Thursday 19 June 2014

Private Hire Vehicles (London) Act 1998.s.16 : Power to suspend or revoke licences.

Private Hire Vehicles (London) Act 1998.s.16

Power to suspend or revoke licences.

(2)A London PHV operator’s licence may be suspended or revoked where—
(a)the [F1licensing authority] is no longer satisfied that the licence holder is fit to hold such a licence; or
(b)the licence holder has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act.
s. 18 Variation of operator’s licence at the request of the operator.

(1)The [F1licensing authority] may, on the application of a London PHV operator, vary his licence by adding a reference to a new operating centre or removing an existing reference to an operating centre.

(2)An application for the variation of a licence under this section shall be made in such form, and include such declarations and information, as the [F1licensing authority] may require.

(3)The [F1licensing authority] may require an applicant to furnish such further information as he may consider necessary for dealing with the application.

(4)The [F1licensing authority] shall not add a reference to a new operating centre unless [F2the authority] is satisfied that the premises in question meet any requirements prescribed under section 3(3)(b).

(5)An applicant for the variation of a London PHV operator’s licence under this section may appeal to a magistrates’ court against a decision not to add a new operating centre to the licence.

s. 19 (1)The [F2licensing authority] may—
(a)suspend the operation of a London PHV operator’s licence so far as relating to any operating centre specified in the licence; or
(b)vary such a licence by removing a reference to an operating centre previously specified in the licence,
if [F3the authority] is no longer satisfied that the operating centre in question meets any requirements prescribed under section 3(3)(b) or for any other reasonable cause. 

(2)Where the [F2licensing authority] has decided to suspend the operation of a licence as mentioned in subsection (1)(a) or vary a licence as mentioned in subsection (1)(b)—
(a)[F3the authority] shall give notice of the decision and the grounds for it to the licence holder; and
(b)the decision shall take effect at the end of the period of 21 days beginning with the day on which the licence holder is served with that notice.

(3)If the [F2licensing authority] is of the opinion that the interests of public safety require [F3 authority’s] decision to have immediate effect, and [F3the authority] includes a statement of that opinion and the reasons for it in the notice, [F3 authority’s] decision shall take effect when the notice is served on the licence holder.

(4)If a licence is suspended in relation to an operating centre, the premises in question shall not be regarded for the purposes of this Act as premises at which the licence holder is authorised to accept private hire bookings, until such time as the [F2licensing authority] by notice states that the licence is no longer suspended in relation to those premises.

(5)The holder of a London PHV operator’s licence may appeal to a magistrates’ court against a decision under subsection (1).

London Taxi an Private Hire Staff Manual. 

10.5 Change of/acquisition of new operating centre 
If an operator wishes to change the address of an operating centre or add an operating centre to his licence he must submit a PHV/106 variation application form. Arrangements will be made for the new operating centre to be inspected before the licence is changed. A licence will not be varied to add reference to a new centre until that centre has been approved by a Compliance Officer following an inspection. The operator must not begin trading from the new address until it has been included on his licence. 

If an operator is found to be trading from an operating centre not specified in his licence he should reported for prosecution, told to cease trading from that premises and submit a variation application immediately. In most cases this should not preclude the variation application being considered favourably. However, if an operator is found trading from a nightclub or other late night venue (see section 10.15) that is not specified as an operating centre in his licence any subsequent application to vary the licence to include that centre should be refused. 

If TfL becomes aware that an operator has started trading from a centre not on his licence on more than one occasion, consideration should be given to revoking his licence.

If, having been told to cease trading, an operator continues to trade from the unlicensed premises and fails to submit a variation application within 14 days of the visit from a Compliance Officer, consideration should be given to revoking the licence.

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