Appendix II: policy on convictions and criminal offence guidelines
The following statement is the policy of the Great Yarmouth Borough Council and will apply to all applicants for and holders of a Hackney Carriage and Private Hire Driver's licence:
- The public are entitled to have the utmost confidence in drivers of hackney carriage (taxis) and private hire vehicles. The Borough Council must ensure that only fit and proper persons obtain drivers' licences.
- As noted from the Institute of Licensing guidance this is reflected in the following test:
- without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of the day or night?
- In deciding whether an individual is a fit and proper person to be granted a drivers licence previous convictions and cautions are very relevant. For this reason, applicants for new licences must declare all previous convictions and cautions. Where an applicant has more than one conviction showing a pattern or tendency irrespective of time since the convictions, serious consideration will need to given as to whether they are a fit and proper person.
- Existing licence holders must inform the Borough Council, in writing, of any convictions and cautions they receive within seven days of receiving such.
- A formal written warning and the issue of penalty points may be given to an individual who has a conviction, or has been issued with a caution, when it is not considered appropriate to revoke or suspend his or her licence.
- If the Licensing Officer considers on a preliminary view that an application should be refused, or a licence revoked or suspended, the officer will arrange to see the individual so that the full facts can be ascertained. If, following the interview, the officer is still of the view that the application ought to be refused, or the licence revoked or suspended, the matter will be referred for consideration by the Licensing Committee. If a serious offence has been committed, the officer may revoke the licence or suspend the driver immediately. The individual will be notified of the time and date of the meeting and will be able to attend and speak. He/she will be entitled to be represented at the meeting by a friend, colleague or solicitor.
- If the Licensing Committee refuses an application, or revokes or suspends the licence, the individual has a right of appeal to the Magistrates' Court.
- It is an offence for any person knowingly or recklessly to make a false statement or to omit any material particular in giving information required by the applicant for a licence, punishable by up to seven (7) years imprisonment upon conviction. Applicants are therefore advised to make a full statement of all offences, (whether spent or not) on the relevant form.
- It is difficult to lay down precise guidelines as to when a conviction or caution will lead to an application being refused, or an existing licence being revoked or suspended. However, the following guidelines will hopefully be of assistance to applicants and licence holders alike. The following list is not exhaustive, and each case will be considered and decided on its own merits.
| Offence | Required standards |
|---|---|
| Crimes resulting in death or intention to cause death or serious injury of another person | Where an applicant has been convicted of a crime which resulted in the death of or serious injury to another person or was intended to cause the death or serious injury of another person they will not be licensed. This required standard also applies to existing licence holders on a review of their licence. |
| Exploitation | Where an applicant has been convicted of a crime involving, related to, or has any connection with the abuse or exploitation of another individual irrespective of whether the victim or victims were adults or children they will not be licensed. This required standard also applies to existing licence holders on a review of their licence. This includes slavery, child sexual abuse, exploitation, grooming, psychological, emotional or financial abuse, but this is not an exhaustive list. |
| Offences involving violence | Where an applicant has a conviction for an offence of violence against the person, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
| Possession of a weapon | Where an applicant has a conviction for possession of a weapon or any other weapon related offence, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
| Sexual offences | Where an applicant has a conviction for any offence involving or connected with illegal sexual activity, a licence will not be granted. In addition to the above, the licensing authority will not grant a licence to any applicant who is currently on the Sex Offenders Register or on any barred list. This required standard also applies to existing licence holders on a review of their licence. |
| Dishonesty | Where an applicant has a conviction for any offence where dishonesty is an element of the offence, a licence will note be granted until at least seven years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
| Drugs | Where an applicant has any conviction for, or related to, the supply of drugs, or possession with intent to supply or connected with possession with intent to supply, a licence will not be granted until at least ten years have elapsed since the competition of any sentence imposed. Where an applicant has a conviction for possession of drugs, or related to the possession of drugs, a licence will not be granted until at least five years have lapsed since the completion of any sentence imposed. In these circumstances, any applicant may also have to undergo drugs testing for a period at their own expense to demonstrate that they are not using controlled drugs. This required standard also applies to existing licence holders on a review of their licence. |
| Discrimination | Where an applicant has a conviction involving or connected with discrimination in any form, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
| Motoring Convictions and Offences | Hackney carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public. It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence may not prohibit the granting of a licence or may not result in action against an existing licence. A minor traffic or vehicle related offence is one which does not involve:
and has not resulted in injury to any person or damage to any property (including vehicles). Generally, no formal action will be taken unless the individual has seven or more points on their DVLA licence for minor traffic or similar offences. For applicants and existing licence holders that have more than seven points, each case will be treated on its own merits and may need to be reviewed by Licensing committee. In totting up cases where a period of disqualification is given, an applicant will normally be expected to show a period of 12 months free from conviction before their application will be considered. Existing licensees will have their licence reviewed. A major traffic or vehicle related offence is one which:
Where an applicant has a conviction for a major traffic offence or similar offence, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
| Drink driving or driving under the influence of drugs | Where an applicant has a conviction for drink driving or driving under the influence of drugs, a licence will not be granted until at least seven years have elapsed since the completion of any sentence or driving ban imposed. In the case of driving under the influence of drugs, any applicant may also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs. This required standard also applies to existing licence holders on a review of their licence. |
| Using a hand-held device whilst driving | Where an applicant has a conviction for using a held-hand mobile telephone or a hand-held device whilst driving, a licence will not be granted until at least five years have elapsed since the conviction or completion of any sentence or driving ban imposed, whichever is the later. This required standard also applies to existing licence holders on a review of their licence. |
| Hackney carriage and private hire offences | Where an applicant has a conviction for an offence concerned with or connected to hackney carriage or private hire activity (excluding vehicle use), a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
| Vehicle use offences | Where an applicant has a conviction for any offence which involved the use of a vehicle (including hackney carriages and private hire vehicles), a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed. This required standard also applies to existing licence holders on a review of their licence. |
Share this page
