Schedule 3, paragraph 18 of the 2023 Act amends s.269 of the 2008 Act to allow the regulator to appoint a person as an officer in the case of a registered charity, society or company where none of the officers is a Board member. It further defines the meaning of Board member. The Department for Transport is not in a position to provide definitive statements; to do so would be to give the impression that the department was responsible for interpreting the law. The department is not responsible for interpreting the law – that is a matter for the courts. Taking account of the principles set out in part one of this guidance note, the department considers that people providing care and support services should not be licensed because: allow the regulator to agree proposals and amend proposals where the regulator has made enquiries but has been unable to locate any secured creditors of the registered provider, or there are no secured creditors. in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms

Of course, each operation must be assessed individually, but in general terms, the department considers that these companies are acting as private hire vehicle operators and the vehicles and drivers used by them should be licensed.Whilst it is clear that an assessment of the individual facts of any one case will be necessary, the department would encourage licensing authorities to take a pragmatic approach to these types of grey area services. In the department’s opinion, a distinction can be drawn between those companies who offer an informal and ad hoc courtesy lift service making use of any available cars and staff and those companies who provide a separate dedicated transport service for customers. As discussed in part one, in assessing the fundamental question of whether the service derives a commercial benefit, the department would once again urge licensing authorities to make a balanced and fair assessment on the individual facts of any one case. A characteristic of a typical private hire vehicle operation is that the operator wants to transport passengers from a start point to a destination - that is the main purpose of the business. I run a country show which has a beer tent. Do I have to put the total number of people at the show in this section?

We have also made some more general amendments to the content to improve the clarity of the guidance as set out in the consultation document. The Statutory Guidance is an important document that explains the regulator’s approach to the use of its powers and it is important that it is correct and reflects recent changes. Which types of businesses would be affected? How many are affected?The department considers that services which involve the escort and custody of people sentenced or remanded to custody, secure accommodation or alternative youth detention accommodation are not private hire vehicles. There is a category of vehicle/service which the operator might describe as an ambulance because it carries out predominantly transport work involving medical-related journeys, but which the department does not recognise as a genuine ambulance.

In the department’s view, whether private hire vehicle licensing is required in a particular case will depend on a careful assessment of all the facts. The department would discourage licensing authorities from adopting blanket policies on particular types of services, for example a policy which requires all childminders who drive a child to school to be licensed, as often consideration of the specific facts of how a particular vehicle is used will be necessary to reach a decision. In offering advice about what is and what is not a private hire vehicle, the department considers that there are some key principles which should underpin the decision-making process. The department considers that most informal courtesy lifts offered by, for example, rental car companies or garages would not fall within the private hire vehicle licensing regime. Section 29 of the 2023 Act also inserts new sections 201A and 203A into the 2008 Act. Section 201A requires the regulator to produce an inspection plan. Section 203A also sets out requirements about actions which must be taken following an inspection by the inspector and regulator. If you do intend to take additional measures, you should consider carefully what to include. Anything you put down here is likely to become a condition of your licence. Failure to meet those conditions would constitute an offence under the act. You should therefore think carefully about adding conditions to ensure that they are achievable, realistic, appropriate, proportionate and within your control. Base your response on a proper, common sense consideration of the risks and what you can realistically do to mitigate them.enabling equipment and materials to be brought onto the premises and left there provided certain requirements are satisfied

We have undertaken a business engagement assessment of the proposals in this consultation (Annex 3). This aims to assess and quantify the impact of our proposals on business and includes consideration of any implications of the proposals in relation to equality and diversity. Undertaking and publishing such an assessment is intended to demonstrate that decision-making is transparent and accountable. It is clear that a range of vehicles could potentially fall within this definition – certainly more vehicles than those which are solely used to provide a conventional ‘minicab’ service. Licensing authorities will be aware of existing case law in this area and this guidance note is not intended to conflict with any of the binding principles already established by the courts. However, in the department’s opinion, there remains an element of flexibility for licensing authorities to take a balanced view of the specific facts of any one case. This guidance note attempts to assist licensing authorities with their decision making by setting out what the department considers are relevant considerations and example parameters as to which services should have their vehicles treated as private hire vehicles and which should not. A venue with a roof that opens and closes is regarded under the act as being an outdoor event and sporting activities in such venues are not licensable under the act. But note that other activities at such venues (such as the sale of alcohol or live music) are licensable. Box D: boxing or wrestling entertainment The changes to the existing powers and new powers introduced are summarised in Annex 1 and unless otherwise indicated, are planned to come into effect from 1 April 2024.Taking account of the principles set out in part one of this guidance note, the department considers that rental car companies/garages should not be licensed because: Section 33 of the 2023 Act amends the 2008 Act to extend some powers to charities which have not received public assistance. This provision came into force on 20 September 2023. Prior to this, these powers could only be used in respect of charities which had received public assistance. Due to the numbers of people involved in, or attending, the event in question, organisers often want to call in a specialist company to provide transport. Nevertheless, these vehicles are providing a dedicated transport service and the company itself is acting as an operator in terms of arranging the hirings. This consultation document and consultation process has been developed to adhere to the Consultation Principles issued by the Cabinet Office.