Taxi and private hire: touting/soliciting and plying for hire: CJPOA 1994 s167 offence, defences, prosecution, sentencing, ride-hailing case law, and DfT standards (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note addresses a number of issues arising where a taxi or private hire vehicle engages in ‘touting’ or seeking custom for business. The areas covered are:

terminology
offence under the Criminal Justice and Public Order Act 1994 (CJPOA 1994)
statutory defences
prosecution and sentencing
reforms in the law

Terminology

‘Private Hire Vehicle’ (PHV) is an umbrella term for minicabs, executive cars, chauffeur-driven services, limousines and certain school or day centre transport. Every PHV journey must be pre-booked via a licensed PHV operator and is subject to a ‘triple licensing lock’: the operator that takes the booking must use drivers and vehicles licensed by the same authority that granted the operator’s licence. In contrast, ‘taxis’—such as licensed black cabs or hackney carriages—can be hired instantly by hailing on the street or from a rank. As no operator booking is needed, taxis sit outside the triple licensing lock. Instead, the taxi licence itself falls under a separate licensing regime.

Offences under the Criminal Justice and Public Order Act 1994

Because of the distinction between taxis and PHVs, the law prevents PHV drivers under the CJPOA 1994 from...

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Jill Morgan

Jill Morgan is a Chartered Legal Executive and the founder of Clear and Credible Ltd, a content writing and copywriting business, specialising in law, local government and social welfare. Jill has specialised in housing law for a number of years, particularly homelessness and possession proceedings. She has a keen interest in social welfare law and associated issues and has contributed to a number of published texts. Jill’s practice extends across all aspects of local government law, including governance, planning, licensing, environmental health, property, housing and commercial contract. In her role as Deputy Monitoring Officer, she was heavily involved in governance arrangements and standards matters. Jill managed the local authority’s licensing team for a number of years and has a wealth of experience in advising at committees, sub-committees and contested hearings. In addition to contributing to the legal practice notes below, Jill has prepared numerous court digests and...

Web page updated on 22/05/2026

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