HC and PH Licensing Policy: Appendix A - L

Appendix A – Assessment of Previous Convictions

Convictions for attempt or conspiracy will be regarded as convictions for the substantive crime. A caution is regarded in exactly the same way as a conviction. Fixed penalties and community resolutions will also be considered in the same way as a conviction.

Matters which have not resulted in a criminal conviction (whether that is the result of an acquittal, a conviction being quashed, decision not to prosecute or an investigation which is continuing where the individual has been bailed) can and will be taken into account by the licensing authority. In addition, complaints where there was no police involvement will also be considered. Within this document, any reference to “conviction" may also include matters that amount to criminal behaviour, but which have not resulted in a conviction.

In the case of any new applicant who has been charged with any offence and is awaiting trial, the determination will be deferred until the trial has been completed or the charges withdrawn. Where an existing licensee is charged, it will be for the licensing authority to decide what action to take in the light of these guidelines.

Where a period is given below, it should be taken to be a minimum in considering whether a licence should be granted or renewed in most cases.

Crimes resulting in death.

Where an applicant or licensee has been convicted of a crime which resulted in the death of another person or was intended to cause the death or serious injury of another person they will not be licensed.

Exploitation.

Where an applicant or licensee has been convicted of a crime involving, related to, or has any connection with abuse, exploitation, use or treatment of another individual irrespective of whether the victim or victims were adults or children, they will not be licensed. This includes slavery, child sexual abuse, exploitation, grooming, psychological, emotional or financial abuse, but this is not an exhaustive list.

Offences involving violence against the person.

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.

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.

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.

Dishonesty.

Where an applicant has a conviction for any offence where dishonesty is an element of the offence, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed.

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 10 years have elapsed since the completion 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 elapsed 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.

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.

Motoring convictions.

Hackney Carriage and Private Hire drivers are professional drivers charged with the responsibility of carrying the public. Any motoring conviction demonstrates a lack of professionalism and will be considered seriously. It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the grant of a licence or may not result in action against an existing licence. Subsequent convictions reinforce the fact that the licensee does not take their professional responsibilities seriously and is therefore not a safe and suitable person to be granted or retain a licence.

A minor traffic or vehicle related offence is one which does not involve loss of life, driving under the influence of drink or drugs, driving whilst using a mobile phone, and has not resulted in injury to any person or damage to any property (including vehicles). Where an applicant has 7 or more points on their DVLA licence for minor traffic or similar offences, a licence will not be granted until at least 5 years have elapsed since the completion of any sentence imposed.

A major traffic or vehicle related offence is one which is not covered above and also any offence which resulted in injury to any person or damage to any property (including vehicles). It also includes driving without insurance, or any offence connected with motor insurance. Where an applicant has a conviction for a major traffic offence or similar offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Drink driving/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.

Using a hand-held device whilst driving.

Where an applicant has a conviction for using a held‐hand mobile telephone or a handheld 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.

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 (excluding vehicle use), a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

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 7 years have elapsed since the completion of any sentence imposed.

Revocation or refusal of a previous licence

Where an applicant has previously held a licence and was either refused or revoked, it will be for the licensing authority to decide what action to take in the light of the reason for the refusal or revocation.

Appendix B – Penalty Points Scheme

The penalty points system for recording non-compliance with Hackney Carriage or Private Hire requirements will operate as follows: -

Rochford Council's Enforcement Policies will be fully considered by the enforcing officer when determining the manner in which any breach of the legislation or the requirements of this policy are dealt with. Where it is decided that the use of penalty points is appropriate, they will be issued in accordance with the rate in the attached schedule.

Before penalty points are issued there must be sufficient evidence to prove the offence or breach of conditions.

Each case will be considered on its merits

When points are issued the proprietor or driver will be sent written confirmation within 10 working days. There is a right of appeal to the Head of Legal Services

Points issued remain live for a period of 2 years from date of issue. Points will be deleted after this two-year period.

The Appeals committee may take into account previous penalty points if a trend is identified or considered relevant by the members.

Any driver, proprietor or operator accumulating 12 points in a two-year period will be required to appear before a panel of the appeals committee.

