Convictions Criteria Taxi and Private Hire Licensing - Leeds City Council
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Convictions Criteria Taxi and Private Hire Licensing
Contents
Introduction 3
Background Information – explaining the policy 3
What is a conviction? 4
Category 1 5
Sexual Offences – explanatory note 5
Category 2 6
Drug crime – organised crime, supply 6
Drugs – personal misuse 6
Category 3 – Racially or religiously aggravated crime
and repeat drug abuse 7
Hate crime statistics 7
Category 4 8
Category 5 8
Youth Justice Court sentences 8
Rehabilitation of Offenders Act 8
Category 6 – Offences against specific licensing legislation 9
Plying for Hire 9
Other decision making considerations
Failure to report the licensing authority 9
Acting as a licensed driver – increased tariff 10
Frequently Asked Questions 10
Driving Convictions 15
Points Tables
Indecency table 18
Violence table 20
Dishonesty table 23
Drugs 25
Racially Motivated Offences 26
Motoring offences covered under minor motoring convictions 27
Offences covered under major motoring convictions 28
Offences for driving a motor vehicle under the influence of drink or drugs 28
Offences where a licence would normally be refused or a current licence suspended or revoked 29
2Introduction
In England (outside London), Hackney carriage and private hire licences are issued by local Councils
to control the safe operation of Hackney carriage and private hire vehicles being used for hire or
reward. There is national legislation dealing with all of the types of licences issued in this area.
In addition to the national legislation, local Councils can create additional proportionate requirements
prior to the granting of a licence. These requirements may also exist during the lifetime of a licence.
The Council can also place conditions on licences which the licence holder must comply with. Copies
of these conditions are available on the Leeds City Council website and are readily available upon
request from the Taxi and Private Hire Licensing Section. The conditions, and any exemptions to
them, are also included in the licence issued to an individual or a business.
The Convictions Criteria policy, was approved by Elected Councillors of Leeds City Council’s Licensing
Committee following public and trade consultation.
In Leeds, licensing and enforcement matters are dealt with by the Taxi and Private Hire Licensing
Section where Officers are authorised to carry out the functions of the policy on behalf of the Licensing
Committee.
Background Information – explaining the policy
Before granting a personal licence the Council has a statutory obligation to ensure the applicant is a ‘fit
and proper’ person. That requirement remains with the Council throughout the lifetime of a licence
and at the point of renewal.
Crime and safety are issues of national and local importance and Leeds City council has adopted the
essence of partnership working and expresses its values as follows:
The Safer Leeds Partnership is our vision for people to be able to live without fear for their own safety,
or the safety of others. Our overall aim is to secure sustainable reductions in crime and disorder, and
to address fear of crime in the Leeds district.
Additionally,
Leeds City Council has both a moral and legal obligation to ensure the duty of care for both children
and vulnerable adults across all of its services. This cannot be achieved by any single service or
agency. Safeguarding is ultimately the responsibility of all of us and depends on the everyday
vigilance of staff who play a part in the lives of children or vulnerable adults.
Personal safety and professional standards of service remain a primary concern for the people of
Leeds who must have trust in the licensed driver, whether travelling alone as a young woman, as an
adult who may have a disability or one of a wide range of passengers who need and expect
professional standards from the driver.
Similarly, the public must have trust in the Council’s licensing policy which has to contribute to the
prevention of crime and the safeguarding of children and vulnerable adults which is a major priority of
the Council.
3Decision making needs to be justified, proportionate and consistent.
The convictions criteria categorises the types of crime and driving convictions and is a key part
of the ‘fit and proper’ person assessment . It describes and tries to assess the potential risk to
the public and to the Council and give fair notice to potential applicants and existing licence
holders of the possible consequences of being convicted or cautioned by any agency for the
offences described in the criteria.
It is not an exhaustive list of convictions and parallels may be drawn from other offences not
included in the criteria but which have similar strands or elements of those crimes identified in
the criteria.
The convictions criteria is based upon;
• The public expectation of safety and the control of risk with the most serious types of crime
and sexual offending (particularly category 1)
• Reducing the risk potentially caused by serious criminal offending (particularly category 2)
• The Council demonstrating its commitment to dealing with race/ religious hate crime,
gender/ sexual orientation and disability offending (category 3)
• Recognition of the opportunities for criminals by being licensed (particularly category 4)
• The need for the Council to contribute to crime partnerships and safety groups to reduce the
risk of crime (category 5)
• The Councils’ obligations to Safeguard Children and vulnerable adults
• Significant new types of criminal networks being more embedded in society
• Sentencing powers of Courts increasing in some areas, recognising the relevance and
seriousness of types of offending
• The need to refresh and update the policy to today’s environment
• Recognising that some types of crime have undertaken such criminal pre-planning that
having trust and being able to professionally interact with individuals (licence holders or
applicants) in a licensing environment is barely viable
What is a conviction?
