Open Decision Item

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One Corby Policy Committee 6th August 2013

Hackney Carriage Policy & Conditions

SYNOPSIS This report introduces an amended Hackney Carriage policy and conditions. A consultation has been undertaken and responses have been received from the hackney carriage trade. A decision is required on the amended policy and conditions following this consultation.

1. Relevant Background Details The Department for Transport (DfT) produced revised best practice guidance for taxi and private hire vehicle licensing in March 2010. Our existing hackney carriage policy and vehicle conditions were adopted in 2004 and have changed little. Accordingly there has been a need for some time to ensure our existing policy and conditions are updated in line with current best practice.

2. Report This report introduces a revised Hackney Carriage policy and revised vehicle conditions. The revision of the policy and conditions primarily updates the current documents in order to reflect changes to the DfT best practice guidance referred to above. In addition, this policy and conditions now more closely reflect the documents in place at both East Northamptonshire Council and Kettering Borough Council in light of the current bid to bring Hire Vehicle administration under the Central Administration Unit’s remit.

A consultation exercise was undertaken which included an initial meeting with the Corby Hackney Owners Association (CHOA) to scope out the extent of the consultation; a public consultation exercise through our website which provided a copy of all the documents and a standard form to complete for feedback; a letter written to all Hackney Carriage drivers highlighting the web consultation and desire to obtain feedback and a further meeting with the CHOA at their Annual General Meeting (AGM) on the 9th July 2013.

From this consultation, 4 responses have been received (Appendix 1). Two responses received simply referred to the condition of the roads locally. The third response contained no feedback. The fourth response is from Tam McGurn the Chair of the CHOA via email and followed feedback received after the most recent CHOA AGM.

The issues raised in Mr McGurn’s email dated 12th July 2013 were:

• 7 & 8 does this include children transported in prams

A discussion was undertaken during the AGM about the implications of having babies and small children in push chairs/prams in the back of vehicles. The Health Protection Manager undertook to speak to Northamptonshire Police regarding this matter. This specific issue was not part of the conditions consulted on and officers would not propose its inclusion within the current vehicle conditions.

• Vehicles should be black in colour This particular issue was raised at the AGM as historically this condition was in place but was at some point abandoned for a condition that stated the vehicle to

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be submitted for licensing should be black or any other standard manufacturers colour, and where the colour is other than black the proprietor must give written notice of the actual colour. Officers feel therefore, that there is no need to amend the condition as consulted on as there is no significant change in the condition.

• 2.17 10 year rule members felt a taxi can be in exceptional condition regardless of where it was registered and they also felt the more modern vehicles where less reliable CHOA members felt that the 10 year maximum age for Hackney Carriages being licensed should be removed. Discussion and examples centred on the TX1 models being far more reliable than the current TX4 London style cabs. Although this argument is understood there remains a concern that removing this age limit in relation to all types of Hackney Carriage vehicles will result in vehicles being submitted for initial licensing which are in poor aesthetic condition. This in turn may lead to increased customer dissatisfaction and also result in an increased workload for officers. Having regard to the above, officers have proposed an amended clause to the policy to enable TX1 vehicles only, to be submitted for initial licensing up to 15 years old, and will keep this under review.

• 3.4 a,b,c,d, members felt that with the changes in the retirement age i.e. some would not be eligible to retire until they were 70 this should be reflected in the gap between medicals The CHOA felt with health and longevity improving that the frequency of medical examinations should be reviewed. Although no specific suggestion was given an example could be that currently applicants have a medical every 5 years until they are 60 years old, then every three years until 70 years of age and then every 12 months after this. Current DVLA guidance requires that Group 2 licence medicals which include Hackney Carriage drivers are renewable every five years between the ages of 45 - 65 years and then annually thereafter, with no upper age limit. Officers have proposed an amended clause to the policy to reflect this DVLA guidance, which they feel is an appropriate response.

• 3.13 many members felt this scheme allowed the council to act as judge and jury and was therefore unfair This is a reference to the already established Penalty Points Scheme which officers continue to feel works well, and which was previously agreed by OCPC in 2010. There always has been a clear demarcation between the officers’ role in gathering evidence and any decision makers’ role (elected members only through a Licensing Panel). Officers do not recommend a change to the current policy.

