nickburrett wrote:
I am a hackney carriage working for a private hire company....
North Somerset council have informed me that whilst I am working for the private hire company I must wear door signs with the name of that company on, however while I am parked on a rank I must not wear the door signs of a private hire company.
So every time I pull off the rank to go and do a private hire job, I have to put the doorsigns back on! And every time I come back I have to take them off, Maybe I'm lazy, but what a waste of time!
47 Licensing of hackney carriages
(1) A district council may attach to the grant of a licence of a hackney carriage under the Act of 18471 such conditions2 as the district council may consider reasonably necessary.
(2) Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.
(3) Any person aggrieved by any conditions attached to such a licence may appeal3 to a magistrates' court.
[Local Government (Miscellaneous Provisions) Act 1976, s 47.]
1 See note 2 to para 8–18967, supra.
2 A condition requiring adaptation of vehicles and applying only to new licences is valid (R v Manchester City Justices, ex p McHugh [1989] RTR 285—disabled facilities). Conditions cannot be imposed to restrict new licences to certain parts of the District Council's area; such an approach would create a two-tier system that flew in the face of the legislative approach to remove restraints and to allow market forces to take effect (R (on the application of Maud) v Castle Point Borough Council [2002] EWCA Civ 1526, [2002] JPN 782, [2003] RTR 122).
3 The procedure shall be in accordance with ss 300–302 of the Public Health Act 1936, title Public Health, post (s 77, post). See also Magistrates' Court's Rules 1981, r 34, in Part I: Magistrates' Courts Procedure, ante.
8–18970
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48 Licensing of private hire vehicles
(1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor1 of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle1, grant in respect thereof a vehicle licence:
Provided that a district council shall not grant such a licence unless they are satisfied—
(a) that the vehicle is—
(i) suitable in type, size and design for use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;
(iii) in a suitable mechanical condition;
(iv) safe; and
(v) comfortable;
(b) that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of Part VI of the Road Traffic Act 1988,
and shall not refuse such a licence for the purpose of limiting the number of vehicles in respect of which such licences are granted by the council.
(2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary2 including, without prejudice to the generality of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which the licence relates.
(3) In every vehicle licence granted under this section there shall be specified—
(a) The name and address of—
(i) the applicant; and
(ii) every other person who is a proprietor of the private hire vehicle in respect of which the licence is granted, or who is concerned, either solely or in partnership with any other person, in the keeping, employing or letting on hire of the private hire vehicle;
(b) the number of the licence which shall correspond with the number to be painted or marked on the plate or disc to be exhibited on the private hire vehicle in accordance with subsection (6) of this section;
(c) the conditions attached to the grant of the licence; and
(d) such other particulars as the district council consider reasonably necessary.
(4) Every licence granted under this section shall—
(a) be signed by an authorised officer3 of the council which granted it;
(b) relate to not more than one private hire vehicle; and
(c) remain in force for such period not being longer than one year as the district council may specify in the licence.
(5) Where a district council grant under this section a vehicle licence in respect of a private hire vehicle they shall issue a plate or disc identifying that vehicle as a private hire vehicle in respect of which a vehicle licence has been granted.
(6)
(a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.
(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence4.
(7) Any person aggrieved5 by the refusal of a district council to grant a vehicle licence under this section, or by any conditions specified in such a licence, may appeal6 to a magistrates' court.
[Local Government (Miscellaneous Provisions) Act 1976, s 48, as amended by the Road Traffic (Consequential Provisions) Act 1988, Sch 3.]
1 See note 1 to para 8–18968, supra.
2 A condition which prohibited a private hire vehicle to stand in any public place other than in connection with a pre-arranged booking was held to be beyond the purpose envisaged by the statute and to be unenforceable, or alternatively, not “reasonably necessary” (R v Blackpool Borough Council, ex p Red Cab Taxis Ltd (1994) 158 JP 1069).
3 For meaning of “authorised officer”, see s 80(1), post.
4 For penalty, see s 76, post.
5 A hackney carriage licence holder may be a 'person aggrieved' by a condition imposed on private hire vehicles (R v Swansea City and County, ex p Davies [2001] RTR 54, (2000) Times 7 July, DC).
6 The procedure shall be in accordance with ss 300–302 of the Public Health Act 1936, title Public Health, post (s 77, post). See also Magistrates' Courts Rules 1981, r 34, in Part I: Magistrates' Courts Procedure, ante. The size and design of a licence disc or plate cannot be the subject of an appeal, the only exemptions from display are contained in s 75, post, the nature of the appellant's business is irrelevant to the appeal (Solihull Metropolitan Borough Council v Silverline Cars (1988) 153 JP 209, [1989] RTR 142 DC).
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