The Council will conduct a Data Protection Impact Assessment. This will consider how the other authority (the second authority) will use the data, how it will store that data to prevent unauthorised disclosure, the retention period for that data, and the mechanism for erasure or destruction of the data at the end of that period. It is expected that if the second authority has adopted a policy similar to this, that should be a reasonably straightforward process.  

5.4 If the Council is satisfied that the other authority’s (the 2nd authority) data protection procedures are satisfactory consideration will then be given as to what information will be disclosed. This will be determined by an officer who has been trained to discharge this function. Any disclosure must be considered and proportionate, taking into account the data subjects’ rights and the position and responsibilities of a hackney carriage and/or private hire driver. Data is held on the NR3S register for a period of 11 years, but North Northamptonshire Council (the 1st authority) will not disclose information relating to every entry. Each application will be considered on its own merits.

5.5 The Council will disclose information relating to a refusal to grant a new or renewal application, and suspension and revocation of a drivers’ licence in accordance with the timescales contained within North Northamptonshire Council’s policy. Where the reason for refusal to grant a new or renewal application, or suspension, or revocation relates to a conviction which is within the timescales determined in this policy (Appendix A - Criminal Records and Suitability), the information will be disclosed. Where the reason for refusal to grant a new or renewal application, or suspension or revocation relates to a conviction which is outside the timescales determined in these guidelines, the information will not be disclosed. However, in every case, consideration will be given to the full circumstances of the decision and there may be occasions where information is provided other than in accordance with this policy.   

5.6 Any information about convictions will be shared in accordance with this policy under schedule 1, part 2, paragraph 12 of the Data Protection Act (DPA) 2018 that is:   

Regulatory requirements relating to unlawful acts and dishonesty etc  

12(1)    This condition is met if:

(a) the processing is necessary for the purposes of complying with, or assisting other persons to comply with, a regulatory requirement which involves a person taking steps to establish whether another person has—

(i) committed an unlawful act, or

(ii) been involved in dishonesty, malpractice or other seriously improper conduct,

(b) in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing, and

(c) the processing is necessary for reasons of substantial public interest.

(2)   In this paragraph—

“act” includes a failure to act

“regulatory requirement” means—

(a) a requirement imposed by legislation or by a person in exercise of a function conferred by legislation, or

(b) a requirement forming part of generally accepted principles of good practice relating to a type of body or an activity.

5.7 The officer will keep a clear written record of every decision that is made as a result of a request from another authority. This will detail:  

• the date the request was received
• how the data protection impact assessment was conducted and its conclusions
• the name or names searched
• whether any information was provided
• if information was provided, why it was provided (and details of any further advice obtained before the decision was made)
• if information was not provided, why it was not provided (and details of any further advice obtained before the decision was made)
  and
• how and when the decision (and any information) was communicated to the requesting authority.  

This record will not be combined with any other records and will be retained for the retention period of 11 years.  

6. Using any information obtained as a result of a request to another      authority

6.1 When the Council receives information as a result of a request that has been made to another authority, it will take that information into account when determining the application for the grant or renewal of a hackney carriage and/or private hire driver licence. This will be in accordance with the usual process for determining applications.        

6.2 The Council will make and then retain a clear written record of the use that is made of the results of the search (this information will be added to the register detailed above). Information that is received may warrant significant weight being attached to it, but it will not be the sole basis for any decision that the Council will make in relation to the application.  

1. Exemptions from Displaying Licence Plates

1.1 Under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 the Council may in certain circumstances exempt a vehicle from displaying licence plates and at the same time exempt the driver from displaying a badge. 

1.2 Plate exemption will only be available for certain vehicles operating in certain circumstances. The plates and signs are there as a readily visible method to identify a licensed vehicle and to protect public safety. However, it is acknowledged that there may be grounds where the display of plates may work to the disadvantage of the customer, a situation acknowledged by the Council.

1.3 The Council will therefore accept applications for the display of plates to be exempted where the vehicle is considered to be a luxury class vehicle providing executive services to businesses and individuals. Exemptions will not be given to vehicles carrying out normal private hire duties which includes vehicles such as limousines used for airport and other holiday transport, parties, proms, and other typical private hire functions. 

