(Picture: Shepherd Neame/Cover Images)
Everyone loves a pub landlord who goes out of their way to make customers feel comfortable even after last orders have been called.
But not one council, which has barred family-run, village pub landlord Paul Hartfieldfrom giving punters a lift home for free.
Instead of a lock-in, the landlord of The Flying Horse in Smarden, near Ashford was offering lifts to customers at the pub as long as they lived within three miles.
The unofficial cab service did not make any profit for the pub, with passengers instead encouraged to make a donation to a charity.
However, officials at Ashford Borough Council (ABC) have now told the landlord to cease operations, as he does not have a taxi license.
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Mr Hartfield was left shocked by the move and is now seeking advice from a lawyer.
He sees no difference between what he is doing and offering a friend a lift home.
A statement from the pub provided to KentOnline reads: ‘We understand the law and understand that laws must be adhered to.
‘Our understanding was that licenses were for ‘hire and reward’; neither of which apply here. Customers do not ‘book’ for us to take them home, and they do not pay for the service.
‘As The Flying Horse is a small, family-run, village pub, the customers are my friends, and I am simply taking a few friends home after a drink in the pub, which I’m sure many ‘designated drivers’ do every day.’
‘It really isn’t a massive part of the business, in fact, it’s very small and has no financial impact on the business. The roads around our area are poor, with many potholes, limited pavements and no lighting.
‘This is not a business venture.’
(Picture: Shepherd Neame/Cover Images)
Mr Hartfield, who used to own a black cab garage, said the scheme was designed to keep the venue’s ‘community-first’ spirit going.
Since starting the taxi service three months ago, Mr Hartfield has already helped about 100 people get home safely and helped raise £700 for the MND Association.
Speaking about the attention his ban from the council has achieved, he added: ‘Our brewery, Shepherd Neame saw our cab, they were proud of it and wanted to show it on their socials.
‘Then all of this happened and every news outlet has wanted a story, mainly because most are horrified at the way someone now can’t give someone a lift and raise money for charity.
‘Child minders who carry children in their vehicles daily, much more often than our cab would ever be used, do not need these insurances and are not told by the council they aren’t allowed to carry passengers in their cars. I see no difference.’
The council’s explanation in full
A spokesman for ABC said they ‘recognize the good intentions behind the ‘pub taxi’ service and their charitable community fundraising for the MND Association’.
But they added: ‘However the council must balance good intentions with our regulatory responsibilities as the Licensing Authority and as soon as it came to our attention, the business was informally contacted to find out more.
‘On confirming the service amounted to private hire, the business was initially asked to cease the service in absence of the relevant licenses.’
‘We can confirm that we have provided the business with information on private hire licensing in order to comply with current legislation and our licensing team remains open to assisting the business should they wish to apply for the relevant license.
‘A business providing a car for hire with the services of a driver – with or without direct payment of money – is a licensable activity.
‘Whilst exemptions to the requirements exist, these are typically limited to services such as funeral cars, wedding cars, care-workers transporting clients under their care, and genuine ambulance services.
‘The purposes of private hire licensing is to ensure that drivers, vehicles, and operators are safe and suitable, so that unregulated transport services do not pose a risk to the safety of the passengers or the wider public.
‘This is completed by performing checks mandated through best practice and statutory guidance relating to driver backgrounds, vehicle standards, and ensuring that the vehicle is appropriately insured for such services.
‘ABC remain committed to ensuring public safety in this regard.’
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