PART 1
ITEM NO.
REPORT OF THE LEAD MEMBER FOR
LICENSING REGULATORY PANEL
TO THE LICENSING REGULATORY PANEL
ON THURSDAY 25TH MAY 2006
TITLE: REVIEW OF THE STATEMENT OF POLICY WITH REGARD TO
RELEVENT CONVICTIONS IN CONNECTION WITH THE APPLICATION AND
RENEWAL OF HACKNEY CARRIAGE AND PRIVATE HIRE LICENSES
RECOMMENDATIONS: THAT MEMBERS APPROVE THE REVISED POLICY
EXECUTIVE SUMMARY: THIS REPORT
BACKGROUND DOCUMENTS: ATTACHED
ASSESSMENT OF RISK:
N/A
SOURCE OF FUNDING:
N/A
LEGAL ADVICE OBTAINED:
FINANCIAL ADVICE OBTAINED:
N/A
CONTACT OFFICER:
MARTIN SEEL LICENSING OFFICER
WARD(S) TO WHICH REPORT RELATE(S)
KEY COUNCIL POLICIES
DETAILS
ALL
REDUCING CRIME IN SALFORD
REPORT
Members will be aware that the current guidelines relating to relevant convictions
when an application is made for a Hackney Carriage or Private Hire Drivers licence
have been in operation now for a number of years. It was not until 1992 that
applicant’s records were required to be checked by the Police.
Prior to that time and since the implementation of the Rehabilitation of Offenders Act
1974, applicants were only required to complete a statutory declaration signed by a
solicitor. The system therefore relied solely on the honesty of the applicant.
With the continued implementation of new legislation over recent years, together with
the introduction by the government of new categories of offences, the safety of the
public has become even more of a major concern.
In the aftermath of certain high profile cases it has become necessary for applicants
in certain occupational sectors, including taxi drivers, to undergo more regular and
stringent check of their past for any criminal or traffic convictions.
Although the current guidelines have assisted members in making appropriate
decisions in respect of applicants with convictions, it was felt that they only covered a
general view of convictions. This lead to different interpretations being made of what
was relevant in an application and what was not, by both applicants and members
alike.
Applicants now have to declare all convictions including spent convictions, but it is a
matter for members to determine which ones are relevant for the purposes of the
application.
The previous guidelines have been reviewed and updated in light of legislative
changes, to assist members and applicants in the process of determining whether an
individual is a fit and proper person to hold a license.
The Licensing Panel are asked to consider and approve the revised Statement of
Policy. A copy of the original guidelines is attached for comparison purposes. It is
proposed that the revised policy would be issued to new applicants with immediate
effect and to existing drivers upon the renewal of their license.
Draft Statement of Policy Concerning Relevant Convictions
1) Licences for drivers of Hackney Carriages and Private Hire vehicles will only
be granted where the local authority is satisfied that the applicant is a fit and
proper person to hold such licence.
2) This statement of policy is intended to give guidance as to whether or not an
applicant is a fit and proper person in a situation where he/she has previous
convictions and cautions.
3) The document is produced to ensure that;
a. An applicant is a fit and proper person
b. Does not pose a threat to the public
c. The public are protected from dishonest persons.
4) When considering applications, although members of the public do not
normally attend licensing hearings, the licensing regulatory panel have still to
take into account an applicants human rights in reaching their decisions.
5) When submitting an application for a hackney carriage or private hire drivers
licence applicants must declare all previous convictions traffic and criminal,
they may have, including convictions classed as spent under the
Rehabilitation of Offenders Act 1974. See Appendix (1). Spent convictions will
only be taken into considerations if they are relevant to the application. An
applicant is also required to declare any formal Police cautions all endorsable
fixed penalty tickets, and provide details of any pending criminal matters that
they are currently the subject of investigation or prosecution.
6) Applicants should be aware that any details of convictions supplied will be
kept in strict confidence whilst the licensing process is carried out and will
only be taken into account if the council consider the information relevant in
determining whether the applicant is a fit and proper person to hold a drivers
licence for the purposes of the local government (Miscellaneous Provisions)
Act 1976 sections 51 and 59
7) Applicants should be aware that the council is empowered to check with the
Criminal Records Bureau and the (D.V.L.A) Driver and Vehicle Licence
Agency for the existence and content of any criminal record or offences under
Road Traffic legislation held in their name. Details of any such convictions
will again be kept in strict confidence during the licensing process and will be
retained no longer than necessary and will be eventually destroyed in
accordance with the requirements of the Data Protection Act 1998 and in
accordance with best practice, until after the applications has been
determined or until any appeal has been decided against councils decision.