1.4 If an exemption is granted from displaying licence plates, the following additional conditions will be added to the private hire vehicle licence, in addition to the relevant standard licence conditions for all private hire vehicles: 

• When operating under the discreet plate policy the windscreen badge issued by the Council will be displayed at the nearside of the front windscreen at all times.
• The Exemption Notice issued by the Council in respect of the licensed private hire vehicle will be carried in the vehicle at all times and will be produced upon request to an authorised officer of the Council or any Police Officer.
• Other than the windscreen badge, the proprietor will not display in, on or from the vehicle any advertisement, signage, logos, or insignia advertising the operating company or the vehicle’s status as a private hire vehicle, nor any such material relating to the company that has hired the vehicle.
• When issued with an Exemption Notice, the vehicle will not be required to display any other signs which the Council may at any time require private hire vehicles to display, other than no smoking/no vaping signs or other signs which the Council considers necessary for public safety or legal compliance reasons. Signs must be placed discreetly but must be visible to occupants of the vehicle.
• If a taximeter is installed within the vehicle and is used to calculate the fare, it shall be installed in such a manner that it can be concealed from normal view when operating under plate exemption.
• During the period of the exemption notice, the driver shall not wear the private hire driver’s badge but will have it on their person and make it available for inspection by an authorised officer of the Council, a Police Officer, or a passenger, on request.

1.5 At all times during the period of the exemption notice, the driver of the vehicle will be a member of the Chauffeur’s Guild and will be appropriately dressed in either a formal chauffeur’s uniform or a business suit with collar and tie. The Council will accept more informal clothing where there is evidence to show that this was requested by the hirer.

1.6 When issued, the discreet plate is required to be displayed in the lower nearside corner of the front windscreen at all times. The licence plates are to be carried in the boot of the vehicle at all times. 

1.7 The exemption only applies to work for business clients or similar and not routine private hire work including events such as prom nights.  

1.8 Failure to comply with these requirements will result in the exemption being rescinded. 

1. Introduction

1. This appendix relates to the use of surveillance cameras, also known as Closed Circuit Television (CCTV), in licensed vehicles. The content is designed to facilitate the use of surveillance cameras in licensed vehicles, to protect drivers and passengers, whilst ensuring licence holders respect passenger privacy.
2. Proprietors / Operators of vehicles licensed by North Northamptonshire Council will be permitted to voluntarily install CCTV, upon approval under this policy and subject to adherence with this policy throughout the duration of the proprietor’s / operator’s licence.
3. Licence holders are advised that school transport contracts may preclude the installation of CCTV in their vehicle. 

1.4 This protection is intended to come from: 

• Visible surveillance cameras deterring individuals from committing a crime through the knowledge that evidence of it will be recorded.
• Occupants of the vehicle feeling reassured that crimes, as well as malicious complaints against drivers, are less likely to occur in an environment protected by surveillance cameras.
• Informing investigations by the Council and police. 

1.5 The absence of CCTV in a licensed vehicle does not indicate that the owner of the vehicle has failed to pay attention to passenger or driver safety. 

2. Legality 

2.1 The ICO and Surveillance Commissioner have given the strongest possible advice that mandatory CCTV is very difficult for licensing authorities to justify.  

2.2 The Council considers that CCTV in licensed vehicles as a mandatory requirement would not be proportionate. As such, CCTV is not a licence requirement of North Northamptonshire Council; however, this policy outlines the requirements for those wishing to voluntarily install CCTV.

2.3 This policy has been produced in consideration of The Data Protection Act (2018), General Data Protection Regulations (GDPR) and Article 8 of the European Convention on Human Rights. The policy has regard to The Local Government Association’s ‘Developing an approach to mandatory CCTV in licensed vehicles and PHVs’. 

2.4 Data recorded by any CCTV system must be handled in accordance with The Data Protection Act and GDPR. The Information Commissioner’s Office (ICO) is the UK regulator for all matters relating to the use of personal data.  

2.5 It is contrary to the Motor Vehicle (Construction and Use) Regulations, 1986, for equipment to obscure the driver’s view of the road through the windscreen. 

3. Compliance, Regulation and Complaints 

3.1 The Surveillance Camera Commissioner (SCC) works to encourage compliance with the ‘Surveillance camera code of practice’. Licence holders should follow the Surveillance Camera Commissioner’s ‘Passport to Compliance’ to plan, implement and operate a system which complies with the Surveillance Camera Code of Practice. Licence holders are also recommended to obtain third party certification with the Surveillance Camera Commissioner. 

