Private Hire Car Driver's Licences
West Lothian Council as licensing authority administers a licensing scheme for private hire car drivers licences. A private hire car driver's licence entitles the holder to drive only a private hire car.
The Licensing Team are able to provide general guidance on the scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. You should seek legal advice from a solicitor or advice centre if you are unsure as to whether you require a licence.
From 2 October 2023, there will be new tax-related requirements put in place by the UK Government in connection with applications for certain types of licence across Scotland and Northern Ireland. The requirements have been in place in England and Wales since April 2022. In Scotland, this applies to the following types of licence-: If you are applying for one of the licences above for the first time, we will ask you to read HMRC guidance on what you need to do to be properly registered for tax in the future and provide confirmation that you have done so. Find out more at Confirm your responsibilities when applying for a licence (opens new window) If you are applying to renew one of the licences above you'll need to complete an online tax check with HMRC prior to submitting your application. Find out more at Complete an online tax check (opens new window) Please note that if you are a new applicant and have held the same type of licence anywhere in the UK within the 12 months preceding your application the law requires that you complete the tax check with HMRC referred to above for renewals. Applicants and licence holders should be aware that failure to comply with the above requirements prevents the Council from accepting and considering their application. About the tax check The check should take a few minutes every few years and is simply to confirm that applicants for licences are appropriately registered for tax. Applicants complete the tax check through the GOV.UK Government Gateway website, you will require a Government Gateway User ID and Password. You will only need to answer a few questions to tell HMRC how you pay any tax that may be due on income you earn from your licensed trade. If you do not already have a Government Gateway account, you must sign up to get one at the start of the process for completing the online tax check. When you've completed the tax check, you'll get a 9-character code, tax check codes are valid for 120 days. You must give this code to the Licensing Team when you make your application. We cannot proceed with your application until the tax check is completed and we have checked your code with HMRC. Please note we will not have access to information about your tax affairs. If you are applying to renew a licence and fail to provide a valid tax check code your licence will expire on whichever of the following dates is the latest:
Taxis and private hire cars and the door to door service they provide are essential for people with disabilities. They are a key mode of transport for people who are blind and partially sighted, who are unable to drive and often face barriers when using public transport.
Service providers, including transport providers, have a duty under equality legislation to make reasonable adjustments for people with disabilities. And of course, providing such support also represents good customer service.
Guide Dogs Scotland have written guidance for taxi and private hire drivers to make them feel confident when helping passengers with sight loss Guide Dogs Scotland Taxi and PHC Guidance [89KB]
Licence holders and applicants should be aware that the standard conditions of private hire car drivers licences applied to all licences issued by West Lothian Council include a condition that you shall carry assistance dogs at no additional charge.
Under the Private Hire Car Driver's Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2004, the condition about carrying assistance dogs as a private hire car driver in Scotland is mandatory unless a medical exemption applies. A copy of the regulations can be found here Private Hire Car Drivers Licences Carrying of Guide Dogs and Hearing Dogs Scotland Regulations 2 [81KB] Exemptions under these regulations can only be considered by the Council if they are based on medical grounds.
Anyone who has held a driving licence issued by DVLA for a continuous period of twelve months can apply for a private hire car driver's licence.
As part of the application process you must provide a clear copy of the front of your DVLA photo card licence or if you still have a paper licence then you must provide a clear copy of that and to allow the licensing team to check your entitlement to drive you will be asked to provide a share code which is provided by DVLA.
If you want to apply for a new licence you must submit an application form along with the required documents. Application forms which have guidance notes attached to them are available from the downloads section of this page. You should read the guidance notes carefully before completing your application form and once that has been sent you will receive an emailed acknowledgement if it has been successfully delivered.
Once your form and documents have been checked by the Licensing Team you will be emailed with information about how to make a card payment for the fee, details of fees can be found in the downloads section of this page, however you will be advised by the licensing team of the correct amount and given a reference number which you must use when making the payment.
All applications for hire car licences are copied to the Cab Inspector at the Taxi Examination Centre. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer.
Please note that applications cannot be submitted at the Civic Centre or at Arrochar House.
If you want to apply to renew your current licence you must submit an application form along with the required documents. Application forms which have guidance notes attached to them are available from the downloads section of this page. You should read the guidance notes carefully before completing your application form and once that has been sent you will receive an emailed acknowledgement if it has been successfully delivered.
Once your form and documents have been checked by the Licensing Team you will be emailed with information about how to make a card payment for the fee, details of fees can be found in the downloads section of this page, however you will be advised by the licensing team of the correct amount and given a reference number which you must use when making the payment.
Please note that applications cannot be submitted at the Civic Centre or at Arrochar House.