When a driver, proprietor or operator is brought before the appeals committee, the panel may exercise one of the following options:

Suspend the licence;
Revoke the licence;
Issue written warning;
Extend the two-year period in which points remain live;
Take no further action.
Any other action the panel feels appropriate (including Penalty Points)

Any driver, operator or proprietor required to appear before the appeals committee having accumulated 12 points shall be entitled to make representations to the panel or be legally represented at the hearing.

Nothing in this penalty points system will stop the council from taking action under any appropriate legislation.

This penalty points system will be reviewed as necessary thereafter.

Appendix C- Agreed Medical Examination Providers

The following medical providers are approved by the Council to undertake a medical examination to the group 2 standards for licence holders and applicants.

The GP surgery at which the applicant /licence holder is registered.

Cotswold Medicals Ltd

Where any of the above options are not available, any medical provider with the written consent of the Council’s Licensing Manager.

Appendix D - Approved Safeguarding and Child Sexual Exploitation Awareness Training

The following courses and providers are approved by the Council to satisfy the licensing requirements for the Safeguarding and Child Sexual Exploitation Awareness Training licence holders and applicants.

Blue Lamp Trust Classroom based course
(in person or virtually using video conferencing facilities)

Appendix E - Approved Disability Awareness Training courses and providers

The following courses and providers are approved by the Council to satisfy the licensing requirements for the Disability Awareness Training.

Andrews Taxi’s (Southend) – 01702 200200

Dick Robinson - 07850 453117

Kinect Services – 01702 597995

Cabbietraining.co.uk – Wendy Clarke – 07739 320050

Appendix F - Approved Driving Assessors

The following providers are approved by the Council to satisfy the licensing requirements for the conducting a driving assessment on existing licence holders and new applicants.

Blue Lamp Trust – www.bluelamptrust.org.uk

Diamond Advanced Motoring – www.advancedmotoring.co.uk

Fleet & Corporate Training – 07956 321678 (based in Southend)

Appendix G – Approved Language Proficiency Assessment providers

We expect all licensed taxi and private hire drivers to have a sufficient command of the English language, so that they can communicate freely and clearly with passengers and officials, including in stressful and emergency situations. Drivers are also expected to be able to identify situations where there may be passenger safeguarding concerns and to possess sufficient communication skills to report those concerns. The ability to converse effectively in English also helps avoid job related misunderstandings such as wrong directions, fare disputes, collecting the wrong customer and misunderstanding a customer’s assistance needs. Applicants for private hire vehicle or hackney carriage drivers licences are therefore required to undertake an assessment of their communication skills, for which an additional fee will be payable.

Candidates who can demonstrate that they have previously completed an English-language qualification at a suitable level will be exempt from the additional assessment - see below for further details on previous qualifications.

Previous Qualifications

Candidates who can demonstrate (by producing the original certificate and/or examination transcript) that they have previously passed a relevant English-language qualification at a suitable level, which was assessed by a recognised and accredited qualification awarding body, will not be required to take the additional speaking and listening assessment.

It is not possible to provide an exhaustive list of all the qualifications that will be accepted - however, typical examples may include:

GCSE or GCE O-level (grade C or higher) or Scottish Intermediate 2
GCE A-level or Scottish Higher
NVQ, BTEC, City and Guilds or similar vocational qualification (level 2 or higher)
Higher education award (for example a degree, HND or HNC)
qualification equivalent to any of the above, issued by a recognised examining body in an English-speaking country other than the UK
a TOEFL, IELTS or ESOL qualification at CEFR level B2 or higher (or equivalent)

Technical or IT-related qualifications are unlikely to be acceptable for this purpose. We will be looking for qualifications which include a significant amount of verbal or written content in the English language.

If a candidate does not hold one of these qualifications, or cannot produce acceptable evidence of the qualification, they will be required to undertake the speaking and listening assessment.

It will consist of a conversation of up to 15 mins duration between the applicant and the nominated licensing officer, which will take place at the Rochford District Council offices or via electronic video conferencing and will be recorded. The applicant will be provided with their own copy of the recording of the conversation.

In all cases, the licensing team's decision as to whether to accept a qualification not listed above will be final.

Appendix H - Policy on the NR3 Database

Requests for information, disclosure of information, and use of information as a result of an entry on National Register of Refusals and Revocations (NR3)

In this policy, the ‘first authority’ refers to a licensing authority which made a specific entry onto the National Register of Refusals and Revocations; the ‘second authority’ refers to a licensing authority which is seeking more detailed information about the entry.