In essence convictions and cautions are similar in respect of culpability, evidence and
admission of guilt.
The Council can consider not just convictions and cautions but also other outcomes of actions
taken by the Police, other agencies and the Civil Courts when taking account of public safety or
drawing parallels between findings in the civil courts and offences identified in this convictions
criteria. Similarly the Council may consider information disclosed to it at the discretion of Chief
Constables even though it may not amount to a criminal conviction .
Reference to convictions in this policy should be understood to include cautions, all forms of
fixed penalty notices and restrictive type orders. The range of outcomes within this paragraph
which might be considered may change with legislation but the Council may still consider any
order or finding and other civil court findings of culpability.
Whichever way a finding of criminal responsibility, or other matter described in the preceding
paragraph is recorded against an individual, the policy will allow discretion to be exercised in
appropriate cases by the decision maker who may apply appropriate weighting to individual
cases.
4Category 1 – The most serious types of crime often with sentences of life imprisonment.
For example: Murder manslaughter, grievous bodily harm/ wounding, section 18 OAP Act
kidnapping, false imprisonment, arson and convictions around sexual offending.
It would be only the most exceptional of circumstances that the grant of a licence would be
considered for any of these types of convictions.
The minimum period of time to have elapsed would generally be 10 years from the date of
conviction, final release or the end date of a suspended prison sentence. This would normally
be the minimum period and there may be circumstances where the Council would continue to
resist an application. It would be only in the most exceptional of circumstances that the grant
of a licence would be considered for those types of convictions outside of the convictions
criteria rehabilitation period.
Sexual Offences – explanatory note
The Councils obligation is to safeguarding children and vulnerable adults and how potential
access to the vulnerable can be gained as a licence holder through the Councils transport
contracts. The current issues around trafficking of women, grooming children, paedophilia and
sexual exploitation are critical issues which may present a very real threat within a licensing
environment where trust is paramount.
Private hire or Hackney carriage work is not included in The Safeguarding Vulnerable Groups
Act 2006 and although important information may be held, it might not be disclosed by the
relevant bodies which include the Disclosure and Barring Service. This can present difficulties
in the decision making process. There might be information which indicates that an event has
occurred which resulted in an individual being barred from working with such groups but no
detail of the circumstances of that event being supplied to the local Authority.
Where a person is barred from working with children or vulnerable adults the onus to provide
all background information and the responsibility to provide additional information to satisfy
the Council rests firmly with the applicant.
It would be only in the most exceptional of circumstances that a licence would be granted
when such a barring from ‘controlled or regulated activity’ is in place.
5Category 2 – High level serious criminal offences usually associated with violence or high
value crime.
For example, drugs supply/ production, aggravated burglary, robbery, aggravated vehicle
taking (causing death), blackmail and any other offence of dishonesty capable of attracting a
term of imprisonment exceeding 10 years.
These are the next most serious types of crime for which significant custodial sentences are
available, and importantly to the Council, those which present significant risk to people or their
property.
The minimum period of time to have elapsed would be 8 years from the date of conviction,
final release or end date of a suspended prison sentence. This would normally be the
minimum period and there may be circumstances where the Council would continue to resist
an application. It would be only in the most exceptional of circumstances that the grant of a
licence would be considered for those types of convictions outside of the convictions criteria
rehabilitation period.
Drugs crime – organised crime, supply
When the Local Government (Miscellaneous Provisions) Act 1976 was created it did not
define drugs as one of the three recognised types of conviction, most probably on the basis
that criminal activity of organised crime gangs were not on the radar to the extent they are
today and the issues around drug misuse were not as prevalent or as relevant to the licensed
trades.
Drugs crime is a major feature of organised crime gangs and there is evidence to show that
such organised criminal activity exists in areas of West Yorkshire and that licensed
drivers have been involved in the ferrying of drugs, suppliers and drug users to ‘supply points’.
The previous convictions criteria recognised the dangers to an extent relevant at that time but
again, time has moved on and Members felt that the safeguarding issues and public safety
sanction level should be set at a higher point. The basis is that trafficking of drugs now has
an established association with the licensed trades and its consequential effects on the City’s
communities, the image of the city and the trades should be addressed within the licensing
safety policy.
A licensed taxi or private hire driver is an ideal courier for such activity, either in isolation or
with affiliations to organised crime. The personal use of drugs is an event that can overlap
into drivers working time and Members feel that such risks should be minimised by these
control measures on drug misuse.
