IoL - ALL THINGS LICENSING
release of the National Standards, as well as catching up on work such as fee setting and fare reviews which has been delayed in some areas.
There is however some hope. At the recent Institute of Licensing National Conference where we heard from
The second part of the case attempted to reignite the argument of vehicles appearing available on an app to be ‘plying for hire’ where the United Trade Action Group (UTAG) challenged an application by FREE NOW on the basis that FREE NOW’s terms meant that vehicles were made available via the app and as such it was argued were plying for hire. In this respect the Court dismissed this point citing that they were bound by the earlier decision of Reading v. Ali.
All London PHV operators will need to carefully consider the High Court’s judgment and take steps to ensure that they comply with it, including considering whether any changes to their way of working are required.
Licensing authorities have historically not paid a great deal of attention to contractual arrangements between passengers, operators and drivers, however it is clear that these relationships are becoming of increasing areas of importance. Transport for London has already advised it will be considering the written terms of those applying for or renewing a licence and looking at operators’ terms during the period of the licence.
Other local authorities I envisage will be taking a similar view to ensure that operators are carrying out the businesses legally in line with their ‘fit and proper’ obligations. As a consequence of this, there are likely to be increasing complaints to Councils from drivers who may consider that operators are not treating them correctly, and potential for increased complaints from passengers whose contracts have been ‘broken’
if
operator’s do not fulfil their booking. WHAT NEXT IN JANUARY?
Unfortunately for Councils and the trade alike, ‘Covid recovery’ will likely feature heavily into the New Year and exacerbate or extend existing problems such as driver shortages, DBS delays, medical appointments to name but a few. Furthermore, there will still be some Councils that will be looking to update their policies following the
JANUARY 2022
the DfT which confirmed that ‘When Parliamentary time allows’ that they intend to press ahead with national minimum standards and enforcement powers. The DfT also reiterated that revised ‘Best Practice’ Guidance is due to be issued for consultation ‘imminently’.
This appears to have been the position on both matters for some time and in the meantime we can only speculate (and hope) that the progression of much needed national powers and updated guidance reflecting upon the unrecognisable changes which have taken place since the last guidance in 2010 will clarify some of the issues facing both local authorities and the industry.
The issue which appeared to cause the most reaction to the DfT presentation was that of ‘cross border hire’ and the impacts that this has on a Local Authorities ability to set standards and regulate the trade operating in their areas and protect their residents. Out of area working is probably worthy of an article (or entire edition of PHTM) in itself however it is apparent both sitting in the presen- tation at the conference, and speaking to drivers in my own area, that in the most part both local authorities and the trade are in agreement in their frustrations about the issue.
When the updated guidance is released, I would urge all members of the trade to participate in the consultation and feedback their views to the DfT, as it is only by telling the DfT of the issues actually affecting the trade that much needed reform is likely to be progressed. Partner- ship between Councils and the trade to resolve some of the issues such as inconsistent standards and cross border hire, which can realistically only be resolved by the government, will be key.
So, if your New Year’s resolution is to understand more about licensing, I would encourage members of the trade to join the Institute of Licensing to stay ‘in the know’ and gain key knowledge and understanding about issues affecting the trade.
https://www.instituteoflicensing.org.
65
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80
