Hackney Carriage and Private Hire Licensing Policy

The sole purpose of Hackney carriage and private hire licensing is to protect the public. That is the only consideration the council can take into account when determining application for a licence, or whether to take action against an existing licence (suspend, revoke or refuse to renew).

Ideally, all those involved in the hackney carriage and private hire trades (hackney carriage and private hire drivers, hackney carriage and private hire vehicle owners and private hire operators) would be persons of the highest integrity. In many cases that is true, and the vast majority of those involved in these trades are decent, upstanding, honest and hard-working individuals. Unfortunately, as in any occupation or trade, there are those who fail to conform to those standards.

The purpose of this this policy is to lay down guidelines as to what Buckinghamshire Council regard as unacceptable previous conduct on the part of an applicant or licensee. This will then assist the council in determining whether a particular person is safe and suitable either to be granted a licence in the first place or to retain such a licence.

Drivers and operators cannot be granted a licence unless the authority is satisfied that they are a “fit and proper person” to hold that licence (see Local Government (Miscellaneous Provisions) Act 1976 ss 51 and 59 in respect of drivers; s55 in respect of operators).

There are no statutory criteria for vehicle licences, therefore the authority has an absolute discretion over whether to grant either a hackney carriage or private hire vehicle’s licence.

“Fit and proper” means that the individual (or in the case of a private hire operator’s licence, the limited company together with its directors and secretary, or all members of a partnership[1]) is “safe and suitable” to hold the licence. It is for the applicant or licensee to satisfy the Licensing Authority that they are a “fit and proper” person, not for the Licensing Authority to prove that they are not.

In determining safety and suitability the licensing authority is entitled to take into account all matters concerning that applicant or licensee. They are not simply concerned with that person’s behaviour whilst working in the hackney carriage or private hire trade. This consideration is far wider than simply criminal convictions or other evidence of unacceptable behaviour, and the entire character of the individual will be considered. This can include, but is not limited to, the individual’s attitude and temperament.

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[2]. Relevant fixed penalties and community resolutions will also be considered as criminal conduct.

It is important to recognise that 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, police decide on no further action (NFA), bailed, released under investigation or where an investigation is continuing) 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" will also include matters that on the balance of probability amount to criminal behaviour, but which have not resulted in a conviction. This may include Fixed Penalty Notices (FPNs) Penalty Notices for Disorder (PNDs) and community resolutions.

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.

In all cases, the licensing authority will consider the conviction or behaviour in question and what weight should be attached to it, and each and every case will be determined on its own merits, and in the light of these guidelines and taking legal advice where appropriate.

The Licensing Authority cannot consider the impact of losing (or not being granted) a driver’s licence on the applicant and their family when making decisions as to whether an individual is a “fit and proper” person. Reference: Leeds City Council v Hussain [2002] EWHC 1145 RTR 199 Admin Crt and Cherwell District Council v Anwar [2001] EWHC 2943 (Admin), [2012] RTR 15 Admin Crt

Any offences committed, or unacceptable behaviour reported whilst driving a hackney carriage or private hire vehicle, concerning the use of a hackney carriage or private hire vehicle, or in connection with an operator of a private hire vehicle will be viewed as aggravating features, and the fact that any other offences were not connected with the hackney carriage and private hire trades will not be seen as mitigating factors.

As the Council will be looking at the entirety of the individual, in many cases safety and suitability will not be determined by a specified period of time having elapsed following a conviction or the completion of a sentence. Time periods are relevant and weighty considerations, but they are not the only determining factor.

In addition to the nature of the offence or other behaviour, the quantity of matters and the period over which they were committed will also be considered. Patterns of repeated unacceptable or criminal behaviour are likely to cause greater concern than isolated occurrences as such patterns can demonstrate a propensity for such behaviour or offending.

Most applicants or licensees will have no convictions and that is clearly the ideal situation. In relation to other people, it is accepted that human beings do make mistakes and lapse in their conduct for a variety of reasons, and it is further accepted that many learn from experience and do not go on to commit further offences. Accordingly, in many cases an isolated conviction, especially if committed some time ago, may not prevent the grant or renewal of a licence.