Drugs – personal misuse
In respect of ‘possession of a controlled drug’ there are two decision points; where there is an
existing conviction for unlawful possession of a controlled drug the period of rehabilitation
would fall in line with the Category 3 offences on the basis that those who have a history of
drug abuse are more sympathetic to others unlawful use and allows a more appropriate
period of time to demonstrate ‘distance’ from drugs.
It sends out a clear message that drugs use by licensed drivers are not an acceptable mix and
that the Council recognises the dangers of association between those who might be
associated with illegal drugs activity and the dangers of driving under the influence of drugs.
6Officers regularly see applications with two or more convictions for unlawful possession of
drugs on Disclosure and Barring Service disclosures and additional safeguards are built into
the policy as set out below;
Where there are two convictions for such an offence on a disclosure, the policy has been
further strengthened to reduce the risk to public safety by including a medical drugs test
requirement prior to the approval of an application and at random times during the life time of a
licence, at the licence holders expense and in a manner prescribed by the Council. This would
amount to not much more than three occasions in a rolling 12 months period and would cease
after 5 years from the date of last conviction.
Where there is a third conviction for drugs possession the last conviction be regarded as
escalating the public safety risk to a category 2 matter from the date of last conviction and the
timescales from that category are adopted.
Category 3 – Racially or religiously aggravated crime and repeat drug abuse
Some offences across a range of criminal convictions attract stronger sentences when the
offence is racially motivated or the act is intended to stir up racial hatred or where there is
possession of racially inflammable material. Without minimising any crime of that nature, this
category deals with the most serious crime in that offending profile. The minimum period of
time to have elapsed would be 6 years from the date of conviction, final release or end of a
suspended prison sentence. It would be only in the most exceptional of circumstances that the
grant of a licence would be considered for those types of convictions outside of the convictions
criteria rehabilitation period.
Hate crime statistics
In September 2012, the Home Office published statistics on hate crimes recorded by the police
in England and Wales for the first time. In 2011 to 2012, 43,748 hate crimes were recorded by
the police. That rose to 52,528 in 2014 to 2015.
2011/12 Type of hate crime 2014/15
35,816 (82%) race hate crimes 42,930 (82%)
1,621 (4%) religion hate crimes 3,254 (6%)
4,252 (10%) sexual orientation hate 5,597 (11%)
crimes
1,744 (4%) disability hate crimes 2,508 (5%)
315 (1%) transgender hate crimes 605 (1%)
7Category 4 – High risk dishonesty crime to the public and the Council in granting/ holding a licence.
For example: burglary dwelling, handling stolen goods, theft as employee, Perverting the course of
justice, Perjury, Aggravated vehicle taking, those offences created by the Fraud Act of 2006 on the
basis of the deliberate and planned elements of dishonesty, fraudulent use of motor vehicle
documents or false declarations to obtain such.
The types of crime here are those which employment as a licensed driver would present very real
opportunities for offending and are considered to be of substantial risk to the public or the Council, or
being able to have effective working relationships or trust with an individual.
The minimum period of time to have elapsed would be 5 years from the date of conviction, final
release or end of suspended prison sentence. This would normally be the minimum period and there
may be circumstances where the Council would continue to resist an application. It would be only in
the most exceptional of circumstances that the grant of a licence would be considered for those types
of convictions outside of the convictions criteria rehabilitation period.
Category 5 – General offences of dishonesty and violence and aggravating features of ‘hate crime’.
For example; General cases of theft, ‘shoplifting’, stealing from motor vehicle, obtain money by
deception, going equipped for crime, taking vehicle without consent/ being carried on or in. The
inclusion of the racially aggravated public order offence is a significant upgrade from a 'points only'
matter in the previous policy to a category 5 offence and is justified when one considers the benefits
to community cohesion and the wide range of customer nationalities and religious beliefs.
Those general crimes contained within the Theft Act 1968, and Theft Act1978 along with those crimes
associated with benefit fraud indicate the minimum period of time to have elapsed would be 3 years
from the date of conviction, final release or end date of a suspended prison sentence.
Where there are other offences that have a ‘Hate Crime’ aggravating feature they will attract a longer
period of rehabilitation in terms of this convictions criteria and move to a category 3 type of offence.
‘Hate Crimes’ are defined as any crimes that are targeted at a person because of hostility or
prejudice towards that person’s disability, race or ethnicity, religion or belief, sexual orientation,
transgender identity.
Explanatory Notes:
All of the above categories include attempts, incitement, aid and abet, counsel or procure or
conspiracy to commit such an individual offence which can attract the same penalty.
