Hackney carriage and private hire policy - Appendix B

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 Baring 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 Licenced should visit:

https://www.personnelchecks.co.uk/taxis/bassetlaw-district-council/ for further information on how to apply for the enhanced disclosure from the Disclosure and Baring 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 Baring Service.

Payment for the enhanced disclosure will be made directly to Personnel Checks

Drivers/applicants will be required to attend at a Crown Post Officer to have their identification verified.

Once the verification process is complete Personnel Checks will carry out the checks with the Disclosure and Baring 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 that a new DBS check and allows the Council to carry out the check immediately provide the applicant has authorised the Council to do so as part of the application process.

If an applicant has failed/refused to sign up to the Disclosure and Baring Service update service, the Council will require them to undergo a Disclosure and Baring Service enhanced disclosure annually on the anniversary of the grant of the licence. If the driver fails to do this their licence may be suspended or revoked by the Council.

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 Councilconsiders 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.

Declaration

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 reconsidered.

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 Tuesday, April 21, 2020