• Many of our members were very unhappy with the arrangement for testing offered by KIER i.e. inadequate testing facilities non flexible access for testing, no legal certificate to say which the vehicle standard of fitness the vehicle conforms to, and the relatively high cost in comparison to an M.O.T. There was a significant discussion during the AGM about dissatisfaction with the Council’s vehicle testing facilities and arrangements as provided by KIER. As a consequence of this negative feedback further discussions will take place with Kier as to how the current service can be improved and potential options for tendering out the service.

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The amended Hackney Carriage operational policy and amended vehicle conditions that form part of this report are attached as Appendix 3 & 4 respectively. In addition a table of changes has been provided in Appendix 2.

3. Options to be considered (if any) Option 1 – Adopt the amended policy and conditions;

Option 2 – Reject the amended policy and conditions

Option 3 – Adopt parts of the amended policy and conditions and direct officers to make changes to those parts that require further development.

4. Issues to be taken into account:- Policy Priorities A healthy and viable Hackney Carriage and Private Hire service within the Borough has the potential to influence a number of the Council’s key Corporate Plan and Community Safety Objectives relating to integrated transport strategies, redevelopment of the town centre and the reduction of crime and disorder. Financial There are no financial implications relating to this report. Legal The Town Police Clauses Act 1847 and Part II of the Local Government (Miscellaneous Provisions) Act 1976 provide the legislative framework for the various aspects of licensing for hackney carriages. Performance Information There are no performance related issues associated with this report. Best Value There are no Best Value implications relating to this report. Human Rights The First Protocol 1 Article 1 is engaged in that applying conditions is a control on the use of the vehicle. However, there is derogation if the control is in the public interest. A fair balance has to be achieved. The issues are the effect on the drivers business, the nature of the public interest, whether the public interest could be secured in another way, and if not whether there is a fair balance.

Equality Transparent policies and conditions promote a consistency of approach regardless of race, religion, gender etc. The challenge is to ensure that any revised policies or conditions are consistently applied in all cases and without exception.

Community Safety Maintaining a safe fleet of licensed hire vehicles, available for members of the public both working and living in Corby is essential to community safety.

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Risk Implementing policies and conditions which do not meet current legislative or good practice requirements could leave this Licensing Authority open to a challenge.

5. Conclusion Changes are required to the existing Hackney Carriage policy and vehicle conditions.

Representations have been received and a decision is required as to whether to adopt the amended policy and conditions.

6. Recommendations The Committee:-

i) Approve Option 1 and adopt the amended Hackney Carriage Operational Policy and the amended Hackney Carriage Vehicle Conditions.

Background Papers Town Police Clauses Act 1847 Local Government (Miscellaneous Provisions) Act 1976 Taxi and Private Hire Vehicle Licensing: Best Practice guidance (March 2010) At a glance Guide to the current Medical Standards for Fitness to Drive, DVLA 2013 Edition External Consultations A letter has been forwarded to all owners of Hackney Carriages asking for their opinion about the amended policy and conditions. The consultation was public with the papers being available on www.corby.gov.uk. List of Appendices Appendix 1 - Responses to consultation exercise Appendix 2 - Summary table of changes Appendix 3 – Hackney Carriage Operational Policy 2013 Appendix 4 – Hackney Carriage Vehicle Licences - Conditions Wards All Officer to Contact Damian S Wilkins Health Protection Manager Direct Dial 01536 464299 Email – damian.wilkins@corby.gov.uk

Summary table of changes

Section Change Hackney Carriage Operational Policy General appearance Format altered and Corby Borough Council logo added Hackney Carriage Proprietors The requirement to complete an antecedent form has been deleted Vehicles Reference to the specific form HC1 has been deleted

Toyota Hiace, FX4, TX1 and Metrocab have been deleted Environmental Services Director updated to Head of Planning and Environmental Services The advertisement specification has been updated from inches to millimetres The 10 year rule has been deleted (no longer relevant due to Exceptional Vehicle Policy) Reference to the specific form HC7 has been deleted The ‘No Smoking’ clause deleted as this is no longer relevant

