Private Hire Operators Application Process
Applications for Operator’s licences must be made in writing using the approved application form. Every question on the application form must be completed fully and accurately, and the form must be signed by every applicant.
Where the application is being made by a single individual, the questions on the application form should be answered by that individual. Where the application is being made by multiple individuals (whether in a formal partnership or not), the questions should be answered jointly by the applicants. Each applicant needs to complete their own form and sign the declaration at the end.
Where a limited company is applying for a licence, the questions should be answered in respect of both the company and its directors. This is particularly relevant to the questions relating to conviction, cautions, insolvency or disqualification, where the Licensing Authority must be satisfied as to the fitness and propriety of every applicant. Each director is required to sign an application form declaration.
In accordance with the Interpretation Act, the term ‘person’ may apply to both individuals and bodies corporate and un-incorporate. Where an application is made by one or more individuals, the provisions herein shall be applied to each individual so specified in the application. Where an application is made by a partnership or limited company, the provisions herein shall be applied to each partner or director, as the case may be, and to the company secretary.
If the application is in the name of a limited company a check of that company may be carried out through the Companies House.
Applications must be accompanied by the following things in order for it to be deemed valid:
- A signed declaration
- Details of two referees
One of which should be the applicant’s current or last employer and one from the list of acceptable professional persons below and should not be related/family friend to the
- Bank or Building Society Official
- Police Officer
- Civil Servant
- Minister of a recognised religion
- Engineer (with professional qualifications)
- Chairman/Director of a Limited Company
- Commissioner for Oaths
- Councillor - Local or County
- Director/Manager of a VAT registered Charity
- Director/Manager/Personnel Officer of a VAT registered Company
- Approved Driving Instructor
- Fire Service official
- Funeral Director
- Justice of the Peace
- Nurse (RN, SEN or holder of a BA in nursing)
- Paralegal (Certified or Qualified Paralegals and Associate Members of the Institute of Paralegals)
- Person with honours (e.g. OBE, MBE etc)
- President/Secretary of a recognised organisation
- Valuers and Auctioneers (Fellow and Associate members of the incorporated society)
- Social worker
- Member of Parliament
- The relevant fee
- Public Liability Insurance
- Employers Liability Insurance (where applicable)
- Proof that the applicant(s) is/are legally permitted to work in the UK – a licence will not be issued for a period longer than that period the applicant is permitted to work.
- The safeguarding vulnerable people course certificate (in respect of all applicants);
- Basic Disclosure certificate, issued by Disclosure Scotland (or the Disclosure & Barring Service) for each applicant. This means that a certificate must be obtained and supplied in respect of the sole individual applicant, or each individual applicant where the application is made my multiple individuals, or each director of a limited company applicant. Certificates must be issued in the full name of the relevant individual, and must have been issued no earlier than 2 months before the date on which the application was made.
- Exemption - The requirement to provide a Basic Disclosure certificate may not apply to any applicant (or director) who holds a current enhanced Disclosure and Barring Service Certificate, which has been issued more than two months before the date on which the application for an Operator’s licence is made AND was obtained in support of a private hire or hackney carriage driver’s licence issued by Bassetlaw District Council. These individuals have already been assessed for their fitness and propriety during their application for that licence, and as such no further checks of any criminal record history for that particular applicant will be considered necessary. Applicants who have applied simultaneously for a driver’s licence will also be exempted from the Basic Disclosure requirement, as they will be obtaining a higher level of disclosure certificate as part of that application.
- The operator’s licence application will not be determined until any such disclosure certificates (including enhanced certificates as part of a simultaneous driver’s licence application) have been received.
When all required documents and other information (including the reference checks) have been received, the application will be determined.
Where information/evidence has come to light (e.g. previous convictions) as part of the application process the decision to determine the licence will be referred to the Councils Licensing Committee to decide if the applicant(s) are fit and proper persons to be granted a licence. The applicant(s) will be invited to attend the meeting of the Committee to make representation orally or they can submit written representations. Any representations will be given full consideration prior to a decision being made in respect of the application. Where an application is refused by the Licensing Authority, a licence is suspended or revoked, or the operator is aggrieved by conditions added to their licence, a right of appeal to a magistrates’ court will exist. Details of this right will be issued with any documentation sent at the relevant time.
Last Updated on Tuesday, April 21, 2020