ALL THINGS LICENSING
There are also potential workers’ rights and tax implications for operators, however these are generally outside of the expertise and remit of councils. However, it is likely that a licensing authority may be called upon to investigate potential complaints and adjudicate on the suitability of an operator who is not upholding the responsibilities in respect of workers’ rights or tax payments.
PHTM readers will be aware, that like driver licensing, a local authority is under a statutory duty to ensure that an operator is (and remains) a fit and proper person. Furthermore, Section 55(3) of the LGMPA 1976 in respect of private hire operator licensing allows that:
“a district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary”.
Clearly the judgement from the senior courts is one which all local authorities and private hire operators must now have regard to in their practices. Consequently, following the earlier ruling in London, TfL has proposed a prescribed standard licence condition to be included in all licences issued in London to ensure all london licensed private hire operators are aware of their obligation to enter into a contract with the passenger as principal, where a passenger makes a booking, and their responsibilities under that contractual relationship.
It therefore makes sense as a starting point for all other local authorities to include the same condition in their operator licences issued under Section 55(3). Whilst operators will have to comply with the ruling in any event, by enshrining this responsibility by way of a licence condition it is easier to hold those who fail to do so to account.
In addition, local authorities should be familiar with having to alter their procedures and take further steps to ensure that applicants meet criteria, not just in respect of licensing policy, but also their right to work and registration for tax liabilities. Therefore it is likely that further adjustments will be made to ensure that councils’ application and compliance procedures reflect the principles which operators must now adhere to.
8
This will likely start by taking steps to ensure that operators are aware of their responsibilities, such as informing them via letter, newsletter, trade forum, visit etc. Further on, this is likely to be included as part of inspection processes and potential complaint investigations.
The issue of drivers ‘multi-apping’, where they work for more than one operator simultaneously, is becoming increasingly common with the associated issues of drivers accepting a fare only to reject it a short while later as a ‘better’ job comes along. This leaves the customer, who is now in a contract with the operator, potentially stranded and the operator unable to fulfil their obligation, with resultant complaints to the authority likely.
This judgement is probably just the latest in a series of challenges involving national, app-based operators and it’s likely that there will some adjust- ment on the part of the trade and councils to adhere to the ruling.
IoL Taxi Conference
The Uber Britannia Limited v Sefton Metropolitan Borough Council & Others case, is likely to feature prominently at the upcoming IoL Taxi Conference on Tuesday 3 October in Northampton.
As ever, this one-day conference will provide a valuable learning and discussion opportunity for everyone involved within the taxi and private hire licensing field, including members of the trade, with the aim to increase understanding and promote discussion in relation to the subject areas and the impact of forthcoming changes and recent case law.
The IoL is delighted to confirm that it will repeat the Mock Hearing sessions which proved so popular last year, and I’m looking forward to reprising my role as the driver who is the subject of consideration regarding their suitability as part of proceedings.
We also hope to hear from government
representatives in England and Wales, as well as the major industry representatives, on current issues and potential future developments in taxi and private hire licensing.
SEPTEMBER 2023 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
