Hackney carriage and private hire driver’s licences
The Council is reviewing its policy on the licensing of hackney carriage and private hire drivers. The purpose of the policy is to provide applicants and existing drivers with information on how to apply for a drivers licence and to outline our standards and criteria. Every application will be considered on its merits and the policy will assist the Council in determining applications.
The new draft policy can beviewed at
If you require a hard copy please contact us on0151 443 2300 or via email
A summary of the key changes to the existing policy is shown below.
Consultation
We welcome your views and opinions on the proposed policy and you can submit your views in writing in the following ways;
By email;
By post:; Knowsley Borough Council, Licensing Service, Environmental Health and Consumer Protection, 1st floor Municipal Buildings, Cherryfield Drive, Kirkby, Knowsley, L32 1TX.
By fax: 0151 443 5438
The consultation period ends at 5pm on Wednesday 10 March 2010. If you would like to discuss any of the proposed changes please contact Ian Rushton, Principal Licensing Officer on 0151 443 2300.
The Council will acknowledge (in writing or email) all responses received and each response will be considered on its merits.A record of all responses received will be available for inspection on request. The Licensing Committee will consider the policy and once it has been finalised and approved itwill be published on the Councils website.
Summary of key changes to the existing policy
A summary of the some of the key changes to the policy are set outbelow. Pleaserefer to the new draft policy for further details. Minor and grammatical changes are not listed.
Policy Review – Consultation Document
Holders of non-UK driving licences
The new policy (see paragraph 3 and Appendix A) has been updated to reflect legislation which states that driving licences issued by another country in the European Community (EC) or one of the other countries in the European Economic Area (EEA)are acceptable providing the applicant has held that licence for at least 12 months. It is proposed that holders of non-UK driving licences havean annual driving licence check with the DVLA, Swansea - this is because any motoring offences committed in this country by the holder of a non-UK driving licence cannot be endorsed onto a driving licence not issued in this country.
Disclosure and consideration of offences
The new policy (see paragraphs 4, 15 and 29) requires an applicant and existing drivers to disclose all convictions (including motoring convictions), spent convictions, cautions, Police warnings and reprimands, fixed penalties and anti-social behaviour orders (or similar). It is also proposed that applicants and existing drivers should disclose if they are on police bail pending the outcome of an investigation or if any criminal proceedings in the Magistrates or Crown Courts have started. Existing drivers will be required to disclose any of the above within 7 days.
Spent convictions and the Rehabilitation of Offenders Act 1974
The policy (see paragraphs 4, 15 and Appendix E) reiterates that the Council can take spent convictions into account when determining licence applications. Appendix E is a new addition to the policy and explains how the Council will decide which spent convictions will be taken into account. This is existing practice and has been added to the policy to provide clarity.
The application process
The policy (see paragraph 7) advises that criminal record bureau (CRB) and driving licence checks are valid for 60 days from their date of issue. If an applicant does not collect their licence within 60 days then they will require new checks which they will pay for. This paragraph also advises that checks will be carried out every three years although in particular circumstances the Council may require someone to have further checks. This is existing practice and has been built into the policy to provide clarity to applicants.
Certificates of good conduct
The policy (see paragraph 8 and Appendix A) has been updated to provide further information to applicants. An applicant who has lived in another country during the previous five years (from date of application) is required to obtain a certificate of good conduct. The existing policy requires a certificate regardless of how long an applicant has lived in this country which is considered unreasonable. Appendix A is a new addition to the policy which explains how to obtain a certificate of good conduct.
Driver training including the street knowledge test
The policy (see paragraph 9 and Appendix C) has been updated to provide clearer information on driver training and the street knowledge test. There is no proposed change in policy.
Motoring offences
The new policy proposes to divide motoring offences into four categories ranging from extremely serious offences (category A) to less serious miscellaneous offences(category D). A list of motoring offences together with their proposed category is shown at Appendix Bof the policy.
Some of the changes in respect of motoring offences include;
Offences involving loss of life – likely to refuse an application for five years from restoration of a driving licence or five years from completion of a custodial sentence (current policy says four years);
Driving under the influence of alcohol or drugs – likely to refuse an application for four years from restoration of a driving licence (current policy says three years after restoration of a driving licence);
Convictions for offences such as no insurance–likely to refuse an application for two years after conviction (current policy says four years);
Convictions for miscellaneous offences – an applicant will be referred to the Licensing Panel if they have 10 or more penalty points on their driving licence (the previous limit was seven points).
In general the new policy is stricter in respect of the more serious offences with a ‘lighter touch’ for other offences.
Drug offences
An application will generally be refused for 5 years after the offence or conviction (or completion of a custodial sentence). The existing policy says three years.
Sexual and indecency offences
The new policy states that any applicant with such an offence, regardless of when the offence was committed, will always be referred to the Licensing Panel, and an applicant with a sexual or indecency offence will normally be refused a licence. The current policy states that a period of at least five years must pass from such an offence, the new policy proposes a period of at least ten years must pass before an application would ever be considered favourably. It is also proposed that anyone on the sex offenders register will also be normally refused.
Violent offences
An applicant will generally be refused for five years after the offence or conviction (or completion of a custodial sentence). The existing policy says three years. The new policy proposes that an applicant will normally be refused following a conviction for an offence that involved loss of life.
Possession of an offensive weapon
The policy advises existing drivers that a very serious view will be taken if a licensed driver is found in possession of an offensive weapon when working as a driver.
Existing licence holders
The policy (see paragraph 30) advises that complaints made about existing licence holders will be taken into account according to the circumstances which may result in a driver being referred to the Licensing Panel. Likewise, a driver who is being investigated by the Police or facing criminal proceedings may also be referred to the Licensing Panel. This is existing practice and has been added into the new policy to clarify the position for drivers.
Renewal applications
The existing procedure is that if a licence expires then a new licence will be issued within 28 days but further CRB and driving licence checks are carried out at the driver’s expense. The driver can continue to drive whilst these checks are carried out.
The new policy reminds drivers that it is their responsibility to ensure that a licence is renewed on time before it expires. It states that a driver who continues to work without a licence may be prosecuted and may not be issued with any further licence. It is proposedthat a driver who applies to renew his licence late will be issued with a licence providing he or she applies within 28 days of the previous licence expiring. The licence will be issued subject to a condition requiring the driver to complete (if he or she hasn’t already) thedriver training course within 12 months. No CRB and driving licence checks would be required.
It is also proposed that a driver who allows their licence to expire for more than 28 days will be treated as a brand new applicant unless there are exceptional circumstances. Further CRB and driving licence checks will be required (and the necessary fees), and the driver must pass the driver training course (if they haven’t already done so) before a new licence will be issued. A new medical examination will also be required if the drivers previous medical is over 5 years old.