ALL THINGS LICENSING an interest to view via the IoL’s website.
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: this article represents the views of the author which are not presented as the views of the Institute of Licensing.
I hope that PHTM readers were able to enjoy the summer holidays and managed to balance the demands of work with being able to spend time on family breaks.
September sees the traditional flurry of taxi and PHV activity as local education authorities seek to fulfil transport contracts at the start of the new school year and those without school aged children look to head away and take advantage of the (hopefully remaining) good weather, albeit at cheaper prices. September also sees the return of students to universities and a hopeful uplift in this aspect of the night-time economy as revellers seek to get home safely afterwards.
Obviously it has again been a very exciting and interesting few months in the sector with updated legislation, national media headlines and the Best Practice consultation. You may have been forgiven for thinking that the licensing world would simply be playing the waiting game for the final version of the Best Practice Guidance, however this simply isn’t the case as there are plenty of other goings on.
JOURNAL OF LICENSING
After a busy few months I was lucky enough to be able catch up on some relevant industry reading during the summer holidays. August’s issue of PHTM was at the top of the pile, followed swiftly by the Institute of Licensing’s latest Journal of Licensing publication.
As I have explained previously, the IoL produces two regular publications throughout the year, the LINK (Licensing Information News and Knowledge) Magazine and the Journal, both of which are free to members but currently available for anyone with
42
The latest Journal has a number of ‘taxi’ specific articles which are of interest to the trade, including taxi licensing authority James Button’s take on recent legislative changes, a case note on cross- border hiring by leading barristers Gerald Gouriet QC and Leo Charalambides and a very interesting article by Neil Morley, of Travis Morley Law, on TfL’s guidance for private hire operators on passenger contracts.
The full edition of the latest Journal is currently available online at:
https://www.instituteoflicensing.org/media/ytno2gz u/jol-33-web-version2.pdf
WORKER STATUS
Linked with the complexities of how and with whom private hire operators must contract, as discussed in the Journal, the ever increasing issue of worker status now benefits from guidance issued by the government.
The guidance is aimed at businesses and workers, particularly those in the gig economy, and will bring greater clarity over their employment status following the landmark Uber Supreme Court judgement which held that individuals in the gig economy can qualify as ‘workers’, meaning they are entitled to core employment protections.
A person’s employment status is what defines the rights and employment protections they are entitled to at work including pay,
leave and working
conditions, and therefore dictates the responsibilities that an employer owes to that worker.
The new guidance brings together employment status case law into one place for businesses and individuals to access. This will support workers by improving their understanding of what rights they are entitled to at work, enabling them to have informed discussions with their employer and take steps to claim or enforce them where necessary.
Crucially, the guidance also clarifies the rights that gig economy workers are entitled to – from the national
SEPTEMBER 2022 PHTM
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 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86
