Proposed amendment to the Hackney Carriage and Private Hire Licensing Policy 2025-2030 with respect to protected plates and accessibility

Background

The Hackney Carriage and Private Hire Licensing Policy 2025-2030 ('the policy') sets out the approach that will be taken by West Berkshire Council ('the council') when determining if a private hire, hackney carriage or operator licence will be granted. It provides information for applicants, licence holders, the business sector, and the citizens of and visitors, to the district in respect of taxi licensing. The policy also explains the principles that guide decision-making, the standards expected of license holders, and the processes for compliance and enforcement. It recognises that Hackney Carriage and Private Hire trade is an essential part of the local transport network, providing safe, reliable, and accessible services to residents, businesses, and visitors and seeks to strike a careful balance between safeguarding passengers while supporting a competitive and thriving industry.

Following a public consultation in May 2025, the policy was approved by the Licensing Committee on 15 December 2025 subject to some minor amendments being delegated to Officers in consultation with the Chairman and Vice Chairman. The decision was also subject to an agreement to undertake a review of the application of the policy with respect to 'protected plates', within the subsequent six months with a view to implementing any changes proposed at the time of the first annual review.

Prior to the adoption of the policy, the trade was licensed subject to a set of terms and conditions in relation to each licence type, as well as a convictions policy. The Department for Transport (DfT) issued a set of Statutory Standards, which stated that local authorities should produce a 'cohesive policy document' that brings all procedures together.

The council licenses five different types of vehicles:

• wheelchair accessible vehicles (WAV)
• non-wheelchair accessible vehicles (NWAV)
• swivel-seated vehicles
• stretched limousines
• novelty vehicles

The council has two Hackney Carriage Licensing Zones:

Prior to 2002, the number of Hackney Carriage Vehicle licences that were issued in the zone that covered the former Borough of Newbury (the 'Town Zone') were capped in number. The 'District Zone' which covered the remainder of the council administrative area had no limit applied.

In 2002, the council made the decision to remove the limit on the number of licences that could be issued in the 'Town Zone', and in doing so implemented a condition that all new licences granted for this zone would require the vehicle to be wheelchair accessible. All those that had been issued with a licence prior to 1 April 2001, were allowed to continue to operate saloon vehicles whilst they remained the licence holder. These became referred to as 'protected plates'.

In April 2005, the Licensing Committee considered a proposal to allow the 'protected plates' to be transferred to immediate family thus creating the so called 'family exemption', along with other proposals. The proposals were adopted at the Licensing Committee meeting on Tuesday, 26 April 2025.

The effect of this was to update Hackney Carriage Vehicle Licence Conditions as follows:

1. If a taxi proprietor transfers in whole or in part his interest in a hackney carriage proprietor's licence, that transfer shall, subject to the family exemption, be treated as a grant of a new licence for the purpose of the applicability of the disabled access condition. Therefore, the disabled access condition requiring the provision of a fully wheelchair accessible vehicle will be applied to that licence with immediate effect from the date that the licence is transferred.

The family exemption

2. Any transfer by a hackney carriage proprietor of an interest in his licence, in whole or part, which is limited to a transfer of such interest to a member of the proprietor's immediate family as defined below, shall not be affected by the disabled access condition to any greater extent than the licence would have been affected had the transfer not occurred. Therefore, upon a transfer to a family member of an interest in a hackney carriage proprietor's licence, the relevant disabled access condition applicable to that licence immediately before the transfer was affected will remain in force.

3. For these purposes, 'immediate family' shall mean the:

• mother or father
• spouse or partner
• children
• brothers or sisters
• step-mother or step-father
• step-children
• step-brothers or step-sisters of the hackney carriage proprietor but shall not extend to any additional family member

4. Where it is claimed upon the transfer of an interest in a hackney carriage proprietors' licence that the family exemption applies, it shall in every case be for the proprietor of the licence to prove that a family relationship exists within the above definitions.

At the time of this consultation, there are still 35 Hackney Carriage Vehicle licences which the saloon car protection and 'family exemption' applies to.

What we are proposing

We are consulting on proposed changes to the 'protected plate' arrangements for pre‑2001 hackney carriages to ensure our taxi licensing policy remains lawful, fair and accessible. Maintaining long‑standing exemptions from wheelchair‑access requirements may create inconsistency and competitive advantage within the trade. As a licensing authority we must have due regard to our Public Sector Equality Duty under section 149 of the Equality Act 2010, including the need to eliminate discrimination, advance equality of opportunity and improve access for disabled people.

Why we'd like your views

We are seeking your views on four options, including a time‑limited phase‑out of the current exemption, that would promote a consistently accessible fleet, while mitigating undue hardship for existing proprietors. This engagement will enable licence holders, user groups and local disability and accessibility organisations to inform the final approach before any decision is taken.

The four options are:

1. phase out the pre-2001 exemption for all licences transferred to any party from 1 January 2027
2. phase out the pre-2001 exemption for all licences renewed after 1 January 2029
3. retain the current pre-2001 exemption but remove the ability to transfer to a family member
4. retain the current pre-2001 exemption and continue to allow the plates to be transferred to an immediate family member

How to take part

If you'd like to comment on our proposals, please click on the green button below. This will open a survey, which should take about five minutes to complete.

Take part

You can also comment by email to PPPConsultations@westberks.gov.uk  or by post to Moira Fraser, Public Protection Manager, Public Protection Partnership, Theale Library, Church Street, Theale, Berkshire RG7 5BZ.

All responses must reach us by 5pm on Friday, 15 May 2026 if they are to be considered.

Any personal information you choose to provide will be kept confidential and used in accordance with our privacy statement.

If you have any questions, please contact PPPConsultations@westberks.gov.uk

For more information about licensing, please visit our webpage.

What happens next

All feedback we receive will be reviewed and used to inform an updated version of the policy, which will be considered by the Licensing Committee meeting on Monday, 6 July 2026. If approved, the updated policy will be published on the Public Protection Partnership website and the council's Strategies, Policies and Plans webpage.

Anyone can watch councillors discuss items at council and committee meetings or ask a question. Residents can attend public meetings in person at the Market Street Offices. If you'd like to ask a question at a public meeting, find out what can and can't be asked, and how to submit your question on our website.