ALL THINGS LICENSING
I’m confused about to whom I would complain in the event of an issue. Suffice it to say that whilst the average customer probably wouldn’t care where their vehicle is licensed, it would be at best confusing should they need to explore the matter further.
vehicle which would not be possible if all private hire vehicles were licensed elsewhere as driver and vehicle licences would not match.
For vehicles: the above is also relevalent, however in addition section 50(1) LGMPA 1976 requires inspect- ions of vehicles to take place within the district of the local council. Quite how this will work, legally, under a national solution remains to be seen.
For operators: the act is again clear that where a person is making provision for inviting/accepting bookings in a district then a licence needs to be held in that area. Whilst the operator can obviously sub-contract any booking received in one area to their licence issued by the Principal Authority, if bookings are still invited/ accepted at a premises outside of the area of the principle authority it would appear they would still be required to hold an operator licence locally.
When any potential national scheme is compared to what the Best Practice Guidance expects from authorities, it is difficult to see how any local council could ensure the taxi and PHV sector is included in local transport plans, or how local accessible policies could be developed if responsibility is taken away.
Certainly Parliament intended that PHV licensing should be carried out by local authorities under the Local Government (Miscellaneous Provisions) Act 1976 due to risks to public safety from unregulated or unsuitable activities and as councils are best placed to respond to issues arising locally in their areas.
It could also be argued that local elected members are well placed to press for a national solution. Following the 2024 local elections, 83%, some nearly 14,000 of local councillors belonged to the three main political parties meaning they must have some voice and influence with their parties and MPs nationally.
From a public point of view, living in a small borough on the south coast I already see a large number of PHVs licensed by a well known and busy Midlands authority working for the neighbouring large city operator in my town. I’d like to think I know a bit about taxis and even
PHTM JULY 2024
Indeed local residents are able to have a voice about standards and safety in the trade operating in their area through a local policy consulted upon and agreed by elected members of that council. This would likely be eroded by any national solution.
It is difficult to see how the local intentions of the licensing system could be upheld by a national scheme and whilst any potential solution would be a step in the right direction, Parliament has not changed the intended local nature of the system. Had they wished for this to be the case, then the Deregulation Act 2015 would have been far wider reaching in scope, or Parliament would have updated legislation or given powers to a national regulator.
On a personal note, I have the utmost respect for James Button and admire such a respected advocate trying to find a solution to the current unsuitable and unsustainable situation which is affecting councils, the trade and public. I can see the many benefits a national solution would bring, but being pragmatic, I can also see the many potential pitfalls which would make the scheme difficult to introduce and I can only hope that after the election the next government is of a mind to resolve the issue.
JEREMY ALLEN AWARD
Finally, the IoL’s annual Jeremy Allen Award, now in its 13th year, in partnership with Poppleston Allen Solicitors, is open for nominations to anyone working in licensing and related fields and seeks to recognise and award exceptional practitioners who go above and beyond.
This award is by third party nomination, which in itself is a tribute to the nominee in that they have been put forward by colleagues in recognition and out of respect to their professionalism and achievements.
Nominations are invited by third parties by no later than 6th September 2024. Please email nominations to
info@instituteoflicensing.org and confirm that the nominee is aware and happy to be put forward.
For full details including the nomination criteria, please visit:
www.instituteoflicensing.org.
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