Safeguarding, Suitability and Convictions Policy for Taxi Licensing

This section of the guidelines lists offence types and details the impact which these or similar offences will have on an application for a licence to drive a private hire or hackney carriage where convictions or cautions are disclosed:

A) Offences of dishonesty

The Council takes a serious view of any convictions involving dishonesty. In general, an applicant with convictions for dishonesty which is less than 5 years of the conviction date, is unlikely to be granted a licence, but in all cases would be referred to a hearing for determination.

In particular, an application will normally be refused where the applicant has a conviction for an offence listed below and the conviction is less than 3-5 years prior to the date of the application. Between 3 and 5 years after conviction, or release from prison (whichever is the most recent), regard will be made to the circumstances of the offence and any evidence demonstrating that the person is now a fit and proper person to hold a licence.

• burglary
•  benefit fraud (including offences under ss.111A and 112 of the Social Security Administration Act 1992)
• blackmail
• bribery
• conspiracy to defraud
• forgery (e.g. producing false insurance policy)
• fraud
• handling or receiving stolen goods
• obtaining money or property by deception
• theft
• offence of possession of goods with false trade mark for sale or hire-Trade Marks Act 1994
• other deception
• similar offences
• offences which replace any of the above offences.

Justification

Drivers of private hire and hackney carriage vehicles 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.

Passengers may include especially vulnerable people and children.

Members of the public entrust themselves to the care of drivers both for their own safety and for fair dealing. In certain situations drivers will know that a property is empty whilst the occupants are away on holiday for a set period of time after taking them to the airport or railway station.

The widespread practice of delivering unaccompanied property is indicative of the trust that businesses put into drivers.

b) Violence

Convictions for violence are amongst the most serious of all criminal offences.

Offences of violence against children and young people

Drivers of private hire and hackney carriage vehicle are often entrusted with the transportation of children and young persons who are particularly vulnerable whilst in the care of the driver.

An extremely serious view will be taken where an applicant has been convicted of any offence of violence involving a child (under 14 years of age) or a young person (aged 14 to 17 years) and, in order to afford an appropriate degree of protection to children and young people, an applicant will be required to provide substantial evidence of rehabilitation before the Council will be satisfied that the applicant passes the 'fit and proper' test.

All applicants with such convictions will be referred to a hearing for determination of the application. A conviction less than 5 years old will generally be refused. Between 5 and 10 years after conviction, or release from prison (whichever is the most recent), regard will be made to the circumstances of the offence and any evidence demonstrating that the person is now a fit and proper person to hold a licence.

Where the commission of an offence involved the loss of life, a licence will normally be refused.

Offences against adults

Private hire and hackney carriage vehicle drivers maintain close contact with the people from all parts of the community and the Council takes the view that law abiding citizens should not be exposed to a risk of violence by placing them in a vehicle driven by a person with a history of criminal violence. The elderly and infirm, the vulnerable, lone females and people who are the worse for wear through drink are all at particular risk from a driver with a tendency to resort to violence.

Where the commission of an offence involved the loss of life, a licence will normally be refused.

All applicants with such convictions will be referred to a hearing for determination of the application. A conviction less than 3 years old will generally be refused.

Offence types

Convictions falling into the most serious group offences of violence involving the loss of life is likely to result in outright refusal of an application; e.g.

(i) murder
(ii) manslaughter
(iii) culpable homicide
(iv) Similar offences
(v) Offences which replace the above offences

Applicants with one or more convictions for very serious violence should expect the application to be refused until a period of at least 10 years has elapsed from the date of the last offence or their release from prison (whichever is most recent); e.g.

• arson
• malicious wounding or grievous bodily harm (s.20 Offences Against the Person Act 1861)
• actual bodily harm (s.47 Offences Against the Person Act 1861)
• which is racially aggravated (s.29(1)(b) Crime and Disorder Act 1998)
• grievous bodily harm with intent (s.18 Offences Against the Person Act 1861)
• grievous bodily harm with intent (s.20 Offences Against the Person Act 1861)
• robbery
• possession of firearm
• riot
• kidnap
• assault Police
• common assault which is racially aggravated (s.29(1)(c) Crime and Disorder Act 1998)
• violent disorder
• resisting arrest
• similar offences
• offences which replace the above offences

Applicants with one or more convictions for serious violence should expect the application to be refused until a period of at least 5 years has elapsed from the date of conviction or their release from prison (whichever is most recent), including:

• racially-aggravated criminal damage (s.30 Crime and Disorder Act 1998)
• fear of provocation of violence which is racially-aggravated (s.4 Public Order Act 1986) or (s.31(1)(a) Crime and Disorder Act 1998)
• intentional harassment, alarm or distress which is racially-aggravated (s.4A Public Order Act 1986 offence) or (s.31(1)(b) Crime and Disorder Act 1998)
• harassment which is racially-aggravated (s.2 Protection from Harassment Act 1997) or (s.32(1)(a) Crime and Disorder Act 1998)
• putting people in fear of violence which is racially-aggravated (s.4 Protection from Harassment Act 1997) or (s.32(1)(b) Crime and Disorder Act 1998)
• harassment, alarm or distress which is racially-aggravated (s.5 Public Order Act 1986) (s.31(1)(c) Crime and Disorder Act 1998)
• similar offences
• offences which replace the above offences

Applicants with one or more convictions for other offences of violence should expect the application to be refused until a period of at least 3 years has elapsed from the date of conviction or their release from prison (whichever is most recent), including:

• common assault
• assault occasioning actual bodily harm (s.47 Offences Against the Person Act)
• affray
• battery
• harassment, alarm or distress (S5 Public Order Act 1986 offence)
• fear of provocation of violence (s.4 Public Order Act 1986 offence)
• intentional harassment, alarm or distress (s4A Public Order Act 1986 offence)
• obstruction
• possession of offensive weapon
• criminal damage
• similar offences
• offences which replace the above offences

Justification

Members of the public and in particular, the elderly, infirm and children or vulnerable adults entrust their personal safety to private hire and hackney carriage drivers whenever they take a journey.