Related Vehicle Licensing Matters Section deleted as this matter does not form part of routine operational matters Hackney Carriage Waiting List Section deleted as this matter does not form part of routine operational matters Transfer of Vehicle Licence to Another Person Section deleted as this matter is covered in the Vehicle Section of the new policy Lease of Licensed Vehicles to Others Section deleted as in practice this is not enforced and is not mentioned in the DfT guidance Fares Tables Environmental Services Director updated to Head of Planning and Environmental Services

Part 8.4 deleted as this limits what this Licensing Authority can do with increase requests Hackney Carriage Drivers Part 10.2 deleted and replaced with Part 3.3 to comply with current guidance

Reference to the specific form HC3 has been deleted Environmental Services Director updated to Head of Planning and Environmental Services Medical Certificate requirements updated to comply with current DVLA guidance Convictions information in 10.6 deleted as there is now a specific Criminal Records Policy Reference to existing Penalty Points Scheme has been added

Hackney Carriage Vehicle Licence Conditions Principal EHO updated to Head of Planning & Environmental Services

Road Traffic Act updated from 1972 to 1988 Provision of Fire extinguisher and first aid kit made specific in vehicle conditions Addition of seat belt requirement Addition specific requirement for CCTV signage Addition of requirement relating to assistance dogs Addition of ramp maintenance requirement

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HACKNEY CARRIAGE OPERATIONAL POLICY 2013 1.0 Hackney Carriage Proprietors: 1.1 Section 48 of the Town Police Clauses Act 1847 (here after referred to as ‘the Act’)

provides that proprietors shall retain the licences of drivers so long as they remain in their employ. Such licences shall be made available for inspection by the Council or the Police at all reasonable times.

1.2 All proprietors must be 18 years or over at the time of completing an application. 2.0 Vehicles: 2.1 Application must be made on the official application form and must be submitted together

with valid insurance documents (giving adequate cover for passengers), vehicle registration documents and appropriate fee.

2.2 Vehicle licences will be issued for a period of 6 months, calculated from the first day of

issue. Hackney carriages will not be accepted for re-licensing if over 10 years of age from the date of first registration. TX models only will be accepted up to 15 years of age from first registration.

2.3 Applications for the issue of licences will be determined by the Head of Planning and

Environmental Services except where consideration of antecedent declarations or other circumstances involving the possible suspension, revocation or refusal of the licence, when they will be submitted to the committee panel for determination. In such case the applicant shall be required to attend the panel at which the application is to be determined and if such applicant fails to attend or arrange an alternative hearing the licence may be refused.

2.4 Licensed vehicles shall be either: (a) A Mercedes Eurocab M8; Fiat Eurocab; Peugeot Euro 7; VW Eurocab; and

Citroen Dispatch. Seating provided must not be less than 16 inches of accommodation per adult passenger; or

(b) London style cab, or similar with wheelchair access facilities such vehicles to be

defined as a purpose built hackney carriage with side loading wheelchair access and which has either:

i) Achieved National Low Volume Type Approval in its final format, or ii) Been fully tested to M1 category such testing having been witnessed by

the Vehicle Certification Agency. Vehicles should be black in colour. Where the colour is to be other than black the

proprietor must give written notice to the Head of Planning and Environmental Services.

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2.5 The colour and signage requirements for licensed vehicles shall be as follows: (a) Each vehicle shall have standard manufactured colour bodywork as approved by

the Head of Planning and Environmental Services. Roof signs where provided must be amber at the front and show the word ‘taxi’ in black. The name or telephone number of the proprietor may, at the licensees’ discretion, be displayed on the rear of the roof sign in black.

(b) The approved exterior licence plates shall be displayed at all times on the vehicle

to which they relate. The larger plate shall be attached to the rear of the Hackney Carriage so as to be clearly visible.

(c) The approved interior licence plate shall be fixed to the interior of each licensed

vehicle in such a position as to be clearly visible to passengers. 2.6 (a) Dependent on the type of vehicle, Hackney Carriages shall be licensed to carry

not less than 4, and not more than 8 persons in addition to the driver. (b) Nothing in (a) above shall permit the carriage of the number of passengers in

excess of the maximum number permitted under the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993.

