Guidelines for convictions

Policy statement on the licensing of ex-offender as hackney carriage or private hire drivers

As an organisation using the Criminal Records Bureau (CRB) disclosure service to assess applicants' suitability for positions of trust, Woking Borough Council's Taxi Licensing department complies fully with the CRB code of practice and undertakes to treat all applicants for licences fairly.

We have a written policy on the licensing of ex-offenders, entitle "Guidelines Relating to the Relevance of Convictions", which is made available to all disclosure applicants at the outset of the licensing process.

A disclosure is automatically requested for all applicants for a hackney carriage or private hire drivers licence. The enhanced level of disclosure is required. Existing licence holders must provide a new disclosure every three years.

When submitting an application for a licence to drive a hackney carriage or private hire vehicle an applicant is required to declare any convictions or cautions on the application form unless they are regarded as "spent" under the Rehabilitation of Offenders Act 1974. The information given will be treated in confidence and will only be taken into account in relation to the application.

We ensure that all those in the Taxi Licensing department who are involved in the licensing process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the licensing of ex-offenders.

At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the grant of a licence. Failure to reveal information that is directly relevant to the application could lead to refusal of the application.

We make every subject of a CRB disclosure aware of the existence of the CRB Code of Practice and make a copy available on request. We undertake to discuss any matter revealed in a disclosure with the person applying for the licence before refusal of the application.

Guidelines relating 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 three to five years, according to the circumstances, before an application is entertained. 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.

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 or private hire licence may be granted after its 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 standards 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 one to three years from convictions has elapsed.

(c) Drunkenness

(i) With motor vehicle

A serious view should be taken on convictions of driving or being in charge of a vehicle while under the influence of drink; the conviction of failure to provide a specimen of breath for a breath test, blood and/or urine will be treated in the same manner. An isolated incident should not necessarily debar an applicant permanently 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. In all cases at least five 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 five 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 five years free of convictions before an application is entertained, or five years after detoxification treatment if he/she was an addict.

(e) Indecency offences

As hackney carriage and private hire drivers often carry unaccompanied passengers, applicants with convictions for indecent exposure, indecent assault, importuning, or any of the more serious sexual offences will not normally be considered for the grant of a licence. In any event, applicants should be refused until they can show a substantial period (at least five years) free of such offences. More than one conviction of this kind should preclude consideration for at least five 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. At least five 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 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 five years free of conviction should be required before entertaining an application.