8) The disclosure of a criminal record or other information will not debar an
applicant from gaining a licence, unless the authority considers that the
convictions or information renders the applicant unsuitable.
9) It is however, possible that the council may not be satisfied that an applicant
is a fit and proper person for any good reason. If adequate evidence that an
applicant is suitable is not discovered or if there is good reason to question or
doubt the evidence available, then this would amount to a good reason to
refuse a licence.
The council has adopted the following guidelines relating to the relevance of
convictions which will be referred to, to determine if an applicant is a suitable
person to hold a hackney or private hire driver’s licence.
There may be occasions when it is appropriate to depart from these guidelines
when making a decision on an application. An example would be if an offence is
an isolated one and there are mitigating circumstances or alternatively there are
many at continuous offences which may show a pattern of offending.
When considering evidence of an applicants good character and fitness to hold a
drivers licence, where previous convictions or other information is disclosed, the
council will also consider the nature of the offence leading to the conviction, when
it was committed, the date of the convictions, the applicants age at the time and
any other relevant factors before coming to a final decision.,
Any applicant who is refused a drivers licence on the grounds that he/she is not a
fit and proper person has a right of appeal to magistrates court.
The guidelines will also be taken into account when dealing with applications for
the renewal of existing drivers licences when considering whether to renew,
suspend or to revoke such a licence.
Applicants who would like to discuss what effect a conviction might have on their
application should telephone the Licensing Section on 0161 793 3114/3115.
Guidelines relating to the relevant convictions.
General Policy
1) Each case will be decided on its own merits.
2) The Council has a duty to ensure so far as possible that applicants are fit and
proper persons to hold licences. An aspect of this is the extent to which
previous convictions, including but not limited to convictions of dishonest,
sexual offences, traffic offences, violence and drugs indicates that a person is
not a fit and proper person and would not take advantage of passengers or
abuse or assault them.
3) A person with a conviction for a serious crime need not be automatically
barred from obtaining a licence but would normally be expected to:
a. Remain free from a convictions for 3-5 years and
b. Show sufficient evidence that he/she is a fit and proper person to hold
a licence. Simply remaining free from convictions will not generally be
regarded as sufficient evidence that a person is a fit and proper
person to hold a licence.
4) Some discretion may be appropriate if the offence is isolated and there are
mitigating circumstances. However the over-riding consideration should be
the protection of the public.
5) The following examples afford a general guide on the actions to be taken
where convictions are admitted or discovered.
Offences of dishonesty
Hackney carriage and private hire drivers are expected to be persons of trust. It is
comparatively easy for a dishonest driver to defraud the public by demanding more
than the legal fare and in other ways.
Members of the public entrust themselves to the care of drivers both for their own
safety and are expected to be dealt with fairly. Visitors from abroad and other areas
can be confused and become “fair game” for an unscrupulous driver. For these
reasons a serious view should be taken of any convictions involving dishonesty. In
general a period of 3 to 5 years free of convictions should be required before
considering an application.
In particular an application will normally be refused where an applicant has a
conviction for:
a. Theft
b. Burglary
c. Fraud including benefit fraud
d. Handling or receiving stolen goods
e. Forgery
f. Conspiracy to defraud
g. Obtaining money or property by deception
h. Other deception
i. Similar offences of dishonesty where the convictions is less that 3 years prior
to the date of application.
After 3 years have elapsed consideration can be given to the circumstances of
the offence and any evidence that the applicant has mended his/hers ways, and
can be considered a fit and proper person.
Violence
Hackney and private hire drivers maintain close contact with the public a firm line
should be taken with applicants who have convictions for this type of offence.
When the commission of an offence involves loss of life a licence will normally be
refused. In other cases a period of 3 to 10 years free from offences involving
violence (dependant on the seriousness of the offence) will be required before an
application is likely to be considered.
An application will normally be refused where the applicant has a conviction for:
a. Murder
b. Manslaughter
c. Manslaughter or culpable homicide whilst driving
d. Similar offences which may have replaced the ones listed
An application will normally be refused for a period of 5 yrs from the date of
conviction where the applicant has conviction’s for:
a. Arson
b. Malicious wounding or grievous bodily harm
c. Any of the above which are racially aggravated
d. GBH with intent
e. Wounding with intent
f. Robbery
g. Racially aggravated offences of criminal damage
h. Racially aggravated Public Order offences (e.g. aggravated fear or
provocation of violence. Aggravated intentional harassment alarm or distress.