2.7 The proprietor of a licensed vehicle will be required to present the vehicle for inspection

and testing a minimum of two times in any twelve month period at the approved testing centre. Additionally any authorised officer may inspect and test vehicles and taxi-meters at all reasonable times and require further inspection and testing, if the officer is not satisfied. The vehicle proprietor remains at all times liable to ensure that any vehicle complies with the statutory requirements. Roadside checks will be carried out and vehicle licences are liable to be suspended until any necessary work has been completed. If the suspended vehicle is not brought up to standard within two months, the licence is deemed to be revoked.

If a vehicle is not presented at the appropriate time for the Council test, and no other

arrangement has been negotiated with the Council’s officers, the vehicle licence is deemed to be suspended until such time as the test is satisfactorily completed.

2.8 Any vehicle which fails its test is required to be submitted for re-test within 7 days unless

an alternative arrangement has been previously negotiated with the Council’s officers. 2.9 The address of every place where the vehicle is kept when not in use must be declared

and any authorised officer must be afforded such facilities as may be reasonably necessary to inspect and test the vehicle there.

2.10 On revocation or expiry of the notice of suspension of a licensed vehicle, the Council will

require the proprietor of that vehicle licensed by them to return the licence plate within seven days. Failure to do so could result in prosecution which on conviction renders a proprietor liable to a fine not exceeding Level 3 on the standard scale.

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2.11 Section 50(3) of the Local Government (Miscellaneous Provisions) Act 1976 (here after called ‘the 1976 Act”) provides that any accidents or damage sustained to a hackney carriage which materially affects the safety, performance or appearance of the vehicle must be notified to the Head of Planning and Environmental Services as soon as practicable and in any case within 72 hours.

2.12 Such notification (2.11) shall include the location of the vehicle for inspection purposes. 2.13 In considering applications for the grant or re-issue of a Hackney Carriage licence the

Council, operating under any delegated powers in this respect, will take into account the standard of service that has been offered by an existing licensee. All Hackney Carriage licence holders under Section 49 of the 1976 Act should be aware that the Council may, in certain circumstances, refuse to re-issue licences where it is not satisfied as to such standards.

2.14 Licences may be transferred to replacement vehicles as follows: (a) Temporary replacement – the Head of Planning and Environmental Services is

empowered to approve, in writing, the temporary use of vehicles for limited and specified periods where the replacement vehicle has successfully passed the necessary inspection. Such limited period will normally be no longer than 2 months. The licence plate must not be transferred until after the receipt of the written consent of the Council by means of licence endorsements.

(b) Temporary replacement vehicles shall be in accordance with the requirements of

paragraphs 2.4 and 2.5. 2.15 A suitable advertisement, not exceeding 900mm wide by 600mm high may be displayed

on the front and rear side doors of Hackney Carriages below window level. A suitable advertisement not exceeding 600mm square may be displayed on the boot lid of Hackney Carriages, below window level.

2.16 Advertisements of taxi company names and telephone numbers may be displayed on the

front and rear side doors and rear wings above the line of the door handles but below the front and rear windows. Advertisements shall only be displayed on the rear windscreen of hackney carriages if they are printed on a transparent screen which does not obscure the drivers view. Any advertisement must be agreed in writing with the Council before being displayed on licensed vehicles and should not cause offence by means of race, colour, religion, sex or any other matter. The Council will have absolute discretion to determine whether any offence is likely to be caused. In the event of any proprietor wishing to display larger or full cab advertisements then an application for such will be considered.

2.17 Hackney carriages will not be accepted for renewal if over 10 years of age from the date

of first registration. The aim of this policy is to maintain a good stock of vehicles for residents and visitors to this area. However, this Licensing Authority recognises that some vehicles will be kept in exceptional condition. Accordingly a separate policy has been agreed covering vehicles over 10 years old (Exceptional Vehicle Age Policy)

2.18 All licensed Hackney Carriages must carry a spare wheel in such a condition so as to

allow its legal use should a puncture occur.

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2.19 All Hackney Carriages must be fitted with an approved locking device which secures the rear passenger doors in the closed position when the vehicle is in motion.

2.20 The Act provides that any accidents or damage sustained to a Hackney Carriage which

materially affects the safety, performance or appearance of the vehicle must be notified to the Head of Planning and Environmental Services within 72 hours.

