What Benefits Will The Act Deliver?
The main benefits of the Act are:
- It is a key part of the Government's strategy for combating alcohol-related crime and disorder and anti-social behaviour. It will help to reduce the problems of disorder and disturbance associated with fixed universal closing times;
- The hospitality and leisure industry is a major part of the tourism sector and the Act will contribute towards a significant boost for tourism. It represents a radical modernisation of an archaic licensing system, which has made our cities and towns less attractive to visitors and hinders efforts to compete with European cities;
- It forms part of the Government's regulatory reform agenda and should save industry £1.97 billion in the first ten years of operation;
- It provides much greater scope for the further development of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities. Local Authorities will be able to recognise and supplement their role in promoting these cultural benefits through their direct involvement in the new regime;
It creates a licensing system that affords a voice to local residents living and businesses operating near premises where licensable activities are carried on.
What Are The Activities Covered By The Licensing Act?
The Act lists four licensable activities, which are to be regulated by the provisions of the Act. These, in brief, are:
- The sale by retail of alcohol;
- The supply of alcohol by clubs;
- The provision of regulated entertainment;
- The provision of late night refreshment.
Do I Need A Licence?
Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate. If you intend to carry on any of the licensable activities and unless your activity is covered by one of the exemptions in the Act, you will need one of these three authorisations.
It is an offence to carry on any licensable activity without such an authorisation.
Does The Act Mean 24 Hour Opening For Licensed Premises?
Not necessarily. The Government is not promoting 24 hour drinking. The Act will lead to flexible, rather than uniform, closing times and allow for the possibility of premises to remain open for up to 24 hours. The actual hours of operation will vary from venue to venue depending on the operator's wishes and the consideration of the views of people affected, for example, local residents and businesses. Alongside their application for a premises licence, applicants will be required to submit an operating schedule to the licensing authority, which will include the proposed hours of operation. If no relevant representations are made in relation to the application, the licensing authority must grant the application.
In practice this will mean that, unless relevant representations are made, the operating hours included in the licence will be those requested by the applicant. If, on the other hand, relevant representations are made, the licensing authority has discretion on the matter. In determining what opening hours to include in the premises licence, the licensing authority will take into account the relevant representations and will reach its decision on what is necessary with a view to promoting the licensing objectives.
Recent surveys indicate that fewer than 2% of licensed premises are likely to seek 24 hour opening. But many will want to open later than they do at present, particularly at popular times like weekends.
Won't Longer Opening Hours For Pubs and Clubs Lead To More Disorder And Disturbance To People Who Live Nearby?
In the context of premises selling alcohol, research shows that crime and disorder is worst at 'chucking out time' when, following a race to drink in excess just prior to last orders, everyone is forced out of pubs and clubs at the same time. This produces conflict and heavy pressure on police resources to keep control. The Government believes that flexible opening hours would mean a more dispersed departure of drinkers during the night, thereby reducing this problem and making life more manageable for the police and local residents. The Act will also give local communities a voice in licensing applications and will provide a more effective range of remedies which can be taken against badly run premises.
Won't The Act Kill Live Traditional Music In Small Venues?
Not at all. The current law has hindered the development of live music because a public entertainment licence in some local authority areas can be very expensive. The new system will remove that current disincentive. For example, a small pub that wants to put on live music can obtain at the same time a single premises licence permitting the sale of alcohol and the provision of live music for the same cost as a licence solely permitting the sale of alcohol. The Government expect to see more venues taking advantage of these changes.
When Is A Licence Needed?
A vehicle needs a Hackney Carriage Licence if it is to stand or ply for hire in a street. This includes picking up passengers or waiting for them in the street. The legal rules still use the old fashioned term Hackney Carriage instead of Taxi or Taxi Cab. A Private Hire Licence is needed for a vehicle that is booked only by telephone or at a Private Hire office.
How Do I Get A Hackney Carriage/Private Hire Driver's Licence?
You can apply to the Taxi Licensing Office at the address below. You will be required to book a Knowledge Test and given an application form and, both a Criminal Records Bureau (CRB) check form and a DVLA form. You will be required to pay the appropriate licence fee and CRB disclosure fee once you have successfully completed the Knowledge test.
Where Can I Get A Licensing Application Form?
We will send one out if you contact the Licensing Team.
How Long Does An Application Take To Process?
A new licence will not be issued until the CRB disclosure is returned and therefore this depends on how quickly the Criminal Records Bureau respond. Generally new applications are dealt with in approximately 6 to 8 weeks.
Where Is The Taxi Licensing Office And What Are Your Opening Times?
Licensing Office, Craven District Council, The Council Offices, Granville Street, Skipton, North Yorkshire, BD23 1PS.
The Licensing Office opening times are:
Monday to Thursday 9am to 1pm
Friday By appointment only
What Paperwork Do I Need To Apply For A Taxi/Private Hire Drivers Licence And How Much Do They Cost?
You will need an application form, Criminal Records Bureau (CRB) check and DVLA forms and Craven District Council’s Rules Regulations and Procedures for Hackney Carriage & Private Hire Licensing, medical (if required) and reference forms. For a copies of the forms contact the licensing team The form must be signed by the applicant and sent back to the Council along with the appropriate fee.
Are Applicants Scrutinised?
We are advised by the Criminal Records Bureau (CRB) about all new applicants for licences. Once a licence has been granted a CRB check will be carried out every three years. This must be completed and returned to us 3 months before expiry of your hackney carriage/private hire drivers licence to ensure continuation of the licence. We treat each application on its merits and want to be sure that the applicant is a fit and proper person whom members of the public can trust.
Can The Council Refuse To Give A Licence?
Yes, if we have good reason to believe that the applicant is not a fit and proper person. An applicant may appeal to the Magistrates Court if they believe that the Council's decision is wrong.
What Knowledge Do Applicants Have To Have?
Drivers cannot give an efficient service to passengers unless they know the area thoroughly and the quickest routes to any destination for which a passenger may ask. So we test applicants on their knowledge of the Craven District Council area.
Are The Vehicles Checked?
Inspections of licensed vehicles are carried out to see they meet strict safety and mechanical conditions and the fare meters are accurate. We also regularly carry out on-the-spot unannounced inspections
How Do I Become A Private Hire Operator?
You will need an Operators Licence. You must complete an application form and send it to the Council Offices at the address on the Contact the Council page along with the appropriate fee. A letter must also be obtained from the Planning Department confirming that either the necessary planning permission for the premises is in place or is not required. If you also wish to run your own vehicles and act as a driver you will also need Private Hire Vehicle Licences and a Private Hire Drivers Licence.
Can I Get A Temporary Taxi Driver's Licence?
No
How Do I Get A Hackney Carriage Vehicle Licence?
Book an appointment to have the vehicle tested and then complete an application form, available from the the Licensing Team and return along with the appropriate fee including the cost of plates & signs.
How Do I Get A Private Hire Vehicle Licensed?
Book an appointment to have the vehicle tested and then complete an application form, available from the Licensing Team and return along with the appropriate fee including the cost of plates & signs.