Why Almost All UK Tourism Businesses Are Operating Illegally
And why I have to, once again, become a taxi driver...
Before moving to Wales, in 1986, I was working for Westminster Abbey and living between Tower and London Bridge. I decided to moonlight in the evenings as a mini cab driver but the flexibility and ease of making big bucks (it was £4 to get in my car with mileage and time to be added) led to me going, for a couple of months before the move, full time. I enjoyed the work, meeting some uber famous stars such as Derek Jacobi, John Sessions and Charlton Heston! I was car 39 and working for Galaxy - Cars For The Stars out of Victoria in Central London.
I never once dreamed of owning my own taxi service but, apparently, that is what I now have to purchase from the local authority, the operator, vehicle and driver licenses, to be legal in offering clients a ride to a walk start point. I’ve estimated that the total yearly cost will be approximately £1000. I’ll need an operator’s license, a vehicle license and a driver’s licence, purchase plates and badges and undergo a knowledge test.
Current legislation is such that any business that could benefit from offering a lift to a client, in cash or any other way, is required to have these three licenses which are in place for taxi businesses and are not fit for tourism purposes.
There are 1000’s of uninsured operators on the roads…
And so to the bombshell. If a B&B offers a guest a lift to or from a railway station or if an activity provider car shares with a couple of clients to the activity location, even if there is no charge for any of these provisions, this goodwill gesture and enabling of their business is regarded by the UK Government and all local authorities as requiring the private hire licenses. Hiring a minibus and charging a fee for the activity on the other side? Yes, that requires these licenses too. And even if you can convince your authority that you gain nothing in the transportation of a client, and that is very unlikely, to be compliant with current law you still need to gain an exemption certificate.
I know that most businesses working in outdoor education will have recourse to ferrying clients in their vehicles. Many small accommodation providers will do the same. This type of provision is not eligible for an exemption. This means that the majority of owner operated small businesses, and likely a good few larger businesses too, working in tourism in Wales and indeed throughout the UK are operating outside of the law. Something needs to be done about this situation of government departments demanding so much from hard pressed businesses in Wales who simply want to offer the best service to visitors that they can.
I have absolutely no intention of starting a taxi business but I will make as much use of bus lanes as is humanly possible!
To Contest Or Not To Contest?
After dropping this bombshell, I would however like to contest the local authorities in the UK in their interpretation of the law. I will step by step go through the Department of Transports Private Hire Vehicle Licensing guidance notes but you interpret the guidance and apply it to yourself. Do you fall foul of the law?:
Definition
‘A motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle or a London cab or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers.’
Do You Require A License?
Question 1
Is there a commercial benefit?
If the driver or the operating organisation / person derives a commercial benefit, it should be subject to further scrutiny.
If the carrying of passengers yields no commercial benefit, it is unlikely to require private hire licensing.
Wales Outdoors says that the provision of a lift to a client in itself is non commercial but the lift enables excellence of visitor experience and more clients able to participate in our guided walks as transport in Wales is simply not able to get people to where they want to go.
Question 2
Is carrying passengers in a vehicle with fewer than nine passenger seats an ancillary part, or a main part, of the overall service?
If carrying passengers is a main part, or an obviously separate and identifiable part, the service is more likely to require further scrutiny.
If carrying passengers is an ancillary part, the service is less likely to be private hire.
Wales Outdoors says carrying passengers is a small part of the day and is acilliary to the day.
Question 3
Has the driver been vetted to provide the wider service of which driving is a part?
If the driver has not been vetted for wider work, the Department considers that the service is likely to require further scrutiny.
If the driver has been vetted for wider work, the Department considers that the service is less likely to require private hire licensing.
Wales Outdoors says he is a qualified mountain guide and is undergoing Blue Badge Guide training/assessment and will be a first aid trainer soon too. He’s happy to get another DBS check done.
Question 4
Is the driver under any explicit or implicit obligation to undertake any duties or tasks beyond driving (and assisting with entry/exit and assisting with luggage)?
If the driver’s duties are restricted to driving and assisting with luggage, the Department considers that the service is more likely to be private hire.
If the driver has wider duties beyond those associated with driving, the Department considers that the service is less likely to be private hire.
Wales Outdoors says yes and this constitutes most of the provision of the day.
Question 5
Does the service require a specific qualification or level of training on the part of the driver which goes beyond the driving and courtesy skills associated with conventional private hire?
If the driver does not require any specific qualifications or training which go beyond driving and general customer care, the Department considers that the service is more likely to be private hire.
If the driver must have specific qualifications or training which go beyond driving and general customer care, the Department considers that the service is less likely to be private hire.
Wales Outdoors says absolutely. Mountain Leader and Blue Badge Guide qualifications constitute significant qualifications suitable for the purpose of the day
Question 6
Would Parliament have had this service in mind in passing the legislation governing private hire vehicles?
If Parliament would have had this sort of service in mind when passing the relevant legislation, the Department considers that the service is more likely to be private hire.
If Parliament would not have had this sort of service in mind when passing the legislation, the Department considers that the service is less likely to be private hire.
Wales Outdoors says Parliament would not have had this sort of service in mind when developing and passing the legislation and this is confirmed by ongoing discussion with the government looking at just this issue and with a mind to have tourism guides exempt from the need for the PHV suite of licenses.
With This In Mind
I am in discussion with the local authority and have asked them for an exemption, so, a new taxi company may not be born. We’ll have to wait and see what their response is including why they think driving clients to a guided walk is licensable.
Update…
Since writing this post I have contacted my local authority on several occasions. I asked the simple question, show me where Wales Outdoors falls foul of the legislation and specify which part demands of Wales Outdoors to apply for the licenses. This has been asked three times. On each occasion, I have received back confusing bluster, with reference to court cases (none quoted), with direction to legislation (none quoted) and words like ‘in our opinion’ and ‘other similar businesses are licensed’ being the reason that they believe Wales Outdoors should be a taxi business. So, until the authority can tell me why I need to be licensed I’ll be withholding my application.
You can book our walks through the Wales Outdoors Website or, if you are a group, you can book us for a bespoke adventure, you choose the date and time, using the ‘Book Your Guide’ option.
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