Your Question: "I run a private hire business, and I know that my Operator's Licence is the single most valuable asset I have. What are my key legal responsibilities as an operator, and how can specialist Taxi licensing solicitors help me protect my entire business from risk?"
This is an excellent question that highlights a critical and often overlooked area of licensing law. While much of the focus is rightly on the individual driver's badge, the Private Hire Operator's Licence is the very foundation upon which your entire business is built. The responsibilities that come with this licence are significant, and a failure to meet them can result in the council suspending or revoking it, effectively shutting down your company overnight.
At TMC Solicitors, we are not just experts in defending individual drivers; we are also specialist legal advisors to the businesses and entrepreneurs who run private hire firms. We understand the commercial pressures and the legal duties you face. To answer your question, here is our guide to your key responsibilities as an operator.
The Operator's 'Fit and Proper' Test. Is it different from a driver's?
Yes, it is. While the "fit and proper person" test applies to both drivers and operators, for an operator, the test is much broader. The council needs to be satisfied not just of your personal character, but of your ability to run a professional, safe, and compliant business that serves the public responsibly. This includes assessing the integrity of your business practices, your record-keeping, and your overall management of drivers and vehicles.
What Are My Core Responsibilities for My Drivers and Vehicles?
As an operator, you are the central hub of your business, and the council holds you responsible for the standards of the service you provide. Your key duties include:
- Verifying All Drivers:You must have a robust system in place to ensure that every single driver you engage holds a valid private hire driver's licence issued by the same council that issued your operator's licence.
- Verifying All Vehicles:You must ensure that every vehicle dispatched to a passenger is correctly licensed as a private hire vehicle, has valid hire and reward insurance, and holds a current MOT certificate.
- Meticulous Record-Keeping:You are legally required to keep detailed and accurate records of all bookings, including the passenger's details, the pick-up and drop-off points, the driver and vehicle assigned, and the fare charged. These records must be available for inspection by the council.
Failure in any of these areas can be seen as a serious breach of your duties. Expert Taxi licensing solicitors can advise you on setting up the compliant record-keeping systems needed to satisfy these requirements.
Handling Driver Misconduct. What is my legal role?
This is a critical area. When a customer makes a serious complaint about the conduct of one of your drivers, you, as the operator, have a duty to take it seriously. You are expected to maintain records of complaints and to cooperate fully with any investigation by the council's licensing team or the police. An attempt to cover up or ignore serious misconduct by one of your drivers can lead a council to conclude that you are not a fit and proper person to continue holding an operator's licence.
The Ultimate Threat: Suspension or Revocation of Your Operator's Licence
If a council believes that you are failing in your duties—whether through poor record-keeping, engaging unlicensed drivers, or failing to manage complaints properly—they can call you to a formal hearing to consider suspending or revoking your entire business licence. The consequences of this are catastrophic, as it would make it illegal for you to take any private hire bookings. This is the ultimate threat to your business, and it is a situation where you must have expert legal representation. The Taxi licensing solicitors at TMC Solicitors are highly experienced in defending operators at these critical committee hearings.
How Can Specialist Legal Partners Help My Business?
Our role as your Taxi licensing solicitors is to act as your proactive legal partners. We help you to:
- Ensure Compliance:We can review your systems and procedures to ensure you are meeting all your legal duties as an operator.
- Provide Crisis Management:If you are facing a threat to your licence, we provide the urgent and robust legal representation needed to defend your business at a committee hearing.
- Manage Court Appeals:If the council makes a negative decision, we will manage the entire appeal process to the Magistrates' Court on your behalf.
Your business is your life's work. It is too important to risk through a compliance failure. To ensure your Operator's Licence is protected by expert legal advice, contact the specialist Taxi licensing solicitors at TMC Solicitors today.