Passengers often travel alone and are vulnerable to physical attack etc.

Users of private hire and hackney carriage vehicles have a right to expect that drivers are not individuals with a predisposition towards or a propensity for violent behaviour at any level.

c) Drugs

Supply of drugs - An application will normally be refused where the applicant has a conviction for an offence related to the supply of drugs and the conviction is less than 5 to10 years prior to the date of application or their release from prison (whichever is most recent). Between 5 and 10 years, consideration will be given to the circumstances of the offence and any evidence demonstrating that the individual is now a fit and proper person to hold a licence.

Possession of drugs - An application will normally be refused where the applicant has more than one conviction for offences related to the possession of drugs and the convictions are less than 5 years prior to the date of the application.

An application from an individual who has an isolated conviction for an offence related to the possession of drugs within the last 3 to 5 years will require careful consideration of the facts.

Addiction - If any applicant has been classified as an 'addict' they will be required to show evidence of at least 5 years free from drug taking following rehabilitation/detoxification treatment supported by their doctor.

Justification

The use of drugs has a tendency to make people unpredictable, unreliable and sometimes violent. Driving whilst under the influence of drugs is illegal and dangerous not only to the driver, but also to passengers and other road users.

In addition, private hire and hackney carriage drivers are in a position where they could quite easily become involved in the transportation and/or supply of drugs by the very nature of the activity. This would clearly be undesirable.

Members of the public have a right to expect that those persons who are granted licences to transport them are not drug users or involved in the supply of drugs.

d) Sexual and indecency offences

Sex Offenders' Register - Any applicant currently on the sex offenders' register should expect an application to be refused.

Offences against Children and Young Persons - Where an applicant has been convicted of a sexual offence involving a child or young person they should expect the application to be refused.

Other Offences - Applicants with a conviction for rape, indecent assault, or other similar offences or similar offences under the Sexual Offences Act 2003, will normally be refused a licence.

Applicants will normally be refused a licence if they have a conviction relating to sexual offences until they can show a substantial period (normally 10 years) free from any such conviction or their release from prison (whichever is most recent). Between 5 and 10 years following conviction or their release from prison (whichever is most recent), regard will be had to the circumstances of the offence and any evidence demonstrating that such an individual is now a fit and proper person to hold a licence, including:

• importuning
• indecent exposure
• soliciting
• other similar offences or offences under the Sexual Offences Act 2003 when the provisions of that Act come into force

The Council may also consider such circumstances that, if they occurred at the time of the consideration of the application, would not be a criminal offence.

Intelligence and other information which has not resulted in a criminal conviction- The Council will sometimes be made aware of other intelligence or low level information about an individual which has not resulted in the conviction of that person but is relevant in relation to their character. The Council will give appropriate consideration to this information and will seek to consult with other appropriate agencies in order to ensure that they have a comprehensive understanding. Where appropriate, the Council will investigate such information/ intelligence. Any additional information gathered through the investigation process may then be taken into account at any subsequent hearing.

Justification

Drivers of private hire and hackney carriage vehicles are in a position of trust and frequently transport children, young people, vulnerable adults or lone female passengers (who are sometimes drunk etc.). They are often alone with the passenger and are in complete control of the vehicle and the journey and any risk that the driver may sexually assault, attack or interfere with a passenger must be eliminated by refusing a licence.

e) Drunkeness

With a motor vehicle (no disqualification) - An application will normally be refused where the applicant has a conviction, which has not resulted in disqualification by the courts, for an offence which has occurred within 2 years of the date of the application.

Where there is more than one conviction for this type of offence within the last five years, the application is unlikely to be successful

With a motor vehicle (disqualification) - Where a disqualification has occurred as a result of a drink-driving conviction, at least 5 years free from conviction should normally elapse from the date of the restoration of the DVLA licence before an applicant is considered for a licence.

Where there is more than one conviction for this type of offence within the last ten years, the application is unlikely to be successful

Not in a motor vehicle - An isolated conviction associated with drunkenness need not automatically prevent an applicant from gaining a licence. In some cases, a warning may be appropriate.

More than one conviction associated with drunkenness could indicate a behavioural problem or 'dependency' necessitating critical examination and refusal of a licence.

Dependency and Alcoholism - Where there is any possibility of dependency or alcoholism a recent medical report from the applicant's Doctor will be required and an applicant will normally be required to show a that period of at least 5 years has elapsed after completion of rehabilitation/detoxification treatment where they were alcoholic.

Justification

A serious view will be taken of convictions of driving or being in charge of a vehicle while under the influence of drink.

Driving whilst under the influence of drink is unacceptable under any circumstances and puts not only the driver, but passengers and other road users at risk. Such irresponsible behaviour is not conducive to properly observing the responsibilities of a private hire or hackney carriage driver.

Other criminal behaviour involving drunkenness, such as being 'drunk and disorderly' also tends to suggest that an applicant does not have the appropriate temperament for the role.