Deregulation and Contracting Out Act 1994

44 Determination of applications for licences

(1) For section 64 of the 1968 Act there shall be substituted—

“64 Determination of applications for operators' licences

(1) Subject to sections 69E and 89(2) of this Act, on an application for an operator’s licence the licensing authority shall consider—

(a) whether the requirements of subsections (2) and (3) of this section are satisfied; and

(b) if he thinks fit, whether the requirements of subsection (4) of this section are satisfied.

(2) The applicant must not by reason—

(a) of any activities or convictions of which particulars may be required to be given under section 62(4)(d) or (e) of this Act; or

(b) of any conviction required to be notified in accordance with section 62(4A) of this Act,

be unfit to hold an operator’s licence.

(3) It must be possible (taking into account the licensing authority’s powers under section 64A(3) of this Act) to issue a licence on the application in relation to which paragraphs (a) to (d) of this subsection will apply—

(a) there are satisfactory arrangements for securing that Part VI of this Act is complied with in the case of the vehicles used under the licence and for securing that those vehicles are not overloaded;

(b) there are satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition;

(c) at least one place in the licensing authority’s area is specified in the licence as an operating centre of the licence-holder and each place so specified is available and suitable for use as such an operating centre (disregarding any respect in which it may be unsuitable on environmental grounds);

(d) the capacity of the place so specified (if there is only one) or of both or all the places so specified taken together (if there are more than one) is sufficient to provide an operating centre for all the vehicles used under the licence.

(4) The provision of such facilities and arrangements as are mentioned in subsection (3)(b) of this section must not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.

(5) In considering whether any of the requirements of subsections (2) to (4) of this section are satisfied, the licensing authority shall have regard to any objection duly made under section 63 of this Act in respect of the application.

(6) In considering whether the requirements of subsection (3) of this section are satisfied, the licensing authority may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(7) In considering whether subsection (3)(c) of this section will apply in relation to a licence, the licensing authority may take into account any conditions that under section 64B of this Act could be attached to the licence, and may assume that any conditions so attached will not be contravened.

(8) In considering whether subsection (3)(c) or (d) of this section will apply in relation to a licence, the licensing authority may take into account (if such be the case) that any proposed operating centre of the applicant would be used—

(a) as an operating centre of the holders of other operators' licences as well as of the applicant; or

(b) by the applicant or by other persons for purposes other than keeping vehicles used under the licence.

(9) If the licensing authority determines that any of the requirements that he has taken into consideration in accordance with subsection (1) of this section are not satisfied, he shall refuse the application, but in any other case he shall, subject to sections 69B and 89(2) of this Act, grant the application.

64A Issue of operators' licences

(1) Subject to subsection (2) of this section and to sections 64B, 66, 69B, 69C and 89(2) of this Act, on granting an application for an operator’s licence, the licensing authority shall issue that licence in the terms applied for.

(2) If the authority has determined that any of the requirements of section 64(3) or (4) of this Act that he has taken into consideration in accordance with section 64(1) of this Act would not be satisfied unless he exercised any of his powers under subsection (3) of this section, he shall exercise those powers accordingly.

(3) The authority may issue the licence in terms that differ from the terms applied for in any of the following respects—

(a) more or fewer motor vehicles are specified in the licence;

(b) different motor vehicles are specified in it;

(c) it includes a provision such as is mentioned in section 61(1A) of this Act;

(d) it includes a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act;

(e) higher or lower maximum numbers are specified in it under section 61A of this Act;

(f) fewer places are specified in it as operating centres of the licence-holder.

(4) Any undertakings taken into account by the authority under section 64(6) of this Act that he considers to be material to the granting of the application shall be recorded in the licence issued.”

(2) In section 69B of the 1968 Act (objection to, and refusal or modification of, applications for operators' licences on environmental grounds) for subsection (5) there shall be substituted—

“(5) The licensing authority may not refuse an application for an operator’s licence on the ground that any place would be unsuitable as mentioned in subsection (4) of this section if—

(a) on the date the application was made, that place was already specified in an operator’s licence granted by the authority as an operating centre of the holder of that licence; or

(b) the applicant has produced to the authority a certificate in force in respect of that place under section 191 or 192 of the [1990 c. 8.] Town and Country Planning Act 1990 or section 90 or 90A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, stating that its use as an operating centre for vehicles used under any operator’s licence is or would be lawful.

(5A) Subsection (5) of this section does not apply in relation to any place that, at the time the application is determined by the licensing authority, is specified in an operator’s licence as an operating centre of the holder of that licence.

(5B) In paragraph (a) of subsection (5) of this section “operator’s licence” does not include a licence granted under section 67A of this Act, and the reference in that paragraph to a place being specified in an operator’s licence does not include a place being so specified—

(a) by virtue of an interim direction such as is mentioned in section 68A of this Act;

(b) if such conditions as may be prescribed in relation to the exercise of the right of any person to appeal against that place being so specified are not satisfied;

(c) if such conditions as may be prescribed in relation to the review under section 69J of this Act of the decision so to specify that place are not satisfied; or

(d) by reason of being situated within a place that is so specified.”