Youth Justice Court sentences
Where a sentence imposed upon a child or young person is restricted by virtue of their age the policy
will take account of the sentence that could have been imposed upon them as an adult. However, it
is not intended to defeat the intentions of the Courts powers of sentencing of children and young
persons in respect of lower level crime (category 5) and those matters will be weighted accordingly
by discretion being appropriately applied.
Rehabilitation of Offenders Act
In making public safety licensing decisions the Council is except from the Rehabilitation of Offenders
Act. The Secretary of State made this exemption because of the necessity to put public safety as the
first consideration and to enable a local authority to take a much wider view of the applicant over a
longer timescale.
However, the timescales in the Act may be used to assist decision makers, applicants and licence
holders make informed decisions under the category of ‘Driving Convictions’ for certain types of
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offences.Category 6 - Offences against the specific licensing legislation
There are many offences created by the Taxi and Private Hire legislation and these may be
prosecuted through the courts or dealt with in some other way. Where this policy does not
specifically highlight such an offence the Council may still choose to use the ‘fit and proper’ person
assessment in individual cases.
Plying for Hire
Although this offence falls within category 6 because of its prevalence and the dangers created, a
specific policy was created to deal with this issue which is explained below.
In March 2007, the Taxi and Private Hire Licensing Section introduced a Plying for Hire policy. This
aims to clearly set out the consequences to licensed drivers, in terms of suspension or revocation of
their private hire drivers licence, where plying for hire offences are revealed.
Key Points of the Policy:
• Where a licensed driver is found to be plying for hire, with evidence which supports a criminal
prosecution, or Home Office Caution, that the driver will normally be suspended and immediate
consideration given to the revocation of the licence
• Where a drivers licence has been successfully revoked or not renewed, that driver will,
normally, not be granted a further licence by this Council for one year.
• Where there is an existing conviction or formal Home Office Caution for this type of offence,
wherever it occurred, when an application for a new licence is received, the applicant will
normally not be granted a licence for a year following the date of conviction or caution.
• In the event of a second such incident, the driver or applicant would not normally have a
licence granted for three years following the date of conviction or caution.
• In every instance however, each case would be considered on its own merits
Other decision making considerations
Failure to report to the licensing authority
The decision making framework can to some extent be de-stabilised by those licensed drivers who
do not report convictions in line with the condition upon their licence or make a false declaration at
the time of renewal.
Convictions that are not disclosed in line with the conditions upon a licence, or where a false
declaration is made at the time of application or renewal, will be treated as a breach of the policy.
Such deceit at the point of application may also amount to a criminal offence.
9Acting as a licensed driver – increased tariff Where an offence identified in the previous categories was committed whilst in a licensed vehicle or in the course of carrying out a service illegally or legally, this would be considered an aggravating factor and the conviction criteria rehabilitation period would attract an additional rehabilitation period of 50%. Where the Council is successful in defending a licensing decision to refuse an application, revoke or refuse to renew a licence or suspend where the information on which the decision was based can be appropriately linked to one of the categories of crime explained in this policy, it would then attract the same rehabilitation period as that substantial offence. In all other instances or in cases of doubt that part of the Local Government (Miscellaneous Provisions) Act 1976 ‘any other reasonable cause’ should be used. For example, a licensed driver is investigated following a passenger complaint of ‘sexual touching’ (regardless of whether the Police prosecute) and the courts uphold the Council decision to suspend, revoke, refuse to renew or refuse an application then that finding would place the person in the same category of the ‘convictions criteria’ as would the conviction for that offence. Frequently Asked Questions I’m interested in becoming a Private Hire driver but I have a criminal conviction; can I still apply? A points criteria system is used to ensure that decisions are made on hard criteria and are both consistent and fair in arriving at the decision. The objective of the system is to define a ‘fit and proper person’ and to ensure that you, the applicant, fulfil the requirement of being a fit and proper person before a licence is issued. All applicants will be considered on their individual merits however the system incorporates the following criteria: • (i) Date of conviction • (ii) Type of offence • (iii) Sentence imposed The criteria use 9 points as the maximum number of points you can hold in order to obtain a licence. If you demonstrate 10 or more points your application may be refused but decision makers will consider each case and each element of the disclosure information on its own merit and if entirely satisfied, may use discretion and move away from the policy. If you are the subject of current criminal investigations and/ or currently being prosecuted for criminal offences, your application will be dealt with on the basis that you could be convicted of the offence and the convictions criteria policy may be applied. If you do not have a conviction then the points system will not form part of your application process but in deciding whether you are ‘fit and proper’, the Council may consider any other relevant information provided to it by external agencies, previous licensing history or other information it thinks appropriate to take into account. Even though a conviction or convictions might not be within the timescales set out in the convictions criteria, the Council may also consider the overall effect of those convictions along with other 10 information in terms of volume, repeat offending or criminal association or proximity to crime and consider the potential to revert to committing crime within a licensed environment.
