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Policy on Warnings, Offences, Cautions, and Convictions

Hackney Carriage & Private Hire Licensing 

Policy on Warnings, Offences, Cautions and Convictions Policy 

When assessing the suitability of new applicants and existing licensed drivers and operators, the Licensing Authority will be guided by our Hackney Carriage & Private Hire Licensing Policy click here to view Policy 

Within the Hackney Carriage & Private Hire Licensing Policy you will find our Warnings, Offences, Cautions and Convictions Policy. 

The Warnings, Offences, Cautions and Convictions Policy click here to view the Policy provides guidance to the Licensing Authority (and its Committee / Sub-Committee and/or authorised officers) on considerations when determining whether an applicant or an existing licence holder is a “fit and proper” person to hold / continue to hold a Hackney Carriage & Private Hire (Dual) Driver Licence or Private Hire Operator Licence. 

In assessing whether an individual is ‘fit and proper’ the Licensing Authority should, but is not limited to, consider the following, and take any other relevant information into account: 

  • Criminality – including convictions and cautions
  • Warnings, reprimands and fixed penalty notices
  • Human Rights
  • Driving History including period of holding a driver’s licence, number of endorsed driving licence penalty points and any other relevant information;
  • Right to Work in the United Kingdom
  • Testing – Medical fitness, driving ability and any other relevant testing;
  • The fitness and propriety of Private Hire Operators, ensuring the business is run in a safe and professional manner, having regard to management controls, compliance with the law and that drivers are properly monitored to ensure that they behave in an appropriate manner and comply with their duties and responsibilities, including the monitoring of drivers hours
  • The conduct of the applicant in making the application (e.g. whether they have acted with openness and integrity during the application process).
  • Licensing history of existing/former licence holders;
  • Complaints made against them to a Licensing Authority 

The Licensing Authority may (where appropriate) seek information from other agencies including, but not limited to, the Police, other Authorities including Children and Adult Safeguarding Boards and other statutory bodies. 

Applicants with previous cautions, convictions, and other concerns will not necessarily be precluded from being able to obtain a licence, and each case is considered on its individual merits. 

The Policy may be departed from, but in doing so, such a departure should be proportionate and justifiable in the circumstances.

 

Enforcement Procedures 

It is this Authority’s policy to deal with enforcement matters relating to an applicant or existing licence holders by means of Licensing Officers, the Director: Place & Communities, and the Courts.

 The expectation of the Authority is that any person who seeks the grant of a licence, or who holds a licence, meets with our definition of a “fit and proper” person. Licence holders maintain close contact with the public and are therefore not expected to behave or act in a manner that may: 

  • cause any person to take offence at their actions
  • cause any person to believe their actions are inappropriate
  • cause any person to fear of their physical safety
  • cause any person to doubt their integrity
  • brings in to disrepute the integrity of the Council for having granted such a person a licence
  • fail to adhere to the conditions and regulations pertaining to the licence 

Any complaints or enforcement measures are dealt with in the first instance by the Licensing Officers by way of a “Warning” system. It is hoped that should enforcement actions be taken, that the licence holder becomes better acquainted with the rules and regulations pertaining to his / her vocation, so as to not be the subject of future enforcement actions. 

Any failures on the part of an applicant or existing licence holder to uphold the Licensing Objectives or to adhere to the conditions and regulations pertaining to the licence may result in any of the following actions: 

  • the issue of a Warning (appropriate to the incident reported)
  • the issue of a higher level of Warning (appropriate to the incident reported and having regard to the history of the licence holder)
  • the request for an interview to be held in accordance with the Police and Criminal Evidence Act 1984
  • the issue of a Formal Caution
  • the suspension or revocation of the licence
  • the referral of the matter to a Sub-Committee Hearing
  • the referral of the matter to the Legal department for possible prosecution 

The Licensing Team carry out regular compliance checks on drivers, vehicles and operators both during the daytime, and at nights and weekends. 

The purposes of these compliance checks are: 

  • to promote a professional and respected local taxi and private hire trade
  • to promote public confidence in the local taxi and private hire trade
  • to ensure that the standards expected by the Council are consistently adhered to
  • to build familiarity between the Trade and the Licensing Officers in order to develop a mutually beneficial relationship to promotes the needs of the public, the Trade, and the transformation of the Ashfield District. 

Should you have received poor service from one of our licensed drivers or operators, or travelled in a vehicle that you have concerns about, please contact us to report your concerns.