Public Protection Sub-Committee:
26th September 2013 / AGENDA ITEM 3

SIGNAGE ON PRIVATE HIRE VEHICLES

1.0 Matter for consideration

1.1 To consider the provisions of the Hackney Carriage and Private Hire Policy on Private Hire door signage.

2.0 Recommendation(s)

2.1 The Sub-Committee will be requested to confirm the use of company names on Private Hire door signs even if the name includes the words “cab” or “taxi”.

3.0 Information

3.1 At its meeting in March 2013, the Sub-Committee considered the information below:

3.2 The Hackney Carriage and Private Hire Policy provides that any signage displayed on a private hire vehicle must be approved by the Licensing Service. In December 2012, approval was given to signage provided by Premier Cabs (Blackpool) Limited – a copy of the approved sign will be available at the meeting.

3.3 This new signage has brought to light conflict between previous practice and the Hackney Carriage and Private Hire Policy document. It appears that the practice over a number of years has been that only the company logo and telephone number has been put on the door sign. The Policy (page 13) states that for Private Hire vehicles “any advertising on the vehicle must be restricted to the name, logo or insignia, telephone number, free-phone number, fax number, email address or web-site of the owner or operator of the vehicle”.

3.4 Officers can see no reason why Private Hire companies should be precluded from displaying their name on vehicles they operate. An issue could arise however if other companies also wish to place their company name on vehicles. The Policy (page 5) states that Private Hire vehicles are not able to carry any references to the words “taxi” or “Hackney”. A number of companies who operate Private Hire vehicles have the words “cab” or “taxi” as part of their name.

3.5 Section 64 of the Transport Act 1964 states that there shall not be displayed on or above the roof of a vehicle used for carrying passengers for hire or reward, but is not a taxi, any sign which consists of the word “taxi” or “cab” or any word of similar meaning or appearance. This is the only piece of legislation which applies outside of London that restricts wording on Private Hire vehicles, but this only applies to wording on or above the roof. Other Councils have imposed conditions restricting the use of the words “taxi” or “cab” on Private Hire vehicles.

3.6 The reasons for restricting the use of such terminology is to ensure that Private Hire vehicles do not give the impression that they are Hackney Carriages. Officers are of the opinion that companies should be permitted to display their trading names on Private Hire door signs. There is nothing unlawful in their names and these companies are free to advertise in the media. The ultimate obligation to ensure that only pre-booked fares are carried in such vehicles is on the Private Hire driver – it is an offence to act as a Hackney Carriage without a licence.

3.7 After considering the above information, the Sub-Committee requested that the views of the Private Hire trade be sought on proposed amendments to door signs on vehicles.

3.8 The document attached at Appendix 3 (b) has been circulated to all Private Hire operators and to Mr Lewtas on behalf of Blackpool Licensed Taxi Operators Association (BLTOA) for comment. The operators have been invited to send in written representations or attend the Sub-Committee meeting to express their views.

4.0 Financial considerations

4.1 Nil

5.0 Legal considerations

5.1 The Head of Legal Services will be represented to advise the Sub-Committee.

Relevant officer:

Tim Coglan, Service Manager, Public Protection

Tel: (01253) 478376, e-mail:

Appendices:

Appendix 3 (a) Hackney Carriage and Private Hire Licensing Policy

Appendix 3 (b) Consultation Document

Background papers:

None

Websites and e-mail links for further information:

None