It is also important to recognise that once a licence has been granted, there is a continuing requirement on the part of the licensee to maintain their safety and suitability. The council has powers to take action against the holder of all types of licence (driver’s, vehicle and operator’s) and it must be understood that any convictions or other actions on the part of the licensee which would have prevented them being granted a licence on initial application will lead to that licence being revoked.

Any dishonesty by any applicant or other person on the applicant’s behalf which is discovered to have occurred in any part of any application process (e.g. failure to declare convictions, false names or addresses, falsified references) will generally result in a licence being refused, or if already granted, revoked and may result in prosecution.

As the direct impact on the public varies depending upon the type of licence applied for or held, it is necessary to consider the impact of particular offences on those licences separately. However, there are some overriding considerations which will apply in all circumstances.

Generally, where a person has more than one conviction, this will raise serious questions about their safety and suitability. The licensing authority is looking for safe and suitable individuals, and once a pattern or trend of repeated offending is apparent, a licence will not be granted or renewed.

Where an applicant/licensee is convicted of an offence which is not detailed in this guidance, the licensing authority will take that conviction into account and use these guidelines as an indication of the approach that should be taken.

These guidelines do not replace the duty of the licensing authority to refuse to grant a licence where they are not satisfied that the applicant or licensee is a fit and proper person. Where a situation is not covered by these guidelines, the authority must consider the matter from first principles and determine the fitness and propriety of the individual.

When considering whether an applicant or licence holder is fit and proper to hold a licence the Council will consider the following question:

‘Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?’

(“Statutory Taxi and Private Hire Vehicle Standards”, Department for Transport ,July 2020)

If on the balance of probabilities, the answer to the question is ‘no’, the person concerned will not be permitted to hold a licence. An equivalent test will be applied when considering vehicle and operator licence holders.

The Council has to make difficult decisions but the safeguarding of the public is paramount. All decisions on the suitability of an applicant or licence holder will be made on the balance of probability. This means that an applicant or licence holder will not be ‘given the benefit of doubt’. If the Council is only “50/50” as to whether the applicant or licence holder is ‘fit and proper’, they will not be permitted to hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction.

[1] Section 57(2)(c) of the Local Government (Miscellaneous Provisions) Act 1976 allows a local authority to consider the character of a company director or secretary, or any partner.

[2] This is because a caution can only be imposed following an admission of guilt, which is equivalent to a guilty plea on prosecution.

As the Council issues dual licences (permitting licence holders to drive either a hackney carriage or private hire vehicle, referred to as a taxi driver’s licence) and the criteria for determining whether an individual should be granted or retain a hackney carriage driver’s licence are identical to the criteria for a private hire driver’s licence, the two are considered together.

A taxi driver has direct responsibility for the safety of their passengers, direct responsibility for the safety of other road users and significant control over passengers who are in the vehicle. As those passengers may be alone, and may also be vulnerable, any previous convictions or unacceptable behaviour will weigh heavily against a licence being granted or retained.

As stated above, where an applicant has more than one conviction showing a pattern or tendency irrespective of time since the convictions, serious consideration will need to be given as to whether they are a safe and suitable person.

In relation to single convictions, the following time periods should elapse following completion of the sentence (or the date of conviction if a fine was imposed) before a licence will be granted. For motoring offences see the paragraphs headed ‘Motoring Offences’ below.

As stated above, the categories of behaviours described below are introduced as “offences” which may or may not lead to convictions. Any such behaviours will be taken into account, whether or not it resulted in convictions or other sanctions.

A licence will not be granted to a person who is on any barred list.

Where an applicant or licence holder 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.

Where an applicant or licence holder has been convicted of a crime involving, related to, or has any connection with abuse, exploitation, use or treatment or criminal harassment of another individual irrespective of whether the victim or victims were adults or children, they will not be licensed.

This includes slavery, child sexual exploitation, grooming, psychological, emotional or financial abuse, stalking without violence but this is not an exhaustive list.