Aggravated fear of violence.)
i. Riot
j. Violent Disorder
k. Assault Police Officer in execution of duty
l. Possession of offensive weapon or firearm
m. Similar offences where the conviction is less than 10yrs prior to date of
application
An application will normally be refused for a period of 3 years from the date of
conviction where an applicant has convictions for :
a. Common assault including racially aggravated assault
b. Assault occasioning actual bodily harm
c. Affray
d. Racially aggravated public order offence ( Harassment, Alarm or Distress)
e. Obstruction
f. Criminal damage
g. Resisting arrest
or similar offences when the conviction is less than 3 years prior to the date of
application.
Drugs
Supply of Drugs
An application will normally be refused when an applicant has a conviction
related to the supply of drugs and the conviction is less that 5-10 years prior to
the date of application. After 5 years have elapsed consideration will be given if
an applicant can provide evidence that he/she can be considered a fit and proper
person.
Possession of Drugs
An application will generally be refused where the applicant has more than one
conviction relating to the possession of drugs and that the conviction is less than
5 years prior to the date of application.
An application from an applicant who has an isolated conviction for possession of
drugs within the last 3 to 5 years will require serious consideration before a
decision is made regarding his/her suitability.
Sexual and indecency offences
As Hackney carriage and Private Hire drivers often carry unaccompanied
passengers, applicants with convictions for rape, indecent assault, or similar
offences under the Sexual Offences Act will normally be refused a licence.
Applicants with convictions for soliciting or prostitution importuning indecent
exposure or like offences under the Sexual Offences Act will normally be refused
a licence until they can show a period of 5 to 10 years free from such a
conviction. After 5 years have elapsed consideration will be given if an applicant
can provide evidence that he/she can be considered a fit and proper person.
Motoring convictions
Minor traffic convictions
Convictions for minor traffic offences will not prevent a person from being
considered for a licence. If an applicant has six “live” penalty points an their
driving licence for such offences then the applications may be granted subject to
a strong written warning. If an applicant has between 6 and 9 penalty points on
their licence then the applications will be referred to the licensing regulations s
panel who may decide to refuse the application or at the very least issue a severe
warning that further convictions would lead to revocation.
Where an applicant has more than 9 penalty points on their licence they must
normally show a period of 12 months free from convictions before their
application is considered. Even then the final decision will be given by the
Licensing Regulatory Panel.
An isolated conviction for driving without due care and attention etc. should
normally merit a warning as to future driving and advice expected of hackney
carriage and private hire drivers.
More than one conviction for this type of offence within the last two years should
merit refusal and no other application should be considered until a period of 1 to
3 years free from convictions have elapsed.
A List of minor traffic offences is attached appendix (1)
Major Traffic Offences
If an applicant has live endorsements or has been disqualified from driving in
respect of major traffic offences then the application will be referred to the
licensing Regulatory Panel, and will normally be refused until at least 5 years
after the most recent such convictions.
Alcohol Related Offences
A person who has been disqualified from driving as a result of a drunk driving
offence must show at least three years free from convictions after the restoration
of their driving licence before their application will be considered.
More than one “live” conviction for this type of offence would require a period of
at least five years free from convictions before the application would be
considered.
Such an applicant would also be required to pass a further medical examination
and if found to be an alcoholic a further period of five years should elapse after
treatment is complete before an application is considered.
A list of major Traffic offences is attached in appendix(1)
Not in motor vehicle
An isolated conviction for drunkenness need not debar an applicant from gaining
a licence. However a number of convictions for drunkenness could indicate a
medical problem necessitating medical examination.
In “totting up” cases where disqualification is considered by the court, even if the
court does not disqualify (eg exceptional circumstances) the council may still
refuse on applications because different criteria apply and an applicant should
show a period of 12 months free from convictions from the date the court made
its decisions.
Offences by licensed drivers, proprietors or operators.
Any conviction which results from an offence committed by any person whilst
working as a hackney carriage or private hire driver, proprietor or operator
(especially the offence of illegally plying for hire) is regarded as extremely serious
and may lead to a licence being suspended or revoked or an application to renew
the licence being refused.
More than one conviction for the above would certainly lead to the licence being
revoked.
This includes any offences against the Town Police Clauses Act 1847, The Local
Government (Miscellaneous Provisions) Act 1976 or any breach of the conditions
or byelaws made under the relevant legislation.