Offences of failing to adhere to Court orders will also be considered as potential areas of concern
in addition to the actual offence, in determining whether or not a licence should be granted. The
Council has to be pragmatic and consider how it can constrain adverse licensing behaviour if an
individual has paid little regard to Court orders.
Decisions are taken on the ‘balance of probabilities’ which is the civil court’s context and not
‘beyond reasonable doubt’ which is the case in the criminal courts.
A refusal of an application will be given in writing, detailing the reason for the refusal and
informing you of your right to appeal against the decision to the Magistrate’s Court in accordance
with the provisions of the Local Government (Miscellaneous Provisions) Act 1976. Decisions
taken to suspend, revoke, refuse to renew, personal or business licences will be undertaken in
the same manner.
In the event of an appeal against a Council decision to suspend, refuse to grant, revoke or refuse
to renew a licence the Council will seek costs against you if it is successful in the court hearing.
What is a conviction for the purpose of these criteria?
A conviction is commonly understood to mean the final disposal of a case after someone has
either been found guilty or pleaded guilty to an offence (but please see the earlier explanatory
notes defining the term ‘conviction’ for the purposes of this policy).
So, for example, if someone steals some goods on 3 March 2015, is charged by the police and
pleads guilty at Court on 6 August 2015, he will have one conviction of theft recorded against him.
The date of conviction would be 6 August 2015 and the offence date would be 3 March 2015.
What happens if I have been convicted of more than one similar matter on the same date
(the offences occurring on the same or different dates)?
Strictly speaking, each separate conviction could be looked at separately under the criteria.
However, for the purposes of these criteria, the most serious conviction only will be taken into
account.
For example:
Offence of theft of goods committed on 3 March 2015
Offence of theft of goods committed on 6 March 2015
Offence of theft of goods committed on 2 April 2015
All the above dealt with by the Court on 6 August 2015. Although strictly speaking these are
separate convictions, for the purpose of interpreting these criteria, they will be regarded as one
conviction of theft.
11What if I have been convicted of several offences of different seriousness on the same date -
which one(s) will be taken into account?
If someone is convicted of several matters on the same day, for example, three dishonesty matters,
two being shoplifting and one being burglary, then the most serious of the three - the burglary offence -
will be taken into account.
What if I have been convicted of different types of offences on the same day?
If the offences are distinct from each other and do not obviously arise out of the same set of
circumstances, they will be treated as separate convictions for the purpose of the criteria.
For example, if someone is convicted on 6 August 2015 of;
Two offences of shoplifting on 3 March 2015
One offence of criminal damage on 4 March 2015
One offence of supplying drugs on 5 March 2015
One offence of robbery on 2 April 2015
Then the convictions to be taken into account will be the more serious offence of robbery (being more
serious than the other dishonest offences of shoplifting). The drug conviction and the criminal damage
conviction will also be taken into account.
What if I had a series of convictions over many years but have not reached the 10 points
threshold?
The Council may take into account these convictions under ‘any other reasonable cause’ and decide
not to grant a licence after considering the nature of the offences (see earlier expanded explanation).
What if I have been charged with an offence but am not successfully prosecuted?
The Council may take into account all of the circumstances surrounding the allegation under ‘any other
reasonable cause’ and decide not to grant a licence after considering the nature of the allegations.
I am a foreign national and my conviction is not described in the ‘Convictions Criteria’?
The Council will consider the circumstances of the conviction and may draw parallels, either in total or
by elements, from the offence for which you were convicted compared to those offences which are
identified in this criteria.
In any other circumstances the Council may consider any other information and use it to form a
proportionate ‘fit and proper’ person assessment.
Notwithstanding the reference to the ‘points system’, decision makers are not constrained by this
policy from taking a broader view of all of a person’s convictions and assessing the collective
occasions under a wider ‘fit and proper’ person assessment.
12What powers does the Council have to renew, suspend and revoke a licence?
Under the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976,
a district council may suspend, revoke or refuse to renew the licence of a Hackney Carriage or
Private Hire driver or Proprietor and/ or vehicle, on any of the following grounds:
Specific legislation
That since the grant of the licence:
i. The driver has been convicted of an offence involving dishonesty, indecency or
violence
ii. Been convicted of an offence under or has failed to comply with the provisions of
the Act of 1847 of this Part of this Act
iii. Any other reasonable cause.