Overarching principles

This policy covers the use that this authority Rochford District Council will make of the ability to access and use information contained on the National Register of Taxi Licence Revocations and Refusals (NR3). The NR3 contains information relating to any refusal to grant, or revocation of, a taxi drivers’ licence. This information is important in the context of a subsequent application to another authority for a drivers’ licence by a person who has had their licence refused or revoked in the past.

This authority, Rochford District Council has signed up to the NR3. This means that when an application for a licensed drivers’ licence is refused, or when an existing drivers’ licence is revoked, that information will be placed upon the register.

When an application for a new drivers’ licence, or renewal of an existing drivers’ licence is received, this authority Rochford District Council will make a search of the NR3. The search will only be made by an officer who has been trained in the use of the NR3 and who is acting in accordance with this policy. If details are found that appear to relate to the applicant, a request will be made to the authority that entered that information for further details.

Any information that is received from any other authority in relation to an application will only be used in relation to that application, and the determination of it, and will not be used for any other purpose. Any data that is received will only be kept for as long as is necessary in relation to the determination of that application. This will include the period of processing that application, making a decision, notifying the applicant of the outcome of that decision, and the appeal processes.

For the avoidance of doubt, any such data will be kept for a period of no more than 35 days from the date of the service of the written notification of the determination of the application.

Where an appeal to the magistrates’ court is made, the data will be retained until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court, there is a further right of appeal to the Crown Court. In these circumstances, the data will be retained for a period of no more than 365 days from the date of the decision of the magistrates’ court. If an appeal is made to the Crown Court, the data will be retained until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court or the Crown Court, it is possible to appeal the decision by way of case stated. Accordingly, the data will be retained for a period of no more than 365 days from the date of the decision of the Crown Court (if the decision was made by the magistrates’ court, the retention period has already been addressed). If an appeal by way of case stated is made, the data will be retained until all court proceedings relating to that appeal by way of case stated (which will include potential appeals to the Court of Appeal and Supreme Court) have been determined.

Making a request for further information regarding an entry on NR3

When an application is made to this authority, Rochford District Council for the grant of a new, or renewal of, a licensed driver’s licence, this authority Rochford District Council will check the NR3.

This authority Rochford District Council will make and then retain a clear written record of every search that is made of the register. This will detail:

the date of the search;
the name or names searched;
the reason for the search (new application or renewal);
the results of the search; and
the use made of the results of the search (this information will be entered to the register at a later date).

This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years.

If this authority discovers any match (i.e. there is an entry in the register for the same name and identifying details) a request will be made to the authority that entered those details (the first authority) for further information about that entry. That request will also include details of this authority’s Rochford District Council data protection policy in relation to the use of any data that is obtained as a result of this process.

This request will be made in writing in accordance with the form attached to this policy.

It will be posted or emailed to the contact address of the authority that entered those details (the first authority) which will be detailed in the register.

Responding to a request made for further information regarding an entry on NR3

When this authority Rochford District Council receives a request for further information from another authority a clear written record will be made of the request having been received.

This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years.

This authority will then determine how to respond to the request. It is not lawful to simply provide information as a blanket response to every request.

We will conduct a Data Protection Impact Assessment. This will consider how the other authority (the second authority) will use the data, how it will store that data to prevent unauthorised disclosure, the retention period for that data, and the mechanism for erasure or destruction of the data at the end of that period. It is expected that if the second authority has adopted a policy similar to this, that should be a reasonably straightforward process.

If this authority is satisfied that the other authority’s (the 2nd authority) data protection procedures are satisfactory, consideration will then be given as to what information will be disclosed. This will be determined by an officer who has been trained to discharge this function.

Any disclosure must be considered and proportionate, taking into account the data subjects’ rights and the position and responsibilities of a taxi driver. Data is held on the NR3 register for a period of 25 years, but this authority Rochford District Council (the 1st authority) will not disclose information relating to every entry. Each application will be considered on its own merits.

This authority will disclose information relating to a revocation or refusal to grant a drivers’ licence in accordance with the timescales contained within the ‘Hackney Carriage and Private Hire Licensing Policy. Where the reason for a refusal to grant or a revocation relates to a conviction which is within the timescales determined in those guidelines, there is a presumption that the information will be disclosed.

