ALL THINGS LICENSING
Article by Mike Smith, Senior Specialist for Licensing and Community Safety at Guildford Borough Council and Vice-Chair of the Institute of Licensing South East Region.
Please note that this article represents my own views which are not presented as the views of the IoL or Guildford Borough Council.
VEHICLE SIGNAGE, LIVERY AND IDENTIFICATION
February’s edition of PHTM touched on the very important and very variable issue of consistency between local authorities in respect of vehicle livery and signage requirements.
Since Guildford Borough Council introduced a taxi livery requirement in late 2015, I have received a number of enquiries from other local authorities which are considering a similar policy and as such in this article I wanted to explore some of the principles behind vehicle signage and identification.
I realise that a decision to adopt a livery policy is not popular with the trade and it was well reported on at the time that Guidlford was challenged following the introduction, with this case going all the way to the Court of Appeal, with the council being able to successfully defend this challenge.
THE LEGAL BASIS FOR VEHICLE IDENTIFICATION
The legal basis for a livery is Section 47(2) of the Local Government (Miscellaneous Provisions) Act 1976 which allows a council to require any hackney carriage licensed by them “to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.”
It was probably less well reported at the time that Guildford’s policy was also updated regarding private hire vehicles, requiring a ‘pre booked only’ sign with the vehicle licence number to be affixed to the front doors of the vehicle.
Similarly Section 48 of the Act specifies that an authority may require a private hire vehicle to be suitable in type, size and design and, importantly in terms of distinguishing features, not of such design and appearance as to lead any person to believe that
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the vehicle is a hackney carriage. Furthermore Section 48 continues to prescribe that any plate or disc issued is exhibited on the vehicle in such manner as the council stipulate by conditions.
The way in which a local authority should set out its requirements for vehicle appearance is via its statement of Licensing Policy which sets out its criteria helping to promote consistency, certainty and fairness. The purpose of such policy is to ‘guide but not bind’ however the burden of responsibility lies with an applicant to demonstrate that they should be considered as an exception to the policy, without undermining the aims or rationale for having a policy in the first place. Whilst the decision to grant a vehicle application is discretionary, the council, as a public authority, must naturally however act reasonably and transparently at all times in its decision making.
The decision to adopt a signage or livery policy cannot be taken lightly and by the time Guildford’s livery policy came for approval in December 2015, it had been the subject of nearly two years of consultation. The livery was only one of several requirements to improve standards amongst a range of measures, which also included a vocational training qualification for all drivers, and a strengthened previous convictions policy.
Part of the consultation involved commissioning market research into the ideas proposed in the draft policy which helped to provide an evidence based, robust and justified position on the measures proposed. For example 84% of those asked responding to the consultation were supportive of the concept of being able to easily identify a taxi, and 75% supported professional driver training. The council also consulted with disabled groups about the concept of a livery and how this could be used to assist the most vulnerable members of society who rely on taxis to get about, with these groups again being in favour of being able to distinguish a taxi easily.
THE GUILDFORD LIVERY
Guildford has a ‘unique’ full body wrap in ‘Guildford teal’. This option was recommended by a working party of Councillors who considered options such as a ‘standard’ base colour or base colour with different colour panels. There are of course arguments either way for using a ‘standard’ vehicle colour. Whilst this may be easier for some members of the taxi trade, a
MARCH 2023 PHTM
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