An extract from the Plymouth City Council Act 1975 which relates to operators of Private Hire
Vehicles is set out below.
Licensing of operators of private hire vehicles
14. (1) Subject to the provisions of this Act, the Council shall, on receipt of an application from any person for the grant to that person of a licence to operate private hire vehicles, grant to that person an operator’s licence:
Provided that the Council shall not grant a licence unless they are satisfied that the
applicant is a fit and proper person to hold an operator’s licence.
(2) Every licence granted under this section shall remain in force for such period not being longer than five years as the Council may specify in the licence.
(3) The Council may attach to the grant of a licence under this section such conditions as the Council may consider reasonably necessary.
(4) Any applicant aggrieved by the refusal of the Council to grant an operator’s licence under this section, or by any conditions attached to the grant of such a licence, may appeal to a magistrates’ court.
Operators of private hire vehicles
14. (1) For the purposes of this Act every contract for the hire of a private hire vehicle licensed under this Act shall be deemed to be made with the operator who accepted the booking for that vehicle whether or not he himself provided the vehicle.
(2) Every licensed operator of a private hire vehicle licensed under this Act shall keep a record in such a form as the Council may, by condition attached to the grant of the licence, prescribe and shall enter therein, before the commencement of each journey, such particulars of every booking of a private hire invited or accepted by him, whether by accepting the same from the hirer or by undertaking it at the request of another operator, as the Council may by condition prescribe and shall produce such record on request to any authorised officer or to any constable for inspection.
(3) Every licensed operator of a private hire vehicle licensed under this Act shall keep such records as the Council may, by condition attached to the grant of the licence, prescribe of the particulars of any private hire vehicle operated by him and shall produce the same on request to any authorised officer or to any constable for inspection.
(4) The licensed operator of any private hire vehicle licensed under this Act shall produce his operator’s licence on request to any authorised officer or any constable for inspection.
(5) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.
Power to require applicants to submit information
15. (1) The Council may require any applicant for a licence under the Act of 1847 or under this Act to submit to the Council such information as they may reasonably consider necessary to enable them to determine whether the licence should be granted and whether conditions should be attached to any such licence.
(2) Without prejudice to the generality of the foregoing –
(b) the Council may require an applicant for an operator’s licence to submit to the Council such information as to –
- the name and address of the applicant;
- the address or addresses whether within the city or not from which he intends to carry on business in connection with private hire vehicles licensed under this Act;
- any trade or business activities he has carried on before making the application;
- any previous application he has made for an operator’s licence;
- the revocation or suspension of any operator’s licence previously held by him;
- any convictions recorded against the applicant;
as they may reasonably consider necessary to enable them to determine whether to grant such licence;
(c) in addition to the information specified in paragraph (b) of this subsection, the Council may require an applicant for an operators licence to submit to the Council
- if the applicant is or has been a director or secretary of a company, information as to any convictions recorded against that company at any relevant time; any trade or business activities carried on by that company; any previous application made by that company for an operator’s licence; and any revocation or suspension of an operator’s licence previously held by that company;
- if the applicant is a company, information as to any convictions recorded against a director or secretary of that company; any trade or business activities carried on by any such director or secretary; any previous application made by any such director or secretary for an operator’s licence; and any revocation or suspension of an operator’s licence previously held by such director or secretary;
- if the applicant proposes to operate the vehicle in partnership with any other person, information as to any convictions recorded against that person; any trade or business activities carried on by that person; any previous application made by that person for an operator’s licence; and any revocation or suspension of an operator’s licence previously held by him.
(3) If any person knowingly or recklessly makes a false statement or omits any material particular in giving information under this section, he shall be guilty of an offence.