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PostPosted: Fri Apr 21, 2006 1:11 pm 
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Requirement for London operator's licence.

No person may in London make provision for the invitation or acceptance of, or accept, private hire bookings unless he is the holder of a private hire vehicle operator's licence for London (referred to as a 'London PHV operator's licence'). A person who makes provision for the invitation or acceptance of private hire bookings, or who accepts such a booking, in contravention of this provision is guilty of an offence.

1 For the meaning of 'London' see para 1120 note 1 ante.2 'Private hire booking' means a booking for the hire of a private hire vehicle for the purpose of carrying one or more passengers (including a booking to carry out as sub-contractor a private hire booking accepted by another operator): Private Hire Vehicles (London) Act 1998 s 1(4).

For the meaning of 'private hire vehicle' see para 1120 ante. 'Operator' means a person who makes provision for the invitation or acceptance of, or who accepts, private hire bookings: s 1(1)(b). Any reference in the Private Hire Vehicles (London) Act 1998 to the operator of a vehicle which is being used as a private hire vehicle is a reference to the operator who accepted the booking for the hiring or to whom the vehicle is immediately available, as the case may be: s 1(3).3 Ibid s 2(1). As to the commencement of the provisions of the Private Hire Vehicles (London) Act 1998 see para 1120 note 2 ante.4 Ibid s 2(2). A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale: s 2(2). As to the standard scale see para 29 note 3 ante.

Where an offence by any person under the Private Hire Vehicles (London) Act 1998 is due to the act or default of another person, then (whether proceedings are taken against the first mentioned person or not) that other person is guilty of the offence and is liable to be proceeded against and punished accordingly: s 33(1). Where an offence under the Act committed by a body corporate is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate (or any person purporting to act in that capacity), he as well as the body corporate is guilty of the offence is liable to be proceeded against and punished accordingly: s 33(2).


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