Again, under the provisions of Section 62 of the Act, a district council may suspend, revoke or
refuse to renew an Operators’ licence on any of the following grounds:
i. Any offence under or non-compliance with, the provisions of this part of this Act
ii. Any conduct on the part of the Operator which appears to the district council to
render him unfit to hold an Operators licence
iii. Any material change since the licence was granted in any of the circumstances of
the operator on the basis which the licence was granted
iv. Any other reasonable cause.
Where a specific power exists to require applicants (which includes the point of renewal of a
licence) to submit information as in Section 57 Local Government (Miscellaneous Provisions) Act
1976 for example or where an Authorised Officer or Constable is obstructed when acting in the
pursuance of their duty under Section 73 Local Government (Miscellaneous Provisions) Act 1976.
Can the Council consider any other issues?
Yes, legislation allows the Council to place conditions on licences and also to consider a much
wider range of events under ‘any other reasonable cause’. This means that you do not necessarily
have to be convicted of an offence but the Council may still make decisions which affect your
licence. For example;
Conditions on licences
The Council may also attach conditions to a licence and failure to comply with those conditions
could lead to the suspension of a licence and ultimately its revocation.
Failure to report
It can be the case that the criminal offence in question is out of the convictions criteria timeframe
by the time it is uncovered. By being dishonest the licence holder has evaded the best intentions
of the policy and in such circumstances the ‘start date’ would become effective from the date the
Council first became aware of the conviction (Please see ‘Other decision making considerations’).
Public safety and training requirements
In addition to general conditions the Council may require licence holders to undertake appropriate
training during the lifetime of the licence. If there is a failure to comply with a training requirement
or other proportionate requirement the Council may suspend, revoke or refuse to renew that
licence.
13Byelaws
Byelaws are an important part of the public safety service and integrity expectations of the trade.
The Council may consider non-compliance with the Byelaws in part or in whole as part of a ‘fit and
proper’ person assessment or ‘any other reasonable cause’.
In addition, the points system will be used to define if someone is a fit and proper person to hold a
licence. If a licence holder were to accrue sufficient points during the currency of his/ her licence
by being convicted of offences to warrant suspension, revocation, or non- renewal, of their
licence(s) then the points criteria can be construed to be ‘any other reasonable cause’ when
proportionately assessed and weighted.
14Driving Convictions
Background to the policy
Road safety is a major priority to the Council and it has changed its previous policy from being
solely time based in respect of suspensions, revocations or a refusal to grant to one which places
responsibility on the applicant or the licensed driver to improve their driver skills and demonstrate a
commitment to passenger and public safety.
I’m interested in becoming a Private Hire driver but I have a motoring conviction; can I still
apply?
Motoring convictions are treated differently in the criteria dependant on the conviction(s) disclosed
on your DVLA licence and they are broken into four groups. You will need to carefully consider
where your personal circumstances fit with this part of the ‘convictions criteria’ before you apply for
a licence.
Minor Road Traffic Offences:
Convictions for minor traffic offences (identified in Table 1) should not prevent you from proceeding
with an application or holding a licence. However, if the number of current points on your DVLA
licence exceeds 12 points then your application will be refused or the current licence suspended or
revoked. A further application will not be approved until the DVLA licence demonstrates that the
number of current points on the licence is below 13 points.
Major Road Traffic Offences:
An isolated conviction for major traffic offences (identified in Table 2) should not prevent you from
proceeding with an application or holding a licence. However, if more than one conviction for an
offence under this heading is shown to be current on the DVLA licence, then an application would
normally be refused or the current licence suspended or revoked, until an accreditation has been
awarded under the advance driver assessment scheme. A third such issue conviction would
require that a licence would not normally be granted or should be suspended until only one such
matter remains on the DVLA licence.
(Those offences In Table 2 identified as MS80 and MS90 would not be subject to the ‘Advanced
Driver’ assessment.)
Driving a Motor Vehicle under the Influence of Drink or Drugs:
A serious view is taken of convictions of driving or being in charge of a vehicle while under the
influence of drink or drugs, (identified in Table 3). An application with one conviction on the DVLA
licence under this category will be accepted providing a 12 months period has elapsed since the
restoration of his DVLA licence. More than one conviction of this type and the application will be
refused until such time as one of the convictions has been removed under the Rehabilitation of
Offenders period.
