Disclosure and Barring Service and DVLA Driver Record Procedure
Bassetlaw District Council (“the Council”) uses a third party, named Personnel Checks, to carry out the enhanced Disclosure and Barring Service check.
Checks for Drivers will be of Enhanced level
Checks for Private Hire Operators who are NOT licenced drivers they will be a basic check.
New applicants for Drivers Licence should visit the Personnel Checks website for further information on how to apply for the enhanced disclosure from the Disclosure and Barring Service.
Current licence holders who need to apply for enhanced disclosure to support an applicant will be contacted by Personnel Checks with a web link to enable them to apply for the disclosure from the Disclosure and Barring Service.
Payment for the enhanced disclosure will be made directly to Personnel Checks.
Drivers/applicants will be required to attend at a Crown Post Office to have their identification verified.
Once the verification process is complete Personnel Checks will carry out the checks with the Disclosure and Barring Service check, which includes checks with the Police. Once these are complete Personnel Checks notify the Council and the applicant/driver will be sent a printed disclosure certificate. The applicant/driver will be required to produce this certificate to the Council in support of their application. No licence will be issued without the Council having sight of the certificate.
Once a DBS certificate is received the applicant has period of 14 days to subscribe to the DBS update service. This costs considerably less than a new DBS check and allows the Council to carry out the check immediately provided the applicant has authorised the Council to do so as part of the application process.
It is now compulsory that all licensed drivers sign up to the Disclosure and Barring Service update service, the Council will require them to undergo a Disclosure and Barring Service enhanced disclosure every six months from the issue of the licence. If the driver fails to do this their licence may be suspended or revoked by the Council.
The DBS is not the only source of information that can be considered as part of a fit and proper assessment for the licensing of taxi and private hire vehicle drivers. Common Law Police Disclosure can ensure that where there is a public protection risk, the police will pass information to the employer or regulatory body to allow them to act swiftly to mitigate any danger.
Common Law Police Disclosure replaced the Notifiable Occupations Scheme (NOS) in March 2015 and focuses on providing timely and relevant information which might indicate a public protection risk. Information is passed on at arrest or charge, rather than on conviction which may be some time after, allowing any measures to mitigate risk to be put in place immediately.
This procedure provides robust safeguarding arrangements while ensuring only relevant information is passed on to employers or regulatory bodies.
Referrals to the Disclosure and Barring Service and the Police
In some circumstances it may be appropriate under the Safeguarding Vulnerable Groups Act 2006 for this authority to make referrals to the DBS. A decision to refuse or revoke a licence as the individual is thought to present a risk of harm to a child or vulnerable adult, shall be referred to the DBS.
The power for this licensing authority to make a referral in this context arises from the undertaking of a safeguarding role, and will include when it is thought that:
- an individual has harmed or poses a risk of harm to a child or vulnerable adult;
- an individual has satisfied the ‘harm test’; or
- received a caution or conviction for a relevant offence and;
- the person they are referring is, has or might in future be working in regulated activity;
If the above conditions are satisfied, the DBS may consider it appropriate for the person to be added to a barred list.
These referrals may result in the person being added to a barred list and enable other licensing authorities to consider this should further applications to other authorities be made.
When an enhanced disclosure is carried out the information provided will be used to conduct a check of the applicants/drives DVLA records to enable the Council to verify the details and status of the drivers/applicants driving licence, plus any endorsement history. This information will be used when the Council considers if applicants/driver is a fit and proper person to hold a licence.
The initial check of the DVLA record will be done simultaneously with the enhanced DBS check. Further checks of the drivers DVLA record need to be completed by the anniversary date of the licence, each year. The licence holder will be responsible for providing the Council with the relevant code to access their DVLA records.
When submitting an application for the grant or renewal of a combined Hackney Carriage/Private Hire Vehicle Licence, applicants are required to declare any convictions they may have.
For the purpose of these guidelines, simple and conditional cautions, reprimands, warnings, endorsable fixed penalties, and any other offences should be declared and shall be treated as convictions.
For convictions or fixed penalties for offences concerning the driving or keeping of a motor vehicle, relevant details are required for the five-year period preceding the date of the application.
For criminal offences, details are required in respect of ALL offences no matter how old.
Applicants should be aware that as a consequence of the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002, applicants for a licence are excluded from the provisions of the Rehabilitation of Offenders Act 1974 in relation to spent convictions.
The Council will, in all cases, verify an applicant’s identity and require a criminal record check (DBS) to be undertaken. Where the check reveals that the applicant has a record of convictions or cautions and warnings the Licensing Authority will consider:
- The nature and seriousness of offence
- When the offence was committed
- The age of the applicant when the offence was committed
- Any other factors which might be relevant
The Licensing Authority will seek intelligence and corroborate information provided within the applications forms from all ‘approved sources’ such as the Police, Statutory and non-Statutory Agencies, Social Services Alcohol and Drug Rehabilitation Units, Child Protection Agency, G. P’s. etc.
All convictions will be considered in line with the Council’s Policies and Guidelines for a Combined Hackney Carriage / Private Hire Vehicle Drivers Licences.
The applicant is required to inform the Licensing Authority of any charges, warnings, convictions etc. during the period the licence is held (within 7 days in writing). Failure to do so could result in the licence being reviewed.
Any Applicant refused a driver’s licence on the ground of previous criminal convictions will be informed in writing and given the opportunity to have that decision referred to a Licensing Panel for it to be re-considered.
If the applicant is refused a licence by the Licensing Committee on the grounds that he/she is not a fit and proper person to hold such licence he/she will be informed in writing and advised of his/her right of appeal to a Magistrates’ Court. Any appeal must be made within 21 days of being notified of the Council’s decision.
Last Updated on Wednesday, February 24, 2021