All applications for hire car licences are copied to the Cab Inspector at the Taxi Examination Centre. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer.
Please note that renewal applications must continue to be submitted prior to the expiry of licences to enable the licence to continue in effect after the date of expiry and whilst the renewal application is processed and determined. Therefore, all licence holders should be aware that failure to lodge timeous renewal applications results in the licence ceasing to have effect on its date of expiry. The licensing team will send an email to remind you of when your licence is due to expire, however this is a courtesy and the onus is on you as the licence holder to make a renewal application prior to the expiry of a licence.
The council has a very limited power to treat late applications for renewal as being made on time if they are submitted within 28 days after the expiry date of the licence but this power can only be exercised if good cause is shown why the application was not made on time.
If you want to apply to renew a licence within 28 days of its expiry date you can still make the application as noted above and you must also upload a letter or give details by email explaining why your application is being lodged late. Late applications are considered by the Chief Solicitor and the licence remains expired until a decision has been made by the Chief Solicitor whether good cause has been shown to accept the late application as a renewal.
There is no requirement for applicants wishing to obtain a private hire car driver's licence to take the topographical test.
See paragraph 3 of the guidance notes attached to the application form. There is detailed information about what crimes and offences must be declared on the application form Guidance note - disclosure of convictions in applications for taxi and PHC driver's licences [176KB]
If you are a current licence holder and you are charged with any crime or offence, or are issued with a fixed penalty or an alternative to prosecution (including all breaches of road traffic law) you should contact the Licensing Team immediately to provide us with details of the offence.
If you are a current licence holder and you are charged with any crime or offence, or are issued with a fixed penalty or an alternative to prosecution (including all breaches of road traffic law) you should contact the Licensing Team immediately to provide us with details of the offence.
Yes, for all new hire car driver's applications and in some circumstances for those who apply to renew existing hire car drivers licences, the Council is required to carry out a right to work check. See paragraph 7 of the guidance notes attached to the application form for further details. There is detailed information about right to work checks Guidance note - right to work check for applicants for taxi and PHC driver's licences [89KB] In dealing with your application the council must follow the Guidance for Licensing Authorities in Scotland to Prevent Illegal Working in The Taxi And Private Hire Car Sector issued by the Home Office Home Office Guidance on Right to Work Checks (opens new window)
Failure to complete the right to work check within 3 months of your application being lodged will mean that your application will be treated as incompetent and cannot be processed further. You should be aware that in those circumstances and as your application has otherwise been fully processed no refund of your application fee will be payable.
Information on how to make an appointment will be provided once your application has started to be processed.
Condition 13 of the private hire car driver's licence conditions requires that drivers prior to driving a licensed vehicle suitable for transporting passengers travelling within wheelchairs must undertake training in the use of approved restraint systems for the carrying of wheelchairs. As all Type 2 private hire cars are wheelchair accessible this means that all drivers who drive these vehicles must undertake such before driving a Type 2 private hire. Training on disability awareness and wheelchair access training for hire car drivers is available from Lothian Community Transport (opens new window)
If you answer yes to any of the questions in the application regarding health or if you are aged 45 or over when you apply for a private hire car driver's licence you will be referred to the Council's appointed medical advisor who will assess your fitness against the group 2 standards. If you are unsure of the DVLA group 2 standards and how this would affect you applying for a private hire car driver's licence, you should discuss this and your medical history with your own GP before applying.
Information about medical assessments and how this affects applicants and licence holders can be found on this page Information about Medical Assessments for Taxi and PHC Hire Car Drivers
You will be contacted by the Licensing Team once your application has been vetted by Police Scotland to update you regarding the progress of your application. Police Scotland has 28 days in which to respond to your application.
Following any required right to work check or medical, applications which do not attract any adverse comments/objections are granted by the Chief Solicitor under delegated powers.
If you do not have a right to work in the UK your application cannot be processed further.
If you require a medical and are not certified fit by the council's medical advisor your application will require to be refused by the Chief Solicitor using her delegated powers. Normally when an application is refused you cannot reapply for the same type of licence within a period of 12 months from the date of refusal. However where an application is refused the Chief Solicitor has a discretion to allow you to submit another application within the 12 month period if she is satisfied that there has been a material change of circumstances since your application was refused.
All other applications where adverse comments/objections are received require to be referred to the Licensing Committee for determination. You will be advised if your application is being referred to the Licensing Committee. The Committee meets on a monthly basis.
We have nine months in which to determine your application however the majority of applications are determined within 60 days.
Meetings are held in the West Lothian Civic Centre and you or your representative will be given the opportunity to explain to the committee at the meeting why you consider your application should be granted.