Significant serious motoring offences
An application received which details one of the following offences on the DVLA licence; CD40,
CD50, CD60, CD70, CD80, CD90, DD10, DD40, DD60, DD70, DD90 (identified in Table 4) may be
refused or a current licence suspended or revoked. Any further application may not be approved
until such time as that conviction is removed under the Rehabilitation of Offenders period. Other
15
offences covered in this section will be treated under the dishonesty/ violence category as detailed
in the Criminal Convictions section.Totting Up
When disqualified from driving under the ‘totting up’ procedures, a compulsory or discretionary
period of disqualification, the licence will remain suspended until the driver has achieved a pass in
a ‘driving life skills’ training with a nationally recognised and accredited driving assessment
programme.
Where a licence shows 12 points or more but no disqualification was imposed because of
‘exceptional hardship’; the requirement to undertake ‘driving life skills’ development and be
successful will apply and must be achieved within 3 months of the Court decision or the private
hire driver licence should be suspended and not restored or renewed (in the event of a subsequent
new application) until successful in a ‘driving life skills’ programme with a nationally recognised and
accredited driving assessment programme.
NB: This policy applies to all new applications and to those currently licensed since the adoption of
the policy.
Second period of disqualification
If there is a second period of disqualification, the licence would normally be revoked and not
considered again for a minimum period of 12 months from the end of the disqualification period.
There is a requirement for the driver to undertake a ‘driving life skills’ training with a nationally
recognised and accredited driving assessment programme.
Private hire driver licence is revoked and not considered for renewal for a minimum period of 12
months from the end of the disqualification period and a requirement to undertake ‘driving life skills’
training with a nationally recognised and accredited driving assessment programme.
Third period of disqualification
Where there is a third period of disqualification, the licence would normally be revoked and not
considered again for a minimum period of 3 years from the end of the disqualification period.
There is a requirement to undertake a ‘driving life skills’ training with a nationally recognised and
accredited driving assessment programme.
Types of second convictions live on DVLA licence
Where there is a second conviction of using a motor vehicle with defective brakes (CV10),
defective tyres (CU30), defective steering (CU40), using a mobile phone whilst driving (CU80), no
insurance (IN10) active on the DVLA licence (or a combination of these categories), the licence
should be refused, suspended or revoked and not restored until the number of active occasions for
those types of offence has reduced to one or less.
16Specific convictions about personal health
Where there is a conviction for driving after making a false declaration about fitness (LC30), driving
a vehicle having failed to notify a disability (LC40), driving after a licence has been revoked or
refused on medical grounds (LC50), driving with uncorrected defective eyesight (MS70), driving
while disqualified by order of court (BA10) which occurred whilst a licensed driver it may be
regarded as high risk to public safety and immediate suspension should be considered until all
safety issues have been resolved and in any other case consideration should be given to
revocation.
Where there is a second conviction for these types of ‘health’ offences immediately above or any
failure to comply with any reasonable request from an Authorised Officer of the Council in respect
of their enquiries into the matters consideration should be given to the immediate suspension of
the licence, its revocation, or a refusal to renew.
Failure to report a disqualification
It may be the case that the disqualification period in question is now out of this part of driving
convictions criteria timeframe by the time it is uncovered. By being dishonest the licence holder
has evaded the best intentions of the policy and in such circumstances the ‘start date’ for the
application of this part of the policy would become effective from the date the Council first became
aware of the period of disqualification (Please see ‘Other decision making considerations’ earlier in
this policy).
Failure to report such a disqualification would normally result in the driver licence being suspended
or revoked and the period of suspension or revocation would not normally be less than would have
been effective if the disqualification had been properly reported to the Council. A licence would not
normally be granted or a suspension lifted until the completion of a ‘driving life skills’ training with a
nationally recognised and accredited driving assessment programme.
Where false declarations have been made at the time of application or renewal, these may also be
considered under the ‘fit and proper’ person assessment.
17Indecency table 18
Indecency table Continued 19
Violence table 20
Violence table Continued 21
Violence table Continued 22
Dishonesty table 23
Dishonesty table 24
Drugs table 25
Racially motivated Offences 26
Table 1 - Offences covered under minor motoring convictions
AC10 Failing to stop after an accident
AC20 Failing to give particulars or report an accident within 24 hours.
AC30 Undefined accident offence
CU10 Using vehicle with defective brakes.
CU20 Causing or likely to cause danger by reason of use of unsuitable vehicle or using a vehicle with
parts or accessories (excluding brakes, steering or tyres) in a dangerous condition.
CU30 Using a vehicle with defective tyres.
CU40 Using a vehicle with defective steering.
CU50 Causing or likely to cause danger by reason of load or passengers.
CU80 Breach of requirements as to control of a vehicle, mobile telephone etc
LC10 Driving without a licence.
MS10 Leaving a vehicle in a dangerous position.
MS20 Unlawful pillion riding.
MS30 Playstreet Offences.