Where the reason for a refusal to grant or a revocation relates to a conviction which is outside the timescales determined in those guidelines, there is a presumption against disclosure of the information. However in every case consideration will be given to the full circumstances of the decision and there may be occasions where information is provided or withheld otherwise than in accordance with the presumptions above.

Any information about convictions will be shared in accordance with this policy under part 2 of scheduled 1 to the Data Protection Act (DPA) 2018; that is, the processing is necessary for reasons of substantial public interest in connection with the exercise of a function conferred on the authority by an enactment or rule of law.

The officer will record what action was taken and why. This authority will make and then retain a clear written record of every decision that is made as a result of a request from another authority. This will detail:

the date the request was received
how the data protection impact assessment was conducted and its conclusions
the name or names searched
whether any information was provided
if information was provided, why it was provided (and details of any further advice obtained before the decision was made)
if information was not provided, why it was not provided (and details of any further advice obtained before the decision was made) and

how and when the decision (and any information) was communicated to the requesting authority. This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years

Using any information obtained as a result of a request to another authority

When Rochford District Council receives information as a result of a request that has been made to another authority, it will take that information into account when determining the application for the grant or renewal of a drivers’ licence. This will be in accordance with the usual process for determining applications contained in ‘Hackney Carriage and Private Hire Licensing Policy’.

Rochford District Council will make and then retain a clear written record of the use that is made of the results of the search (this information will be added to the register detailed above).

Information that is received may warrant significant weight being attached to it, but it will not be the sole basis for any decision that this authority Rochford District Council will make in relation to the application.

Appendix I - Knowledge Test

Rochford District Council have 2 Knowledge tests as part of the application process. The initial test is a multiple-choice electronic test consisting of 7 questions lasting for a maximum of 7 minutes.

Initial Test - Maths and English

An applicant will be required to know basic Maths and English. Must score 6 out of 7

The second Knowledge test is also a multiple-choice electronic test that is split into 5 sections and consists of up to 54 questions lasting for a maximum of 35 minutes.

Knowledge Test

Roads

An applicant will be required to know the roads at either end of a given road from any part of Rochford District Council area; it could be a main road, a through road or a minor road.

Hackney Carriage Applicants must score only 17 out of 18

Routes

An applicant is required to know how they would travel from a given road or location to another road or location using the shortest route keeping to roads in the district of Rochford.

Hackney Carriage Applicants must score only 4 out of 5

Places of Interest

You will need to identify the locations of pubs, clubs, hotels, restaurants, parks, public buildings and historic sites etc. in the Rochford District area. Good local knowledge is essential.

Hackney Carriage Applicants must score only 4 out of 5

Highway Code and Road Signs

Questions relate to things like speed limits, stopping distances, pedestrian crossings, parking and are similar to questions asked on the DVLA theory test

All Applicants must score only 15 out of 16

Conditions and Law

This section is based on the conditions applying to drivers both prior to being licensed and also once licensed. You will need a good understanding of these conditions and the restriction placed upon drivers

All Applicants must score only 18 out of 10

Appendix J – Scheme of Delegation

Circumstances can arise which require the Council to take emergency action, such as the receipt of an allegation of serious misconduct by a licence holder.

In these circumstances the Council’s constitution provides that in situations which arise between the Licensing and Appeals Committee or Executive meetings and require emergency action, which cannot reasonably await the next meeting, the Chief Executive, Assistant Director of Governance and Community Strategy or relevant Assistant Director, has authority to take such action in consultation with the Chair, Vice-Chair and Portfolio Holder of the Licensing and Appeals Committee (or with such of the latter as are available for consultation) or with the relevant Portfolio Holder and subject to a subsequent report to the next meeting of the Licensing and Appeals Committee.

The Assistant Director of People & Communities; the Principal Licensing Officer; Licensing Officers or member of the Licensing Sub-Committee can:

suspend the licence of a vehicle under section 60 of the Local Government (Miscellaneous Provisions) Act 1976 where the vehicle owner has failed to renew the certificate of compliance;
suspend vehicle licences under Section 68 of the Local Government (Miscellaneous Provisions) Act 1976 where he/she is not satisfied as to the fitness of the vehicle to be used as a hackney carriage or private hire vehicle;
suspend the licences of drivers under section 60 of the Local Government (Miscellaneous Provisions) Act 1976 where the driver’s medical certificate or DBS Disclosure has expired and no objections to the suspension have been received.