3.2 The Information Commissioner’s Office (ICO) is the regulatory body responsible for enforcing compliance with privacy and data protection legislation. Licence holders should have regard to the Information Commissioner’s Office Code of Practice, ‘In the picture: A data protection code of practice for surveillance cameras and personal information’.

3.3 If a passenger wants to request CCTV footage relating to them, they should make a Subject Access Request (SAR) to the Data Controller detailed on the signage in the vehicle. Signage is covered in greater detail in this document, under the section ‘Signage and Advising of CCTV’. Information on how to make a valid SAR.

3.4 If a passenger has an issue with their journey relating to the use of CCTV, they should contact the Data Controller in the first instance, using the details displayed on the CCTV signage within the vehicle. 

3.5 If the Data Controller fails to resolve the issue, the complainant may escalate this to the ICO.

4. ICO Registration as Data Controller 

4.1 The ICO defines a ‘data controller’ as the individual or organisation which has ultimate responsibility for how personal data is collected and processed.   

4.2 For the purpose of the installation and operation of in-vehicle CCTV, the data controller is the vehicle licence holder. The licence holder must be registered with the Information Commissioner’s Office and be able to evidence continuous registration throughout the lifetime of the licence. 

4.3 Registration with the Information Commissioner’s Office requires renewal on an annual basis, and payment of the appropriate fee. 

5. Data Processors 

5.1 A data processor, in relation to personal data, means any person (other than an employee of the data controller) who processes data on behalf of the data controller, in response to specific instructions. Where a service provider is authorised for the remote storage and/or management of CCTV data, they will act as a ‘data processor’. 

5.2 There must be a formal written contract between the data controller and data processor. The contract must contain provisions covering security arrangements, retention/deletion instructions, access requests and termination arrangements. 

6. Audio Recording 

6.1 The Council cannot justify audio recording within its licensed vehicles as a proportionate solution to prevent and record crime.  As such, CCTV systems must not be used to record conversations as this is highly intrusive to people’s data rights and unjustified in meeting the purpose of preventing and evidencing crimes. You should choose a system without this facility where possible and system that comes equipped with an independent sound recording facility must be turned off or disabled in some other way. 

7. Signage and Advising of CCTV 

7.1 Any vehicle fitted with CCTV must display clearly visible and readable signage informing passengers that such a system is fitted. This signage must be displayed so as to minimise obstruction but must be visible both outside and inside of the windows of every passenger door of the vehicle.  

7.2 The signage must contain: 

• The purpose for using the surveillance system, “in the interests of public safety, crime detection and crime prevention”.
• The name and contact number of the Data Controller, which should be the vehicle licence holder. North Northamptonshire Council is not the Data Controller.
• The Data Controller’s ICO Registration Number. 

7.3 If signage is lost or removed, new signage must be installed prior to any licensable activities being undertaken. 

7.4 The driver should also verbally advise passengers that CCTV is in operation where necessary e.g. where people may have visual impairments and/or hearing difficulties. 

8. Storage of Data 

8.1 Data must be handled securely in a way that ‘ensures appropriate security’, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.  

8.2 CCTV footage must be encrypted to prevent unauthorised access. Data should be deleted after thirty-one days, unless it has been legitimately shared, in which case it should be deleted when appropriate on the conclusion of the request. 

8.3 Digital screens within the vehicle for the purposes of viewing footage are prohibited. 

9. Sharing Data 

9.1 The licence holder must comply with valid information requests, in consideration of The Data Protection Act (2018) and General Data Protection Regulations (GDPR). 

9.2 Data must be shared securely, and requests must be fulfilled without charge. 

9.3 Data must only be shared where there is a valid lawful reason, for example: 

• where a crime report has been made involving the specific vehicle and the Police have formally requested that data.
• when a substantive complaint has been made to the licensing authority regarding a specific vehicle / driver and that complaint is evidenced in writing (and cannot be resolved in any other way).
• where a data request is received from an applicant e.g. Police or social services, that has a legal basis to have access to the data requested to assist them in an investigation that involves a licensed vehicle or driver.
• a Subject Access Request (SAR) compliant within the GDPR. The DPA gives individuals the right to see information held about them, including CCTV images of them. More information on the Data Controller’s responsibilities relating to SARs is available on the ICO website.

9.4 This list is not exhaustive; it is the responsibility of the Data Controller to consider the lawfulness of requests to share information in line with UK Data Protection Law. 

