Folkestone and Hythe District Council Hackney Carriage and Private Hire (Taxi) Licensing Policy Consultation

Folkestone and Hythe District Council (F&HDC) are consulting on our revised Hackney Carriage and Private Hire (Taxi) Licensing Policy. The current policy was last amended in 2012.

The policy sets out F&HDC's approach to licensing of the Hackney Carriage and Private Hire Trade within the District. It serves as a guide to prospective applicants, licence holders and decision makers.

You can view the draft policy at www.folkestone-hythe.gov.uk/consultations

Key Changes

The policy includes a number of changes, some of which reflect the Statutory Standards recently issued by the Department for Transport. Key changes proposed include:

General

• Format and layout of policy has been overhauled.
• A commitment to review the policy every 5 years. Proposal from trade process removed.
• Clear statement that shorter licences will not be granted on a probationary basis. Applicants are not given benefit of the doubt in 50/50 decisions.
• Decisions to refuse /revoke licences due to safeguarding concerns around risk to children or vulnerable adults will be notified to the DBS service.
• Inclusion of an enforcement policy specific to taxi licensing.
• Introduction of a "penalty points" scheme for breaches of licence conditions to promote compliance and act as an "early warning" to licence holders.
• All licence holders to notify the council of arrests and release, charges or convictions within 48 hours.
• Revised (and more stringent) policy on approach to applicants and licence holders with convictions and cautions, to reflect Institute of Licensing Guidance and Department of Transport Statutory Standards.
• Inclusion of a general policy on refunds for surrendered licences.

Drivers

• Hackney Carriage only driver licence discontinued. Driver licences to be Private Hire only or Dual (Hackney Carriage and Private Hire combined)
• Removal of a minimum age for drivers (other than statutory requirement to have held a full driving licence for one year).
• Requirement for new drivers to pass a Driving Standards Assessment.
• Requirement for drivers to complete an approved safeguarding training course. Transitional arrangements for existing drivers.
• Applicants failing knowledge test 3 times in 3 month period to wait 6 months before further application accepted.
• Provision of Disclosure and Barring Service (DBS) certificate to tie in with licence renewal. Drivers must sign up to the DBS online update service.
• Drivers residing abroad for continuous period of 3 months or more within 10 years prior to application to provide certificate of good conduct from relevant embassy (increased from 12 months).
• Interval for medical certificates for drivers aged 45-65 reduced from 4 years to 3 years, to be supplied as part of a renewal application. There is a proposed transitional process for existing drivers, to align this with licence renewal periods.
• Condition to notify of any medical condition affecting ability to drive or safety of passengers. Council may require additional medical assessments where reasonably required.
• Legal Obligations for assistance of passengers in wheelchairs or with assistance dogs clearly set out and incorporated into licence conditions.
• Condition to issue receipts for payment, where requested.
• Revision of basic dress code.

Private Hire Operators

• Operators (including all partners/ directors) to provide a Basic DBS check on an annual basis. (except FHDC licensed drivers registered with the update service) In relation to new applicants, Individuals residing abroad for continuous period of 3 months or more within 10 years prior to application to provide certificate of good conduct from relevant embassy.
• Operators to maintain a register of staff employed to take bookings/ dispatch vehicles.
• Operator to see Basic DBS check for all staff employed to take bookings / dispatch vehicles. Transition period for existing operators.
• Operators to put in place a policy on employment of staff with convictions. Operators to ensure that other operators to whom they subcontract bookings have a similar policy in place.
• Operators must not dispatch Passenger Carrying Vehicles and licensed Public Service vehicle drivers to bookings without informed consent of hirer
• Condition requiring premises accessible to public to be covered by public liability insurance.
• Information on making complaints to licensing authority to be displayed in operators premises accessible to the public
• Enhanced record keeping requirements concerning vehicles, drivers and booking details. Retention period for records increased from 3 months to 12 months.

Vehicles

• Revision of age policy in respect of new and relicensed vehicles.
• Policy not to permit "dual plating" of vehicles
• Update of vehicle specifications and conditions e.g. relating to LPG conversions, use of Space saver tyres, tinted windows.
• Introduction of specific policy and conditions for private hire stretch limousines.
• Inclusion of policy on exemptions from display of plates.
• Introduction of published "statutory list "of Wheelchair Accessible Vehicles (WAV), which will be subject to requirements of Equality Act 2010.
• Valid inspection certificates to be maintained for mechanical lifting equipment used on WAVs.
• Update of advertising restrictions on vehicles.
• Vehicles to display information about how to make complaint to the licensing authority.
• Vehicle proprietors (including all partners/ directors) to supply a Basic DBS check on annual basis. ( Except for FHDC licensed drivers registered with the DBS update service) In relation to new applicants, individuals residing abroad for continuous period of 3 months or more within 10 years prior to application to provide certificate of good conduct from relevant embassy (increased from 12 months).
• Council to be notified if directors/ partners change.

How to comment

You can send comments on the proposed changes by email to licensing@folkestone-hythe.gov.uk or in writing to

Environmental Health & Licensing Team, Civic Centre Castle Hill Avenue, Folkestone, Kent CT20 2QY

The consultation closes on 9^th October 2020