Conviction’s of any description listed in appendix (1) committed by both Hackney
Carriage proprietors and Private hire driver’s during the duration of their licence
must be declared to the Licensing Office in writing as soon as the conviction is
imposed.
Appendix (1)
MAJOR TRAFFIC OFFENCES
AC10
AC20
AC30
Failing to stop after and accident
Failing to give particulars or to report an accident within 24 hrs.
Undefined accident offences
BA10
BA30
Driving while disqualified by order of the Court
Attempting to drive while disqualified by order of the court
CD10
CD20
CD30
Driving without due care and attention
Driving without reasonable consideration for other road users
Driving without due care and attention or without reasonable
Consideration for other road users
Causing death through careless driving when unfit through drink
Causing death through careless driving when unfit through
drugs
Causing death through careless driving with alcohol above limit
Causing death by careless driving then failing to supply a specimen
For analysis
Causing death by careless driving then failing to supply a specimen
For drug analysis
CD40
CD50
CD60
CD70
CD71
DD40
DD60
DD80
DR10
DR20
DR30
Dangerous driving
Manslaughter or culpable homicide while driving a vehicle
Causing death by dangerous driving
Driving or attempting to drive with alcohol level above limit
Driving or attempting to drive while unfit through drink
Driving or attempting to drive then failing to supply a specimen for
Analysis
DR31
DR70
DR80
DR90
Driving or attempting to drive then failing to supply a specimen for
Drug analysis
In Charge of a vehicle while alcohol level above limit
In Charge of a vehicle while unfit through drink
Failure to provide a specimen for analysis in circumstances other than
Driving or attempting to drive
Fail to supply drug specimen for analysis in circumstances driving or
To drive
Failing to provide specimen for breath test
Driving or attempting to drive when unfit through drugs
In charge of a vehicle when unfit through drugs
IN10
Using a vehicle uninsured against third party risks
LC20
LC30
Driving otherwise than in accordance with a licence
Driving after making a false declaration about fitness when applying
For a licence
Driving a vehicle having failed to notify a disability
Driving after a licence has been revoked or refused on medical
Grounds
DR40
DR50
DR60
DR61
LC40
LC50
MS50
MS60
Motor racing on the highway
Offences not covered by other codes
UT50
Aggravated taking of a vehicle
Aiding, abetting, counselling or procuring, offences as coded above.
Causing or permitting, offences as coded above.
Inciting, offences as coded above.
Appendix (1)
Minor Traffic Offences
CU10
CU20
CU30
CU40
CU50
SP10
SP20
Using vehicle with defective brakes
Causing or likely to cause danger by reason of use or unsuitable
Vehicle or using a vehicle with parts or accessories (excluding
Brakes, steering or tyres) in a dangerous condition
Using a vehicle with defective tyres
Using a vehicle with defective steering
Causing or likely to cause danger by reason of load or passengers
SP30
SP40
SP50
SP60
Exceeding goods vehicle speed limit
Exceeding speed limit for type of vehicle (excluding goods or
Passenger vehicles)
Exceeding statutory speed limit on a public road
Exceeding passenger vehicle speed limit
Exceeding speed limit on a motorway
Exceeding speed limit offence
MS10
MS20
MS30
Leaving a vehicle in a dangerous position
Unlawful pillion riding
Play street offences
MS40
MS70
MS80
MS90
MW10
Driving with uncorrected defective eyesight or refusing to submit
To a test.
Driving with uncorrected defective eyesight
Refusing to submit to an eyesight test
Failure to give information as to identity of driver, etc.
Contravention of special road regulations (excluding speed limit)
PC10
PC20
Undefined contravention of pedestrian crossing regulations
Contravention of pedestrian crossing regulations with moving vehicle
PC30
Contravention of pedestrian crossing regulations with stationary
Vehicle.
Failing to comply with traffic light signals
Failing to comply with double white lines
Failing to comply with a “Stop” sign
Failing to comply with direction of a constable or traffic warden
Failing to comply with traffic sign (excluding “stop” sign, traffic
Lights or double white lines)
Failing to comply with school crossing patrol sign
Undefined failure to comply with a traffic direction sign
TS10
TS20
TS30
TS40
TS50
TS60
TS70
Aiding, Abetting, Counselling or Procuring offences as coded above.
Causing or Permitting, offences as coded above.
Inciting offences as coded above.
Appendix II
Spent convictions
Under the Rehabilitation of Offenders Act 1974 convictions become spent as defined
below.
