A private hire vehicle cannot pick up or drop off passengers unless that vehicle has been despatched by a private hire operator who has first accepted the booking. A private hire operator can be any person who invites or accepts bookings for private hire vehicles.
Do you need an operators licence?
If you are inviting, accepting or fulfilling requests for a vehicle and driver you are likely to fall within the licensing regime if the vehicle seats 8 passengers or less. It does not make any difference if a booking is made at a booking office, by telephone, email, website or app. It also does not make a difference if the booking is for a one-off journey or a regular booking under a contract.
Whilst the majority of business activities that require an operator licence are obvious, there are some instances where it can be unclear and exemptions apply. Any business activity that involves providing a vehicle to drive another person is likely to require a licence, even if the provision of the vehicle and driver does not itself generate a profit. Money does not need to change hands for the activity to require regulation.
Any person carrying out an activity for monetary or commercial gain is responsible for ensuring it is lawful before they do so. It is a criminal offence to operate without a licence, whether intentional or not. If you are unsure if you need a licence you should contact licensing.taxis@hertsmere.gov.uk
Applying for an operator's licence
To apply you should download and complete the
- application form. doc file[475KB]
Each individual applicant, company director or partner will also need to complete an
- Individual Character and Conviction Declaration.doc file[26KB]
The application form should be submitted to the Council with the following documents:
- Basic DBS (for each individual applicant/partner or Director).
- Proof of your right to work / Right to work share Code
- Public liability Insurance
- Employers Liability Insurance
- Complaints Policy
- Lost Property Policy and Procedure
- Data Protection Policy
- Criminal Record Policy for the employment of staff
What are the responsibilities of a private hire operator?
- When a booking for a vehicle is accepted, a legal contract is formed between the Operator and the customer. The Operator is responsible for the performance of this contract to a satisfactory standard. Operators are responsible for arranging and fulfilling bookings by the use of licensed drivers and vehicles and maintaining records of every booking they receive. Operators will also receive complaints which may relate to the conduct of a licensed driver or the standard of a licensed vehicle. Operators and their staff are also privy to the person information of their customers, such as their address and when they are on holiday. As such Operators must be assessed by the Council and only licensed if the Council is satisfied that they are fit and proper.