Violence includes situations where the victim is put in fear, alarm or distress without any physical contact. It is accepted that the concept of ‘violence’ is wide, but any such behaviour will be of concern. The licensing authority will determine whether there is any justification for departing from the following time period, dependant of the facts of a particular case.

Where an applicant has a conviction for an offence of violence, 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. Where the offence of violence was committed against a child or vulnerable adult a licence will never be granted.

Where an applicant has a conviction for a public order offence or similar that is not in itself an act of violence, a licence will not be granted for a period of 5 years.

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

Where an applicant has a conviction for any offence involving or connected with illegal sexual activity or any form of indecency, a licence will not be granted. This includes any sexual harassment.

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.

Where an applicant has a conviction for any offence of dishonesty, or any offence where dishonesty is an element of the offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Where an applicant has any conviction for, or related to drunkenness not in a motor vehicle, a licence will not be granted until at least 5 years have elapsed since the completion of the sentence imposed.

If the applicant has a number of convictions for drunkenness and or there are indications of a medical problem associated with possible abuse, misuse of, or dependence on alcohol, the applicant will also be subject to additional medical testing/assessment before an application is considered. If the applicant was found to be dependent on alcohol, a licence will not be granted unless at least 5 years have elapsed since the dependency ceased.

Where an applicant has any conviction for, or related to the production, import, trade in or 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 5 years have elapsed since the completion of any sentence imposed. In these circumstances, any applicant will also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs.

If there are indications that an applicant or licence holder has, or has had a history of, a medical problem associated with possible abuse, misuse or dependence of drugs, the applicant will also be subject to additional medical testing/assessment before the application is considered. If the applicant was found to be dependent on drugs, a licence will not be granted unless at least 5 years have elapsed since the dependency ceased.

Where an applicant has a conviction involving or connected with discrimination in any form, including non-compliance with the Equality Act 2010, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

This includes refusals to carry assistance dogs or to provide mobility assistance.

Regulatory crimes include local authority offences, licensing matters and other offences prosecuted by other authorities. It also includes matters relating to the administration of justice such as failing to surrender to bail, and other matters where regulations or requirements have been ignored or broken.

These offences demonstrate a lack of compliance with legal requirements which is a concern in relation to hackney carriage and private hire licence holders. Serious consideration is given to applicants with any such conviction.

Hackney carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public. Any motoring conviction can demonstrate a lack of professionalism and will be considered seriously. A single occurrence of a minor traffic offence may not prohibit the grant of a licence or result in action against an existing licence. Subsequent convictions suggest the fact that the licence holders may not take their professional responsibilities seriously and may therefore not be a safe and suitable person to be granted or retain a licence.

Where an applicant has a conviction for drink driving or driving under the influence of drugs or failing to provide a specimen in relation to a driving matter, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban imposed. In these circumstances, any applicant will also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs.

Research shows driving while using a handheld device is potentially more dangerous than driving under the influence of alcohol. Using an electronic device which is ‘hands free’ or ‘factory fitted’ does not constitute an offence on its own but drivers need to maintain proper control of the vehicle at all times. Any behaviour or activity other than driving may be considered an offence where control of the vehicle is compromised.

Where an applicant has a conviction for using a hand-held mobile telephone or a hand-held device whilst driving, a licence will not be granted until at least 5 years have elapsed since the conviction or completion of any sentence or driving ban imposed, whichever is the later.

Any offence which resulted in injury to any person or damage to any property (including vehicles), or any insurance offence then a licence will not be granted until at least 7 years has elapsed since the completion of any sentence.

This section addresses motoring offences not previously specified, for which DVLA penalty points are imposed and which may impact an applicant's suitability to hold a hackney carriage or private hire licence.

Penalty points applied to a DVLA driving licence remain active for either 3 or 10 years, which may be from the date of the offence or the date of the conviction depending on the offence as detailed on the gov.uk website, see “Penalty points (endorsements)”. They may be removed from the licence after 4 or 11 years. The action does not negate the offence that led to the points being imposed. Penalty points (and the underlying offence) will be relevant and taken into consideration for 4 to 11 years from the date of the conviction or the date of the offence depending on the type of offence.