9.5 The uploading of footage to social media does not have a lawful basis and it is expressly prohibited by this policy. This includes, by way of examples, but is not limited to: YouTube, WhatsApp, Instagram, TikTok, Facebook and Twitter. Where licence holders have shared footage, they may be liable to criminal prosecution. Unlawful sharing is a breach of UK Data Protection law and is considered a breach of this policy. 

10. Breaches of Policy 

10.1 Failure to comply with this appendix to the policy may result in the operator, proprietor and/or vehicle licence being reviewed by the Council.

1.1 The following conditions are considered to be reasonably necessary by North Northamptonshire Council in relation to private hire vehicle licence applications for Executive / Special Occasion Vehicles licences and applications for exemptions from displaying licence plates. All licences for such vehicles will be granted subject to these conditions. 

1.2 In determining these conditions the Council has had regard to the Department for Transport’s Statutory Taxi & Private Hire Vehicle Standards, November 2022 and Taxi and Private Hire Vehicle Licensing Best Practice Guidance for Licensing Authorities in England, November 2023. 

1.3 These conditions are ancillary to and should be read in conjunction with applicable statutory legislation. 

1.4 The conditions of licence are made pursuant to Section 48 of the Local Government (Miscellaneous Provisions) Act 1976.

1.5 Failure to comply with any of the conditions attached to this licence may result in North Northamptonshire Council Licensing Penalty Points being issued to the licence holder, or other action such as referral to the Licensing Panel, with a view to potential suspension or revocation of the licence.

2. Conditions

2.1 The vehicle will be inspected annually to ensure that the vehicle remains in immaculate condition internally and externally. This inspection is by an authorised officer of the Council and is in addition to the Councils ordinary requirements regarding MOT and Council testing. 

2.2 The normal conditions applying to the licensing of vehicles, operators and drivers will apply, except where inconsistent with these special conditions.

2.3 Owners of vehicles converted from a standard production model must retain the original documentation to confirm that the conversion was approved by the original manufacturer and that the conversion was undertaken by a converter/modifier under an approved Scheme. This documentation must be produced on request by an authorised officer of the Council.

2.4 Any imported vehicle must get vehicle approval to show that the vehicle meets environmental and safety regulations. This approval is required to register the vehicle. The registration certificate indicates the approval status of the vehicle. Where a registration certificate does not show an approval status the vehicle will not be considered for licensing. 

2.5 Vehicles with a partition between the driver and passenger compartment must only be fitted with a clear glass partition to enable full visibility into the rear of the vehicle. The glass should meet the relevant British/ European Standard or its American equivalent. Solid partitions will not be permitted. Where a partition is fitted, the front passenger seat will not be included in the seating capacity and must not be used for the transport of passengers. This requirement is to prevent the driver from risk of attack. 

2.6 Partitions must not be installed after the vehicle has been tested.

2.7 Stretched Limousine style vehicles must be fitted with a ‘Life’ safety hammer which must be securely located in the driver’s compartment.

2.8 All forward facing seats must be fitted with three point all age inertia reel, lap and diagonal seat belts. All other seatbelts fitted to any other seat must be present and working correctly. Appropriate conformity certification for a seatbelt may be required at the discretion of an authorised officer of the Council.

2.9 No fare paying passengers are to be carried in the front of the vehicle.

2.10 No form of entertainment shall be permitted without written consent from this Authority. The proprietor must ensure that the appropriate licences are held for any form of entertainment to be provided for passengers (such as a premises licence for film, music etc and a Performing Rights Society licence for recorded music). 

2.11 The following activities are prohibited in the vehicle:

• Striptease
• Lap dancing
• Pole dancing
• Any other activity or performance of a similar kind.

2.12    Any alcoholic drinks provided in the vehicle shall only be sold/supplied under the terms of an appropriate licence. Alcohol shall only be served whilst the vehicle is stationary in non-breakable receptacles (e.g. plastic). At all other times, bottles are to be stored in a secure manner.  

2.13 Alcohol shall not be available in the vehicle when used for bookings for groups of passengers under 18 years.  Bookings for groups of passengers under 18 years shall only be provided with non-alcoholic beverages from plastic glasses and bottles.

2.14 Children under the age of 16 years must be accompanied by either a parent/guardian or an appropriate adult. Any person/escort provided by the licence holder must be Disclosure and Barring Service (DBS) checked. The details of the persons travelling and the name and contact details of the person responsible for the booking must be completed and maintained by the driver. A copy of the form must be carried by the driver.