NATIONAL STANDARDS


NATIONAL PRIVATE HIRE LICENSING – A SOLUTION TO THE LACK OF NATIONAL STANDARDS?


Article by James Button James Button & Co., Solicitors www.jamesbutton.co.uk


For many years there has been a problem with cross-border activity by private hire vehicles. The problems stem from the fact that the licensing authority is often located many miles, in some cases several hundred miles, from the location in which the private hire vehicle and private hire driver are undertaking their booking and carrying passengers.


Whilst this activity is completely lawful (see “Remote private hire and hackney carriage activity” (2023) Journal of Licensing (JoL) 37 Page 8, available at: www.instituteoflicensing.org/resources/journal-of- licensing/) it causes difficulties.


Different local authorities have different standards for drivers, vehicles and operators which in some cases has led to a “race to the bottom” as applicants seek the authority with the lowest standards and/or licence


authorities feel compelled to


fees, and other reduce their


standards and/or fees to retain their own licensees. The “national standards” promised by


the


Government in 2019 (see: www.gov.uk/government/ publications/taxi-and-private-hire-vehicle-licens ing-government-response-to-independent-report) have yet to appear and the Government has stated that it will not happen this side of the next General Election. As the outcome of that election is unclear, the future for this commitment seems very uncertain.


In addition, there is the long-standing debate as to whether any such standards would be absolute standards or minimum standards. If they were to


24


be minimum standards, some authorities would have higher or different standards which would still lead to significant differences in the approach taken across the country.


Different standards put public safety at risk. It is absurd that a person who is considered not to be safe and suitable (fit and proper in the words of the legislation) to be a hackney carriage or private hire driver in one district can be found to be so in another and granted a licence.


Whilst the NR3S has gone some way to reducing such inconsistencies, they still exist and drivers who have been placed on the NR3S are still licensed by other authorities. Actions taken by local authorities following reports made under the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 are variable.


Different requirements for vehicles make it difficult for private hire operators who are licensed by more than one authority to know what will be required or acceptable in different authorities.


There is much handwringing about cross-border activity, cross-border enforcement and the absence of national standards, but a distinct lack of action. It is clear that lobbying Central Government has not produced results (in 2020 it was announced that there would be no action taken to restrict cross-border activity – see Department for Transport email 21st July 2020), and whilst there are some cross-border authorisation arrangements between local authorities, it is by no means universal.


With no prospect of legislative change, what can be done? There is an answer and that lies with local authorities themselves.


An agreement could be reached whereby one Principal Authority is the licensing authority for


MAY 2024 PHTM


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