Where an applicant has 7 or more points on their DVLA licence, a driver is demonstrating that they may not be fit and proper and the authority will need to assess their suitability.

Applicants/licence holders with 7 or more DVLA points will be required to take a driver awareness course and/or pass the Council’s approved driver assessment. For new applicants this will need to be provided on application. For existing licence holders, this will need to be completed within two months of the date of the notice issued by the Licensing Authority. Failure to do so, indicates that the individual is not fit and proper and will not be licensed until a period of 12 months has passed with no further convictions and has passed a driver assessment since the last conviction.

Should a driver accumulate 7 or more DVLA points, successfully complete the required assessments, and yet continue to accrue further points, their continued suitability to hold a licence will be subject to serious review by the licensing authority.

Any driver who has accumulated 12 or more points on their DVLA licence and has not been disqualified under the totting up procedure by a court as a result of making exception hardship arguments shall not be able to advance such arguments before the licensing authority as they are not a relevant consideration. Any such driver will not be licensed for a period of 5 years from the date of the accumulation of 12 or more points.

Any driver who has been disqualified as a result of “totting-up”, which erases the points when the licence is restored, will not be licensed for a period of 5 years from the date of the disqualification. Other disqualifications will need to be investigated, the reasons ascertained, and a decision will be based on the results of that investigation.

Drivers who commit parking, obstruction and other such motoring offences that do not attract penalty points are not displaying a professional approach to their work. Persistent offenders may be subject to enforcement sanctions.

Driver behaviours that fall short of criminal behaviour but are indicators of more sinister behaviour need to be addressed to safeguard the public and maintain confidence in the taxi trades and to stop unwanted behaviours before they evolve into criminal acts.

Such behaviours include

• Asking a passenger for their contact or social media details
• Asking personal or intimate questions
• Inappropriate physical contact with passengers or invade their personal space
• Inappropriate conversations, questions or behaviour

This is more important if the passenger is a lone vulnerable individual.

Drivers who are found to have engaged in inappropriate behaviour will face immediate and formal disciplinary action. Where deemed necessary this may include suspension of the licence and the driver concerned will be required to undertake further safeguarding training and will be explicitly informed of how their conduct may be interpreted by vulnerable passengers.

Should such behaviour be repeated, or if it is found to be predatory or poses a risk to public safety, the individual’s licence will be revoked, and they will be permanently barred from obtaining a licence in the future.

If we revoke your licence for persistent breaches of licence conditions, we will not usually grant another licence to you for at least 3 to 5 years from the date of revocation.

A private hire operator (“an operator”) does not have direct responsibility for the safety of passengers, other road users or direct contact with passengers who are in the private hire vehicle (except where they are also licensed as a private hire driver). However, in performing their duties they obtain and hold considerable amounts of personal and private information about their passengers which must be treated in confidence and not revealed to others, or used by the operator or their staff for criminal or other unacceptable purposes.

As stated above, where an applicant has more than one conviction, serious consideration will need to be given as to whether they are a safe and suitable person.

Operators must ensure that any staff that are used within the business (whether employees or independent contractors) and are able to access any information as described above are subject to the same standards as the operator themselves. This can be effected by means of the individual staff member being required by the operator to obtain a basic DBS certificate. If an operator is found not to be applying the required standards and using staff that do not meet the licensing authority’s overall criteria, that will lead to the operator’s licence being revoked.

As public trust and confidence in the overall safety and integrity of the private hire system is vital, the same standards will be applied to operators as those applied to drivers, except motoring offences to recognise the operator is not connected with the use of a vehicle, which are outlined above.

Vehicle proprietors (both hackney carriage and private hire) have two principal responsibilities.

Firstly, they must ensure that the vehicle is maintained to an acceptable standard at all times.

Secondly, they must ensure that the vehicle is not used for illegal or illicit purposes.

As stated above, where an applicant has more than one conviction, serious consideration will need to be given as to whether they are a safe and suitable person to be granted or retain a vehicle licence.

As public trust and confidence in the overall safety and integrity of the private hire system is vital, the same standards will be applied to proprietors as those applied to drivers, which are outlined above.