MS40 Driving with uncorrected defective eyesight or refusing to submit to a test.
MS60 Offences not covered by other codes.
MS70 Driving with uncorrected defective eyesight.
MS80 Refusing to submit to an eyesight test.
MW10 Contravention of Special Road Regulations (excluding speed limits).
PC10 Undefined Contravention of Pedestrian Crossing Regulations.
PC20 Contravention of Pedestrian Crossing Regulations with moving vehicle.
PC30 Contravention of Pedestrian Crossing Regulations with stationary vehicle.
PL10 Driving without ‘L’ plates.
PL20 Not accompanied by a qualified person.
PL30 Carrying a person not qualified.
PL40 Drawing an unauthorised trailer.
PL50 Undefined failure to comply with conditions of a Provisional Licence.
SP10 Exceeding goods vehicle speed limit.
SP20 Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles).
SP30 Exceeding statutory speed limit on a public road
SP40 Exceeding passenger vehicle speed limit.
SP50 Exceeding speed limit on a motorway.
SP60 Undefined speed limit offence.
TS10 Failing to comply with traffic light signals.
TS20 Failing to comply with double white lines.
TS30 Failing to comply with a ‘Stop’ sign.
TS40 Failing to comply with direction of a constable or traffic warden.
TS50 Failing to comply with traffic sign (excluding ‘Stop’ sign, traffic lights or double white lines).
TS60 Failing to comply with school crossing patrol sign.
TS70 Undefined failure to comply with a traffic direction or sign.
27Table 2 - Offences covered under major motoring convictions
CD10 Driving without due care and attention.
CD20 Driving without reasonable consideration for other road users.
CD30 Driving without due care and attention or without reasonable consideration for other road
users.
CU10 As second offence on DVLA licence
CU20 As second offence on DVLA licence
CU30 As second offence on DVLA licence
CU40 As second offence on DVLA licence
CU50 As second offence on DVLA licence
CU80 As second offence on DVLA licence
IN10 Using a vehicle uninsured against third party risks.
BA10 Driving while disqualified by order of Court.
BA30 Attempt to drive while disqualified as under age.
MS50 Motor racing on Highway
MS80 Refusing to submit to an eyesight test *
MS90 Failure to give information as to identity of driver*
* These offences would not be subject to the ‘Advanced Driver’ assessment
Table 3 - Offences for driving a motor vehicle under the influence of drink or drugs
DR10 Driving or attempting to drive with alcohol level above limit.
DR20 Driving or attempting to drive while unfit through drink or drugs.
DR30 Driving or attempting to drive then refusing to supply a specimen for analysis.
DR31 Driving or attempting to drive then refusing to give permission for analysis of a bood sample
that was taken without consent due to incapacity
DR61 Refusing to give permission for analysis of a blood sample that was teken without consent due
to incapacity in circumstances other than driving or attempting to drive
DR40 In charge of a vehicle while alcohol level above limit.
DR50 In charge of a vehicle while unfit through drink or drugs.
DR60 In charge of a vehicle then refusing to supply a specimen for analysis.
DR70 Failing to provide a specimen for breath test.
DR80 Driving or attempting to drive when unfit through drugs
DR90 In charge of a vehicle when unfit through drugs
28Table 4 - Offences where a licence would normally be refused or a current licence
suspended or revoked
CD40 Causing death through careless driving when unfit through drink
CD50 Causing death by careless driving when unfit through drugs
CD60 Causing death by careless driving with alcohol level above the limit
CD70 Causing death by careless driving then failing to supply a specimen for alcohol analysis
CD80 Causing death by careless, or inconsiderate, driving
CD90 Causing death by driving: unlicensed, disqualified or uninsured drivers
DD10 Causing serious injury by dangerous driving
DD40 Dangerous driving.
DD60 Manslaughter or culpable homicide while driving a vehicle.
DD70 Causing death by dangerous driving.
DD90 Furious driving
When applicable to licensed vehicle
LC30 Driving after making a false declaration about fitness when applying for a licence
LC40 Driving a vehicle having failed to notify a disability
LC50 Driving after a licence has been revoked or effused on medical ground
MS70 Driving with uncorrected defective eyesight
All offence codes mean also those alternative codes with differing numbers which mean, aiding,
abetting, counselling or procuring; cause, use or permit and inciting offences.
29Taxi and Private Hire Licensing
225 York Road
Leeds
LS9 7RY
Tel: 0113 3781570
Email: taxiprivatehire.licensing@leeds.gov.uk
www.leeds.gov.uk/taxis
Section Opening Hours
Monday - Thursday 08.00 - 15.30
Friday 08.00 - 15.00
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