Sentence:
Becomes spent after:
Imprisonment of between 6 months and
30 months
10 years
Imprisonment of up to 6 months
7 years
Borstal training
7 years
A fine or other sentence not otherwise
Covered in this table
5 years
Community service order
5 years
Absolute discharge
6 months
Probation order, conditional discharge
Or bind over
1 year (or until the order
expires, whichever is the
longer
3 years
Detention Centre Order
Remand Home, attendance centre
Or approved school order
The period of the order and
a further year after the order
Expires
Hospital order under the mental health
Act
The period of the order and a
further 2 years after it expires
Cashiering, discharge with ignominy or
Dismissal with disgrace from the armed
Forces
10 years
Dismissal from the armed forces
7 years
Detention in HM service
5 years
Note (i) A sentence of more than 30months imprisonment can never become spent
(ii) A person under 17 years of age on the date of conviction should halve the
period shown in the right column.
COPY OF OLD POLICY
GUIDELINES TO THE RELEVANCE OF CONVICTIONS
GENERAL POLICY
1.
Each case will be decided on its own merits.
2.
A person with a current conviction for serious crime need not
be permanently barred from obtaining a licence but should
be expected to remain free of conviction for 3 to 5 years,
according to circumstances, before an application is
entertained. Some discretion may be appropriate if the
offence is isolated and there are mitigating circumstances.
However, the overriding consideration should be the
protection of the public.
3.
The following examples afford a general guide on the action
to be taken where convictions are admitted;
(a)
Minor Traffic Offences
Convictions for minor traffic offences, e.g. obstruction,
waiting in a restricted street, speeding etc., should not
prevent a person from proceeding with an application.
If sufficient points have been accrued to require a
period of disqualification of the applicant’s driving
licence then a hackney carriage/private hire vehicle
drivers licence may be granted after it restoration but a
warning should be issued as to future conduct.
(b)
Major traffic offences
An isolated conviction for reckless driving or driving
without due care and attention etc., should normally
merit a warning as to future driving and advice on the
standard expected of hackney carriage and private hire
drivers. More than one conviction for this type of
offence within the last two years should merit refusal
and no further application should be considered until a
period of 1 to 3 years free from convictions has
elapsed.
(c)
Drunkenness
(I)
with a motor vehicle
A serious view should be taken of convictions of driving
or being in charge of a vehicle while under the
influence of drink. An isolated incident should not
necessarily debar an applicant but strict warnings
should be given as to future behaviour. More than one
conviction for these offences should raise grave doubts
as to the applicant’s fitness to hold a licence. At least 3
years should elapse (after the restoration of the driving
licence) before an applicant is considered for a licence.
If there is any suggestion that the applicant is an
alcoholic, a special medical examination should be
arranged before the application is entertained. If the
applicant is found to be an alcoholic a period of 5 years
should elapse after treatment is complete before a
further licence application is considered.
(II) Not in a motor vehicle
An isolated conviction for drunkenness need not debar
an applicant from gaining a licence. However, a
number of convictions for drunkenness could indicate a
medical problem necessitating critical examination (see
(I) above) in some cases, a warning may be sufficient.
(d)
DRUGS
An applicant with a conviction for a drug related
offence should be required to show a period of at least
3 years free of convictions before an application is
entertained, or 5 years after detoxification treatment if
he/she was an addict.
(e)
INDECENCY OFFENCES
As hackney carriage and private hire vehicle drivers
often carry unaccompanied passengers, applicants
with convictions for indecent exposure, indecent
assault, importuning, or any of the more serious sexual
offences, should be refused until they can show a
substantial period (of at least 5 years) free of such
offences. More than one conviction of this kind should
preclude consideration for at least 10 years. In either
case if a licence is granted a strict warning as to future
conduct should be issued.
(f)
VIOLENCE
As hackney carriage and private hire drivers maintain
close contact with the public, a firm line should be
taken with applicants who have convictions for
grievous bodily harm, wounding, or assault. A least 3
years free of such convictions should be shown before
an application is entertained and even then a strict
warning should be administered.
(g)
DISHONESTY
Hackney Carriage and Private Hire Vehicle Drivers are
expected to be persons of trust. The widespread
practice of delivering unaccompanied property is
indicative of the trust that business people place in
drivers. Moreover, it is comparatively easy for a
dishonest driver to defraud the public by demanding
more than the legal fare etc. Overseas visitors can be
confused by the change in currency and become ‘fair
game’ for an unscrupulous driver. For these reasons a
serious view should be taken of any conviction
involving dishonesty. In general, a period of 3 to 5
years free of conviction should be required before
entertaining an application.