Conditions attached to the issue of private hire operators licence

Definitions

"Authorised Officer" has the same meaning as in Section 80 of the Local Government (Miscellaneous Provisions) Act 1976.

"The Council" means the Council of the Borough of Chorley.

"The Operator" means a person holding a licence to operate private hire vehicles issued pursuant to Section 55 of the Local Government (Miscellaneous Provisions) Act 1976.

"Private Hire Vehicle" has the same meaning as in Section 80 of the Local Government (Miscellaneous Provisions) Act 1976.

"Hackney Carriage" has the same meaning as in the Town Police Clauses Act 1847 and is the same meaning as "Taxi".

"Employ" means to use the services of, whether under a contract of service or a contract for services or otherwise, and employee, employer and employed shall be construed accordingly.

 "Operate" means in the course of business to make provision for the invitation or acceptance of bookings for a Private Hire Vehicle.

Planning permission

2. Any premises used by an operator for the purpose(s) authorised by this licence shall have the appropriate planning permission for that use and the operator shall comply with any conditions attached to such a permission.

Vehicle and drivers licence

3. All vehicles and all drivers used and employed by the holder of a Private Hire Operator's Licence issued by Chorley Borough Council under the provisions of Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 shall in the course of all private hire operations thereunder be licensed as a Private Hire Vehicle under the provisions of Section 48 of the aforesaid Act and hold a Private Hire Vehicle Driver's Licence under the provisions of Section 51 of the aforesaid Act issued by the Chorley Borough Council.

Telephone and staff

4. The operator shall provide adequate telephone facilities and staff to provide an efficient service to the public using the operators facilities.

Hirings

5. When the operator accepts a hiring, he/she shall, unless prevented by some sufficient cause, ensure that a licensed private hire vehicle attends at the appointed time and place.

The vehicle and driver dispatched in accordance with this condition shall be licensed for such use by Chorley Borough Council and by no other Council.

Records of hiring

6. When the operator accepts the hiring he/she shall immediately prior to the commencement of the journey, enter all the details of the hire legibly in ink in a form prescribed by this Condition.

The record required to be kept by the operator under Section 56(2) of the Local Government (Miscellaneous Provisions) Act 1976 shall be kept in a suitable book, the pages of which are numbered consecutively and the operator shall enter or cause to be entered therein, before the commencement of each journey, the following particulars of every booking of a private hire vehicle invited or accepted by him:

• the time and date of the booking
• the name and address of the hirer
• point of pick-up
• time of pick-up
• the destination
• information to indicate vehicle used and driver
• remarks (including details of any sub-contract).

7. The operator shall not dispose of any record of hirings required to be made by Condition 6 within 2 years of the latest hiring contained therein.

Records of vehicles and drivers

8. The operator shall maintain an up-to-date list of the owners, the description and registration numbers of all private hire vehicles employed by the business and their drivers, which shall include details of any radio call sign used, and shall produce such a list on request to any Authorised Officer of the Council or Police Constable.
9. The operator shall immediately notify the Council when any vehicle or driver ceases in his/her employment, or any vehicle or driver commences in his/her employment.
10. Except with reasonable cause the operator shall have in his/her possession at all times:

• the current private hire driver's licence issued by the Council of any driver employed as a private hire driver whether or not the vehicle driven is owned by him/her (unless the vehicle used is operated by another licensed operator by a sub-contract); and
• the current private hire vehicle licence issued by the Council of any vehicle operated by him/her (unless the vehicle used is operated by another licensed operator by a sub-contract).

11. On leaving the employment of an operator a driver or vehicle proprietor shall be entitled to receive immediately on demand the return of the licences mentioned in 10 above.

Complaints

• the operator shall on receipt of any complaint relating to a contract for hire or purported contract for hire relating to or arising from his/her business, immediately notify the complainant of his/her right to forward the complaint to the Council
• Any complaint shall be investigated immediately by the operator and the complainant notified of the outcome within a reasonable time.
• Where a complaint is investigated by an Authorised Officer of the Council, the operator shall conform to any directions of the Officer in respect of that complaint.

Convictions

13. The operator shall notify the Council in writing of any conviction recorded against him/her by a Court within 7 days of such conviction being imposed.

Fares

14. Where at the time of booking, a fare or rate of fare is not agreed with the hirer, the fare charged to the hirer shall not exceed that printed in the Table of Fares previously approved by the Council.

Cheques

15. A licence in respect of which the licence fee has been paid by a cheque shall not be effective until the cheque has been cleared.

Local Government Act and conditions attached to licences

16. The operator shall make available, on any premises from which he operates, for inspection by members of the public, a copy of the Local Government (Miscellaneous Provisions) Act 1976, these Conditions and the Conditions attached to a Vehicle Licence and a Driver's Licence.

Taximeters

17. Where any vehicle operated by him is fitted with an approved taximeter, the operator shall ensure that the taximeter is set to the fare rate agreed by the Council and properly sealed in accordance with Council regulations.
18. The operator shall ensure that vehicles operated by him which are fitted with a taximeter, charge a fare or charge calculated from the point in the District at which the hirer commences his journey and shall not exceed that displayed on the taximeter at the finish of his journey, the taximeter being brought into operation at the commencement of the journey.

Change of address

19. The operator shall notify the Council in writing of any change of his/her address within 7 days of such change taking place.

Touting

20. The operator shall not:-

• tout or solicit in a public place any person to hire or be carried for hire in any private hire vehicle
• cause or procure any other person to tout of solicit in a public place any person to hire or be carried for hire in any private hire vehicle.

In this condition:

"public place" includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise).

Carriage of dogs and assistant dogs

21. The operator shall take all reasonable steps to ensure that a guide dog or assistance dog belonging to a passenger is carried free of charge, unless the driver has a proven medical condition that would preclude such action.  Drivers have a responsibility to ensure that their operator/company is aware of such medical condition when they are first employed.

Business name

22. The operator shall not include the words "taxi or "cab" or the plural of these words in his/her business name.