ALL THINGS LICENSING


even if the rank is one which has been appointed by the local authority, the railway company can still control access by a permit arrangement.


Thousands of trains use as many stations throughout the day and night and byelaws are set to ensure ease of travel and safety on the railway system, including passengers, staff, property and equipment. These are publicly available on gov.uk at: https://shorturl.at/nSdrE


Byelaw number 7 covering “Music, advertising and carrying on a trade” at part 2 sets out that:


2. Except with written permission from an operator no person on the railway shall:


1. display anything for the purpose of advertising or publicity, or distribute anything or


2. sell or expose or offer anything for sale or


3. tout for, or solicit money, reward, custom or employment of any kind


The byelaws can be enforced by either railway operators or police and breach can result in a level 3 (up to £1,000) fine upon conviction. Byelaws however are not enforced by local authority licensing.


Consequently, the railway byelaws set out that a taxi service can only ply for hire if it has the permission of the railway operator, giving rise to a permit system in many stations. Any concerns about vehicles operating at stations contrary to the byelways must be directed to the rail operator managing that site.


Permit enforcement


Many stations, including Guildford and Weybridge, operate a permit scheme where licensed hackneys must buy a permit from the rail operator to use the rank situated on their land. Although a hackney carriage proprietor’s licence allows the holder to ply for hire in the controlled district, again case law, Jones v First Great Western Ltd, has dictated that


PHTM DECEMBER 2024 Naturally once drivers have


paid for the privilege of using the rank by purchasing a permit, it is not unreasonable to expect that in return the railway company will have arrangements in place to ensure that both the rank is kept clear from other vehicles at busy stations, and that only taxis with permits are using the rank. This however is an arrangement for railway companies to make themselves and not to do with the local authority.


If permit holders are concerned about a potential inaction by the railway company, my advice would be to raise it with the company with assistance from a trade union as necessary.


Private hire operators


It is clear at busy locations, such as town centres and railway stations, that operators in control of vehicles should take some responsibility for the actions of their drivers. Many licensing authorities set out by way of licence conditions that operators should have procedures in place to manage pick ups and drop offs at busy locations, and in some cases where drivers can and cannot wait for the next job.


Obviously the difficulty in this case is that the operator is licensed by Transport for London and not locally, however never the less there is an argument that any responsible or indeed ‘fit and proper’ operator should be willing to assist, and I am sure that any app-based operator has a mind boggling array of technology available to them to help drivers wait for jobs in an orderly manner.


Consequently, pressure can be applied to the operator from any party, although this is likely to be most effective from the rail operator wishing to manage their site, or the authority responsible for licensing the operator.


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