2.21 Where a proprietor transfers his/her interest in respect of a hackney carriage, written

notice of such transfer, giving the name and address of the new proprietor, together with the original licence document, for endorsement with respect to the transfer must be submitted to the Head of Planning and Environmental Services within fourteen days of the date of transfer and the appropriate fee paid. At the time of renewal of the licence, if the Corby Borough Council considers the new proprietor to be unsuitable in consequence of his previous criminal behaviour, or for any other reasonable cause, the Licensing Authority has the right to refuse renewal of that licence.

3.0 Hackney Carriage Drivers: 3.1 Hackney Carriage driving licences are issued for a period of 52 weeks. 3.2 Applicants for a hackney carriage drivers licence must be at least 21 years of age. 3.3 An applicant must have held a full Great Britain, Northern Ireland or European Economic

Area (EEA) driving licence for at least 12 months. 3.4 A medical certificate on the official form is to be submitted on:-

a) A first application.

b) The applicant is required to have a medical every 5 years once attaining the age of 45 years

c) On the applicant attaining the age of 65 years and every year thereafter.

The production of a satisfactory medical certificate or duplicate copy obtained in respect of a Public Services Vehicle or Heavy Goods Licence current within twelve months of the date of application will be acceptable in lieu of a medical examination.

3.5 The Head of Planning and Environmental Services has been granted delegated authority

to refuse and revoke applications for Hackney Carriage Drivers Licences where the applicant/driver does not meet the requirements of the Council's Medical Standards Policy.

3.6 The following must satisfy the authorised officer of their knowledge relevant to driving a

Hackney Carriage and must undertake a test for this purpose, namely:

(a) First applicants. (b) Previous holders of Hackney Carriage Driver's Licences whose last licence

expired 12 months or more before.

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3.7 Applicants will be required to declare all spent and unspent convictions (including Cautions) on their application form. There is a separate Criminal Records Policy which provides in depth guidance on previous convictions.

3.8 First Applicants will be required to submit to an online DLVA check on their licence. The

Licensing Authority also reserves the right to check on existing drivers where information comes to light that raises concerns about the validity of drivers licences.

3.9 Applicants are required to provide recent passport sized photographs as part of the

licensing procedure. 3.10 Any circumstances affecting the suitability of a holder of a Hackney Carriage Drivers

Licence to continue to hold that licence will be referred to a Licensing Panel for decision with respect to possible revocation, suspension or refusal to renew the licence or other action as they may deem necessary.

3.11 The Head of Planning and Environmental Services has been granted discretionary

powers to determine which cases are so serious as to require the Panel’s immediate attention. Those cases which do not fall into this category will be dealt with when the licence becomes due for renewal. Before any decision is made by the Panel, the licence holder will be afforded an opportunity of making representations.

3.12 Hackney Carriage vehicle drivers must carry a guide, hearing or prescribed assistance

dog belonging to a passenger free of charge unless the driver holds a valid certificate of exemption which must be exhibited within the vehicle being driven by either fixing it to the windscreen facing outwards or fixing it in a prominent position on the dashboard. Drivers must also ensure that the vehicle proprietor is aware of any certificate of exemption held when they are first engaged.

3.13 Corby Borough Council operates a penalty points scheme for drivers and proprietors of

Hackney Carriages which is aimed at improving standards within taxis. All of the categories resulting in the issue of points under the scheme could result in a prosecution and/or referral to the Licensing Panel, who could suspend or revoke licenses. The issue of 12 points or more will normally result in a driver being required to attend a Licensing Panel. The Panel can choose to take no action, suspend or revoke a driver’s licence.

4.0 Fares Table 4.1 Applications for fares increases will be submitted to the appropriate policy committee for

initial consideration and determination as set out in Section 65 of the 1976 Act. Any decision taken at the appropriate policy committee will be ratified by Full Council.

4.3 When a Hackney Carriage is used for private hire services, Section 67 of the 1976 Act

makes it clear that the fare charged cannot exceed that which would be charged under the table of fares applicable to Hackney Carriages and which would be entered into the meter of the vehicle. This only applies when the vehicle is booked other than by hailing in the street or being approached at a rank.

4.4 The current fares table shall be fixed to the interior of each licensed vehicle in such a

position as to be clearly visible to passengers.

