Review of Taxi and Private Hire Licensing Convictions Policy

Agenda Item No. 5

Licensing Committee - 19 January 2016

Review of Taxi and Private Hire Licensing Convictions Policy

Executive Summary

This report proposes a more comprehensive stand alone Policy which should be applied when making decisions as to the granting, suspension or revocation of driver licences.

This report enables us to look at the relevance of convictions and the character of the person in more detail in determination of the “fit and proper” element of the test as currently applied for drivers of Hackney Carriages and Private Hire vehicles. If agreed we would consult on the proposed changes in the determination and application of such matters.

Recommendations

The Committee is requested to:

RESOLVE That

(i)a draft Taxi and Private Hire Licensing Convictions Policybased upon the document attached as Annex A be published for the purposes of consultation; and

(ii)the results of that consultation be brought back to this Committee for further consideration.

The Committee has authority to determine the above recommendations.

Background Papers:

None

Reporting Person:

Joanne McIntosh, Solicitor

Ext. 3038, E Mail:

Contact Person:

Joanne McIntosh, Solicitor

Ext. 3038, E Mail:

Matthew Cobb, Licensing Officer

Ext. 3650, E Mail:

Date Published:

11 January 2016

1.0Introduction

1.1It is a matter of good practice to keep Council Policies under review and where necessary update them so as to better reflect the present need within the local area and national agenda. The present Policy has not been considered for some time. The recommendation, if adopted, would see a comprehensive review of the Policy and result in the production of a document which sets out clearly the process and options for decision making.

1.2The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure:

• that a person is a fit and proper person

• that the person does not pose a threat to the public

• that the public are safeguarded from dishonest person

• the safeguarding of children and young persons.

1.3The Council requires applicants and licenced drivers to provide information in respect of their health, driving record and criminal record. In addition to this, they must also undertake tests on their knowledge of the relevant law and the local area. All these elements are considered within the “fit and proper” test.

1.4The Local Government (Miscellaneous Provision) Act 1976 provides that a Licensing Authority must be satisfied that the applicant is a fit and proper person to hold a drivers licence. This has not been defined but in 1998 in the case of Mccool-v-Rushcliffe Borough Council Lord Bingham, Lord Chief Justice at that time, gave a very clear and concise definition of the test as follows;

“One must it seems to me approach this case bearing in mind the objectives of this licensing regime which is plainly intended among other things to ensure so far as possible that those licensed to drive private hire vehicles are suitable persons to do so, namely that they are safe drivers with good driving records and adequate experience ; sober, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers. “

1.5Taxis and private hire vehicles are by their very nature more likely than other methods of transport to be used by people who for one reason or another are vulnerable. Indeed a passenger may be in a taxi or private hire vehicle rather than another mode of transport precisely because they are young, elderly, have a disability or some other special need, have consumed alcohol, are in an unfamiliar place (perhaps a visitor from aboard who does not speak English, or understand our currency or likely fares) or because it is 3am or the destination is remote and isolated. For all of these reasons the trustworthiness of the driver isessential

1.6There have been a number of high profile incidents in recent years particularly around child protection issues and sexual attacks on women which suggest that we should revisit and review our present policy particularly around the issues of convictions and the character of applicants and licensed drivers.

1.7It should be noted that The Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) Order 2002, allows the licensing authority to take into account all convictions recorded against an applicant or the holder of a private hire vehicle or hackney carriage driver’s licence, whether spent or not. Therefore the licensing authority will have regard to all relevant convictions, particularly wherethere is a long history of offending or a recent pattern of repeat offending, when assessing safety and suitability. Enhanced Disclosure and Debarring Service (DBS) certificates are obtained by the authority in respect of a new applicant and these are renewed every 3 years.

1.8The licensing authority is also entitled to use other records and information that may be available to it in determining applications or an entitlement to continue holding a licence. This may include information held by the licensing authority or other licensing authorities, and informationdisclosed by the police under the Home Office scheme for reporting offences committed by notifiable occupations.

1.9The Local Government Association (LGA)has provided a draft policy. It is suggested that the content within this template will help to add greater clarity for both the person making a decision and for an applicant or licensed driver who has criminal convictions or allegations made against them.

1.10It is recommended that this draft policy, with amendments be released for consultation. Amendments have been made to the draft policy at Section 8, Sex and Indecency Offences, shown marked as tracked changes. It is proposed that the following offences which would, in the draft LGA policy, require an applicant to be free from conviction for at least 10 years be reclassified as an application will normally be refused:-

  • Sexual assault
  • Indecent assault
  • Possession of indecent photographs, child pornography etc.
  • Exploitation of prostitution
  • Trafficking for sexual exploitation
  • Or any sex or indecency offence that was committed in the course of employment as a taxi or PHV driver
  • Or any similar offences (including attempted or conspiracy to commit) offences which replace the above

It is further proposed that the following offences which would, in the draft LGA policy, require an applicant to be free from conviction for at least 3 years be reclassified to require an applicant to be free from conviction for at least 10 years:-

  • Indecent exposure
  • Soliciting (kerb crawling)
  • Or any similar offences (including attempted or conspiracy to commit) offences which replace the above

1.11Following recent high profile media coverage of cases in the North of England it is clear that a robust policy is needed to tackle such problems. The proposed amendments to the LGA draft policy reflect the current social climate and balance the rights of applicants against the safeguarding of members of the public who use the service. A more stringent approach is being taken by Council’s, examples of which are Guildford Borough Council who adopted a similar policy in 2015 and Bracknell Forest Council who currently has a similar policy out for consultation.

1.12The recommendation is therefore that officers release the draft policy attached at Annex A for consultation and bring it back to this committee with the results of that consultation together with a policy document for consideration and adoption.

1.13It is proposed to consult with the Taxi and Private Hire Trade for a period of 4 weeks following this Committee and then report back to the Committee on 22 March 2016.

1.14It should be noted that as an alternative approach the Council could continue to utilise the existing guidance but there will exist a higher risk of a successful challenge in the Courts directed at the suitability of the process the Council uses in its decision making process.

2.0Implications

Financial

2.1None.

Human Resource/Training and Development

2.2None.

Community Safety

2.3None.

Risk Management

2.4If the Council does not have a robust Policy in place then there is an increased risk of successful challenges in the Courts to decisions made by the Council.

Sustainability

2.5None.

Equalities

2.6None.

3.0Conclusions

3.1It is understood that the current policy is based upon a Home Office guidance issued in 1994. The recommendation, if adopted, would see a comprehensive review of the Policy and result in the production of a document which sets out clearly the process and options for decision making.

REPORT ENDS

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