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Grant of London operator's licence.

Any person may apply to the licensing authority for a London PHV operator's licence. The application must state the address of any premises in London which the applicant proposes to use as an operating centre. The licensing authority must grant a London PHV operator's licence to the applicant if it is satisfied that the applicant is a fit and proper person to hold a London PHV operator's licence, and that any further requirements that may be prescribed (which may include requirements relating to operating centres) are met.

A London PHV operator's licence is to be granted subject to such conditions as may be prescribed and such other conditions as the licensing authority may think fit, and is to be granted for five years or such shorter period as the licensing authority may consider appropriate in the circumstances of the case.

A London PHV operator's licence must specify the address of any premises in London which the holder of the licence may use as an operating centre; and is to be in such form and contain such particulars as the licensing authority may think fit.An applicant for a London PHV operator's licence may appeal to a magistrates' court against a decision not to grant such a licence, or against a decision not to specify an address proposed in the application as an operating centre, or against any condition (other than a prescribed condition) to which the licence is subject.

1 'The licensing authority' means Transport for London: Private Hire Vehicles (London) Act 1998 s 36 (amended by the Greater London Authority Act 1999 s 254(3), Sch 21 para 17). The functions of the Secretary of State under the Private Hire Vehicles (London) Act 1998 as originally enacted (except ss 37, 38 and 40) were transferred to Transport for London by the Greater London Authority Act 1999 s 254(1), (2). References in the Private Hire Vehicles (London) Act 1998 to the Secretary of State are replaced by references to the licensing authority (except in ss 37, 38, 40): Greater London Authority Act 1999, Sch 21 para 2. See also para 1120 text and notes 7–8 ante. As to Transport for London see para 42 ante; and LONDON GOVERNMENT.

As to the delegation of functions of the licensing authority see para 1149 post.2 Private Hire Vehicles (London) Act 1998 s 3(1) (amended by the Greater London Authority Act 1999 Sch 21 para 2). As to the commencement of the provisions of the Private Hire Vehicles (London) Act 1998 see para 1120 note 2 ante. 'London PHV operator's licence' means a licence under s 2 (see para 1121 ante): s 36. As to applications for licences, and as to fees, see paras 1134–1135 post.3 For the meaning of 'London' see para 1120 note 1 ante.4 Private Hire Vehicles (London) Act 1998 s 3(2). 'Operating centre' means premises at which private hire bookings are accepted by an operator: s 36. For the meanings of 'private hire booking' and 'operator' see para 1121 note 2 ante.5 Ibid s 3(3) (amended by the Greater London Authority Act 1999 Sch 21 paras 2, 3).6 Private Hire Vehicles (London) Act 1998 s 3(3)(a).7 'Prescribed' means prescribed by regulations made under ibid s 32(1) (see para 1150 post): s 36.8 Ibid s 3(3)(b).9 Ibid s 3(4) (amended by the Greater London Authority Act 1999 Sch 21 paras 1, 2).10 Private Hire Vehicles (London) Act 1998 s 3(5) (amended by the Greater London Authority Act 1999 Sch 21 paras 1, 2). As to the suspension or revocation of licences see para 1136 post. As to the variation of licences see paras 1137–1138 post.11 Private Hire Vehicles (London) Act 1998 s 3(6)(a).12 Ibid s 3(6)(b) (amended by the Greater London Authority Act 1999 Sch 21 paras 1, 2).13 Private Hire Vehicles (London) Act 1998 s 3(7)(a).14 Ibid s 3(7)(b).15 Ibid s 3(7)(c).

UPDATE

Grant of London operators' licence

text and notes—Every licence must be granted subject to prescribed conditions, which include requirements as to insurance, agreement or estimation of fares, giving the licensing authority notice of certain matters, wireless telegraphy apparatus, the keeping of records and maintaining a procedure as to complaints and lost property: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 9.

The licensing authority must issue a replacement licence where an operator notifies it that (1) he has adopted, altered or dispensed with a business name; (2) he has changed his name; or (3) his licence has been lost, destroyed or defaced: reg 18(1). Except where a licence has been lost or destroyed, no replacement may be issued until the original licence has been returned to the licensing authority: reg 18(2).

In relation to a licence granted in the sole name of an individual, if that individual dies, becomes bankrupt or becomes a patient under the Mental Health Act 1983 Pt VII (ss 93–113), the licensing authority may direct that a person carrying on the business of the operator is to be treated for the purposes of the Private Hire Vehicles (London) Act 1998 as if he were the operator for such purpose and to such extent as is specified in the direction for a period not exceeding six months from the date of the coming into force of that direction or, if less, the remainder of the period of the licence: reg 19(1), (3). In the event of the individual's death, the licensing authority may direct that the licence is not to be treated as terminated when the individual died but suspended until the date when the direction comes into force: reg 19(2).

Temporary permits may be issued where an application for the grant of a licence is received by the licensing authority before 22 August 2001 but no determination has been made in relation to that application before 22 October 2001: reg 20.text and notes 5–8—Where the decision has been made to approve an application for the grant of a licence, the licensing authority, provided that any fee prescribed for such a grant is received within the specified time limit, must grant the licence and send it to the applicant: ibid reg 6(1).