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You are Here: The Constitution / Constitution Part 3 / The Constitution Part 3 : Schedule 4 / Licensing
Licensing

1.DELEGATION TO THE HEAD OF PUBLIC PROTECTION AND OTHER DESIGNATED OFFICERS TO ACT IN RESPECT OF THE FOLLOWING LEGISLATION AND BYELAWS:

 

Act

Section

Duty

 

 

 

Bournemouth Borough Council Act 1985 Part III Night Cafés

7

Institution of proceedings re: unregistered Night Cafés

 

8

Institution of proceedings regarding offences in connection with Night Cafés

 

10

Unopposed transfer of Night Cafés

 

 

Approval for delivery service only after 11.00 a.m.

 

12

Powers of Entry, Inspection and Examination

Town Police Clauses Act 1847

37

To issue all Hackney Carriages in accordance with the Council's policy in relation to Hackney Carriage and Private Hire Licensing

 

40

False, or omission of detail upon application for Hackney licence

 

44

Licence holder fails to notify new address

 

45

Plying for hire without a licence

 

46

To issue all licences for drivers of Hackney Carriages in accordance with the Council's policy and Private Hire licensing

 

47

Drivers - no licence

 

48

Owner failing to retain driver's licence

 

52

Owner failing to display licence plate

 

53

Driver failing to carry passenger

 

54

Demand for other than legal fare

 

56

Prolonged journey

 

57

Driver refusing to wait

 

59

Carry passengers without permission of hirer

 

60

Driving without consent of proprietor

 

61

Driver misbehaviour, wilful misconduct

 

64

Obstruction or hindering a driver

 

66

Passenger refusing to pay fare

 

67

Causing damage to Hackney Carriage

 

68

Byelaws with respect to Hackney Carriages 18.09.68

 

 

Byelaw No 20 - To approve signs/notices with respect to Hackney Carriages provided they do not offend the Road Traffic Laws and subject to notification of such authorisation to the Statutory Licensing Board

Local Government (Miscellaneous Provision) Act 1976 Part II

46

Having no Private Hire vehicle licence
Having no Private Hire driver licence
Having no Private Hire Operator licence

 

47

Failing to comply with conditions applicable to Hackney Carriages and drivers

 

48(1-5)

Authority to issue all licences for Private Hire vehicles in accordance with the Council's policy in relation to Hackney Carriage and Private Hire Licensing

 

 

To waive the Private Hire vehicle licence condition that the vehicle must be capable of carrying a disabled person in a wheelchair in respect of applications to license Multi-Purpose vehicles

 

48(6)

Failing to display vehicle licences on Private Hire vehicles

 

49

Failing to notify transfer of vehicle licence

 

51

Authority to issue all licences for drivers of Private Hire vehicles in accordance with the Council's policy in relation to Hackney Carriage and Private Hire licensing

 

50

Failing to present vehic for examination

 

 

Failing to notify damage to vehicle within 72 hours

 

53

Failing to produce driver's licence for inspection

 

54

Failing to display driver's badge

 

55

Authority to issue all licences for operators of Private Hire vehicles in accordance with the Council's policy in relation to Hackney Carriage and Private Hire licensing

 

55

Failing to comply with operator licence conditions

 

56

The operator failing to keep and produce records for inspection

 

57

Make a false statement to obtain a licence

 

58

Failing to return to Council a revoked or expired licence

 

61

Failing to produce insurance for inspection

 

 

Failing to comply with driver licence and vehicle conditions

 

64

Vehicles other than taxis parked on rank

 

 

67

Charging excess fare other than that set by the Council

 

69

Prolong journeys unnecessarily

 

71

Use untested or altered meter

 

73

Obstruction or give false information to Council Officers or Police

Local Government (Miscellaneous Provisions) Act 1976 Part II

45,51,55

To conduct a driving and local knowledge test of applicants for a driver's licence. This requirement shall, at the Officer's discretion, be not required for a Private Hire driver's licence

 

 

To waive the requirement to apply for the grant of a new licence where an application is to renew a previous licence submitted within 2-3 months from the expiry of the old licence

 

61,62

To issue verbal written warnings to drivers, proprietors, and/or operators, in circumstances as considered appropriate

 

 

To suspend a driver or operator licence for up to seven days for a persistent infringement of any lawful requirement or licence condition within a twelve-month period after a written warning has been issued

 

 

To suspend a driver's or an operator's licence where that person has been charged with a Road Traffic or Criminal offence, or has given false particulars in an application for a licence, or has been convicted of such serious offence where urgent action is required to protect the public

 

 

To revoke a driver's licence forthwith upon a decision by a Court to disqualify the driver's Department of Transport licence

 

48,50

To suspend vehicle licences forthwith if the vehicle is unfit for use, for example an infringement of Road Traffic Regulations, mechanical defect, accident damage, internal condition or licence conditions

Bournemouth Borough Council Act 1985 Part VIII

 

Authority to approve applications for the display of roof signs on Hackney Carriages subject to compliance with Hackney Carriage Condition No 9

 

32

Unauthorised signs on non-taxi vehicles

Disability Discrimination Act 1995 Part V

32

Taxi Drivers failing to comply and taxi not conforming with Taxi Accessible Regulations

 

36

Driver failing to comply with statutory duty regarding carriage of passengers in taxi

 

37

Driver failing to comply with statutory duty regarding carriage of guide dogs and hearing dogs

Local Government (Miscellaneous Provisions) Act 1982 Schedule 1

12

Enforcement for Public Entertainments licences

 

 

Implementation of the scheme for the registration of door/security staff on the basis of notification being given to licensees of the date by which any door/security staff at their particular premises must be registered with the Council

 

 

Authority to advertise in the press any application for a variation of any existing Public Entertainments licence which is considered to be appropriate

Schedule 3

20

Enforcement for Sex Establishment licences

Schedule 4

10

Street Trading enforcement

Private Places of Entertainment (Licensing) Act 1967

4

Licensing of premises and breach of conditions

House to House Collections Act 1939

1

House to House Collections

Game Licences Act 1831

18

Dealing in game without licence

Gaming Act 1968

38

Enforcement of gaming machines licences

 

34

Approval of unopposed applications in accordance with Council's policy