Applicants who require an interpreter at the Licensing Committee should consult read the following guidance note Guidance on Interpretation Service for Licensing Committee and Board Meetings [22KB]
- New Applicant's - if your application is granted you will be emailed a copy of the licence and ID badge and asked to acknowledge receipt of that and the licence and ID badge will also be posted to your current home address
- Renewal Application's - you will be emailed to confirm that the application has been granted and a licence and ID badge will be posted to you
The Civic Government (Scotland) Act 1982 contains a number of grounds on which applications can be refused Grounds for Refusal of Civic Licence Applications [88KB] If none of these grounds is found to exist the application must be granted. Licensing caselaw makes it clear that in making decisions on any application under Part II of the 1982 Act a committee should have adequate factual material before it to support its conclusions and any reasons given should be those related to the objects of the civic government licensing legislation.
A private hire car driver's licence is normally issued for a period of 3 years for both the grant or renewal of a licence, however in certain circumstances as noted below this may be for a shorter period:
- Applications that have been considered by the Licensing Committee - the Committee have powers to determine how long a licence can be granted and on some occasions this may be for a period less than 3 years
- Where a person's immigration permission to live and work in the UK is time-limited - a hire car drivers licence can only be issued for a period which will not exceed the period of permission to be in the UK
The standard conditions for private hire car driver's licences and the conditions of fitness for private hire cars can be found in the downloads section of this page. A breach of any of these conditions could lead to a licence holder being reported to the Licensing Committee which has power to suspend or revoke a licence. In addition you should be aware that a breach of a condition is a criminal offence.
It is important to note that condition 13 of the private hire car driver's licence conditions requires that drivers prior to driving a licensed vehicle suitable for transporting passengers travelling within wheelchairs must undertake training in the use of approved restraint systems for the carrying of wheelchairs. As all Type 2 private hire cars are wheelchair accessible this means that all drivers who drive these vehicles must undertake such before driving a Type 2 private hire. Training is available from Lothian Community Transport (opens new window)
If you are a current licence holder and are considering making a request to vary any of your hire car conditions in relation to your driver's licence, you can do that by making an application and the application and a list of fees can be found in downloads section of this page.
Once your application form and fee are received a copy of this will be sent to Police Scotland. If no adverse comments are received the licence can be varied by the Chief Solicitor if she is content to use her delegated powers.
However if any adverse comments are received or the Chief Solicitor is not prepared to use her delegated powers the application would then need to be referred to the next suitable Licensing Committee for a decision to be taken. If your application needs to go to the committee the whole process may take three to four months. You will be invited to attend the meeting to explain to the committee why you believe your application should be granted.
As the conditions form part of council policy the onus is on the licence holder to satisfy the committee that there are good reasons why the particular condition should be disapplied in their case.
If you are applying for a new licence or to renew an existing licence and wish to request that any of the standard conditions be varied you can request that at the time you make your application without making a separate variation application. You should include a letter with your application form explaining what condition you wish varied and the reasons for that. The procedure is the same as for variation applications and if delegated powers are not used to vary the standard conditions the application would then need to be referred to the next suitable Licensing Committee for a decision to be taken on the grant or renewal of the application including your request for the conditions to be varied.
You should be aware that if your application requires to be referred to the Licensing Committee that this will delay the determination of your application.
You should notify us as by email licensingservices@westlothian.gov.uk (opens new window) as soon as you can if your details change or any of the information given in your application becomes out of date due to a change in your circumstances.
If you no longer wish to hold your licence you can surrender it to the council at any time by returning your licence together with a letter stating that you wish to surrender it. If you surrender your licence it will cease to have effect.
It is important that you let the Licensing Team know immediately if you change your address, phone number or email address so we can contact you about any licensing issues including when your next medical is due.
You are able to request a duplicate licence or ID badge by completing an application form which is available from the downloads section of this page.
These must be in writing either by letter or email to licensingservices@westlothian.gov.uk (opens new window) and give all the information you can about the driver or the vehicle. Please include brief details of the complaint giving the date, time and location of the incident.
Complaints cannot be investigated unless received in the required format.
All complaints which are received in writing, either by letter or email can be referred to the Taxi Examination Centre (TEC) for investigation. However, if your complaint involves an allegation that the licence holder has committed an offence you must report this first to Police Scotland by calling 101 or attending at a police station. Once you have a crime reference number you should make your complaint to the Licensing Team and include the crime reference number.
Complaints where an offence has been committed can still be forwarded on to TEC and will be monitored until the Police Scotland investigation is concluded, in the event where no action is taken by Police Scotland the detail of the complaint can still be considered from a licensing perspective.
Further information in relation to hire car enforcement can be found here Hire Car Enforcement
Complaints regarding unlicensed driver should be made to Police Scotland by calling 101.
