Issue - meetings

Report of the Licensing Manager

The Committee received the report of the Licensing Manager to inform Members of the amendments to the Local Government (Miscellaneous Provisions) Act 1976 implemented by the Immigration Act 2016 that required licensing authorities in England and Wales to prevent illegal working in the taxi and private hire sector.

Members were advised that the Immigration Act 2016, which came into force on 1^st December 2016, amended existing licensing regimes in the UK to seek to prevent illegal working in the private hire vehicle and taxi sector.  Licensing authorities across the UK would be prohibited from issuing to anyone who was disqualified by reason of their immigration status. 

It was reported that the local authority must discharge this duty by conducting immigration checks.  The checking requirements did not apply to licences issued or presented to the licensing authority before 1^st December 2016.

Members noted that the Act also embedded other immigration safeguards into the existing licensing regimes across the UK.

The provisions of the Act were outlined in the report, and the Home Office’s Guidance for Licensing Authorities to Prevent Illegal Working in the Taxi and Private Hire Sector in England and Wales was attached, for information, as appendix 1 to the report.

It was reported that the following statement had been added to the taxi page of the Council’s website, and the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing had been updated:

“Your right to work in the UK will be checked as part of your licence application.  This could include the licensing authority checking your immigration status with the Home Office.  We may otherwise share information with the Home Office.  You must therefore provide a document or document combination that is stipulated as being suitable for this check.  The list of documents is set out on our website.  You must provide the original document(s), such as your passport or biometric residence permit, as indicated in the published guidance, so that the check can take place.  The document(s) will be copied and the copy retained by the licensing authority.  The original document will be returned to you.  Your application will not be considered valid until all the necessary information and original document(s) have been produced and the relevant fee has been paid.

If there are restrictions on the length of time you may work in the UK, your licence will not be issued for any longer than this period.  In such circumstances, the check will be repeated each time you apply to renew or extend your licence.  If, during this period, you are disqualified from holding a licence because you have not complied with the UK’s immigration laws, your licence will lapse and you must return it to the licensing authority.  Failure to do so is a criminal offence.”

Resolved:

That the report be noted.