HACKNEY CARRIAGE VEHICLE LICENCES – CONDITIONS By virtue of Section 47(1) of the 1976 Act, the following conditions are attached to the issue of this licence:- 1. The two exterior licence plates issued with this hackney carriage licence shall be

displayed at all times on the vehicle to which they relate, the larger plate shall be attached to the outside on the rear of the hackney carriage so as to be clearly visible and the smaller plate shall be fixed to the front. The plates remain the property of the Council and shall not be copied or reproduced in any way.

2. Any changes whatever in the particulars shown on the application form relating to this

licence shall be notified in writing to the Head of Planning and Environmental Services. 3. Any changes whatever in the particulars on the vehicle registration document shall be

notified in writing to the Head of Planning and Environmental Services. 4. Insurance or security shall be in force in respect of the vehicle during the period to which

this licence relates as described in Part VI of the Road Traffic Act 1988 (as amended) and the insurance document shall be produced at any time on request of the Head of Planning and Environmental Services or an officer duly authorised by him.

5. The owner of the hackney carriage shall: (a) Comply at all times with the Council’s Hackney Carriage Bye-laws and take all

reasonable steps to ensure that hackney carriage drivers employed by him comply with Bye-laws and the Council will exercise its power of discretion under Section 60 of the 1976 Act which provides for suspension or revocation, or refusal to renew a hackney carriage licence in the event of a conviction under the said Bye-laws.

(b) Not affix any form of advertisement in any window or on the interior or exterior of

a licensed hackney carriage without prior consent of the Head of Planning and Environmental Services.

(c) Provide a fire extinguisher which shall be carried in such a position in the vehicle

to be readily available for use, and which conforms to British Standard EN3 and is clearly marked as such.

(d) Provide a suitable first aid kit. 6. A proprietor or driver shall not convey or permit to be conveyed in such a carriage more

than the number of passengers stated on the licence. 7. Nothing shall permit the carriage of the number of passengers in excess of the maximum

number permitted under the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993.

8. In consideration of Section 71(2) of the 1976 Act if a taxi-meter affixed to a hackney

carriage is found to be defective or inaccurate, the proprietor, or a person authorised by

him may break the seals of such taxi-meter for the purpose of carrying out the necessary repairs, provided further that such proprietor shall, within twenty-four hours next after breaking the seals give written notice to the Council specifying the number of such hackney carriage.

9. The approval of the Head of Planning and Environmental Services must be obtained if a

CCTV system is to be installed in the vehicle. A sign measuring at least 10cm x 10cm will be displayed in the vehicle so as to be clearly visible to passengers indicating that CCTV is in operation.

10. Assistance dogs for the disabled and visually impaired must be conveyed in the vehicle

when requested by the dog’s owner, in accordance with the Disability Discrimination Act 1995 (Carrying of Guide Dogs Etc.) (England and Wales) 2000. Any dog so conveyed shall count as one person and no charge shall be levied for any such dog. A driver will only be exempt from this condition on production of a medical certificate.

11. Section 50(3) of the 1976 Act provides that any accidents or damage sustained to a

hackney carriage which materially affects the safety, performance or appearance of the vehicle must be notified to the Head of Planning and Environmental Services as soon as practicable and in any case within seventy-two hours. Such notification shall include the location of the vehicle for inspection purposes.

12. If the hackney carriage is “wheelchair accessible”, the appropriate loading ramps must be

maintained and carried so as to be available for use at all times. 13. If the hackney carriage in respect of which the licence is issued ceases to be used for hire

as a hackney carriage the licence and licence plate shall be returned forthwith to the Head of Planning and Environmental Services and the plates shall not be transferred to another vehicle without the prior written permission of the Head of Planning and Environmental Services.

14. The licence holder shall notify or cause to be notified to the Council any convictions

involving offences under the Act the 1976 Act or the road Traffic Acts (as amended) in relation to hackney carriages or involving dishonesty, indecency or violence recorded against him within seven days of conviction. Such notification shall be in writing addressed to the Head of Planning and Environmental Services.

15. For the purpose of these conditions, notice shall be deemed to be given to the Council if

the written communication is handed personally to an officer of Environmental Services at Deene House, New Post Office Square, Corby, NN17 1GD; is handed to an employee working within the One Stop Shop at the Corby Cube or is left deposited in the Council’s official letter box at the same address within the stated time.