How to apply for a Hackney carriage or private hire drivers licence

Although an applicant may have convictions which would fall under the guidelines in the policy, we will always consider the full facts of the case and any mitigating or other circumstances before reaching a decision. A person with a current conviction for a serious crime need not be permanently barred from obtaining a licence but they are expected to remain free of conviction for three to five years, according to the circumstances. However, the overriding consideration will be the protection of the public. In the case of more serious offences which have led to a term of imprisonment, the time periods given will run from the date that the applicant was released from prison and not from the date of conviction. Each case will be decided on its own merits.

Below is a general guide on what action will be taken where convictions or police cautions are revealed.

Traffic offences

Convictions for minor traffic offences such as obstruction or contravention of waiting regulations should not prevent a person from being granted a licence.

If an applicant has previously accrued sufficient penalty points to require a period of disqualification and has not been required to undergo a further driving test, then a Hackney carriage/private hire vehicle driver's licence may be granted after its restoration, but a warning should be given as to the high standards that are required of the holders of such type of licence.

If an applicant has had their licence revoked, following six or more penalty points during the first two years since passing their driving test, then a period of 12 months free of further conviction after passing a further driving test will have elapsed before granting a licence.

Traffic offences involving disqualification

A conviction for driving without due care and attention should not prevent a person from being granted a licence. However, if an applicant has been convicted of an offence of dangerous driving or other offence involving an obligatory period of disqualification and is ordered to take an extended driving test at the end of that period, then 12 months free of conviction after passing the driving test, will have elapsed before an application is granted.

Driving without insurance or driving whilst disqualified

A serious view will always be taken of a conviction for driving without insurance or driving whilst disqualified. Drivers are responsible for the safety of members of the public who are travelling in their vehicles. The following will apply:

• An applicant will have to show a period of at least six months free of convictions before a licence will be granted. If an applicant has been disqualified from driving as a result of convictions of this type, then the six months period shall run from the date of restoration of the licence
• If an applicant has had more than one conviction for this type of offence within the last three years, then a period of 12 months (from date of the restoration of their driving licence) will have elapsed before a licence is granted

Plying for hire

This is regarded as a serious offence because often the driver’s insurance policy will be invalidated if he/she was plying for hire in a vehicle which was licensed and insured for private hire use. A period of six months free of convictions will be shown before an application is considered, and if a licence is granted, then a warning should be given as to the conduct of the applicant whilst the holder of the appropriate licence.

Failing to wear identification badge whilst acting as the driver of a licensed vehicle

A serious view will be taken of a person who is convicted of failing to wear their driver’s badge whilst acting as the driver of a licensed Hackney carriage or private hire vehicle. A conviction of this type will not prevent you applying for a Hackney carriage/private hire driver’s licence. If an applicant has been convicted on more than one occasion for this type of offence, then a period of three months free of conviction shall have elapsed before an application for the renewal of the licence is granted.

 Drunkenness and related offences

 With a motor vehicle:

• A serious view should be taken of convictions of driving or being in charge of a vehicle whilst under the influence of drink or failing to provide a specimen for analysis. This is particularly the case where the applicant has previously held a licence, and the offence was committed whilst they were driving a licensed hackney carriage or private hire vehicle
• If an applicant has been disqualified and ordered to take either an extended driving test or a driving test, then 12 months free of conviction, after passing the necessary driving test, will have elapsed before an application is considered. If no driving test has been required, then six months free of conviction after the restoration of the driving licence will have elapsed before an application is considered
• If the applicant has previously held a licence to drive Hackney carriage/private hire vehicles and/or the disqualification arose as a result of acting as the driver of that type of vehicle and the applicant was ordered to take either an extended driving test or a driving test, then two years free of conviction after passing the necessary driving test will have elapsed before an application is considered. If no driving test was required, then 12 months free of conviction, after the restoration of the driving licence, will have elapsed before an application is considered
• If an applicant has more than one conviction of this type of offence, then grave doubts will arise as to the applicant’s suitability to hold a licence
• If there is any suggestion that the applicant is alcohol dependent, a special medical examination (at the applicant's own expense) will be required before an application will be considered. If it is ascertained that the applicant is alcohol dependent, then no further application will be considered until five years have elapsed after any treatment has been completed

Not in a motor vehicle:

• A conviction for a drink related offence will not necessarily prevent an applicant from obtaining a licence. However, a number of convictions for offences of this type may indicate a medical problem necessitating further examination

Drugs

An applicant with a conviction for a drug related offence will be required to show a period of at least three years free of convictions before an application is considered or five years after detoxification treatment if he/she was an addict. A certified medical certificate confirming such will be required before an application will be considered.

Indecency offences

As drivers of licensed Hackney carriage and private hire vehicles often carry unaccompanied passengers, applicants with convictions for indecent exposure, indecent assault, importuning, or of any offence of a sexual nature will be refused until a period of five years free from conviction has elapsed. If the applicant was required to register on the National Sex Register as a result of an offence of a sexual nature, then no application will be considered whilst the applicant is still on the register. An applicant with more than one conviction for this type of offence will not have an application considered for a period of five years after the most recent conviction. If the applicant has previously held a licence, and the conviction was as a result of acting as the driver of a licensed hackney carriage/private hire vehicle, then no application will be considered for five years after the conviction.

Violence

As the driver of licensed hackney carriage/private hire vehicles maintains a close contact with the public, a firm line will be taken with applicants who have convictions for grievous bodily harm, wounding, assault or any other type of offence of a violent nature. An applicant shall be free of convictions of this type for at least three years before an application is considered. This is also the case where the applicant was previously the holder of a licence, and the conviction was as a result of him acting as the driver of a licensed hackney carriage/private hire vehicle.

Dishonesty

The driver of licensed Hackney carriages/private hire vehicles are expected to be persons of trust. The widespread practice of delivering unaccompanied property is indicative of the trust that business people put in drivers. Moreover, it is comparatively easy for a dishonest driver to defraud the public by demanding more than the legal fare or knowing that a property is empty whilst the occupants are away on holiday for a set period of time, for example, after taking them to the railway station or airport. For these reasons a serious view will be taken of any conviction involving dishonesty. In general, a period of three to five years free of conviction will be required before considering an application.

Other offences

Where a restraining order has been imposed by the court, then no application will be considered whilst that order is still current. A period free of convictions for a period of at least six months must have elapsed, after the expiry of the order, before entertaining an application. The overall consideration should be the protection of the public.

Police cautions

A police caution is considered and administered where a person comes to the notice of the police for the first time and the person admits the offence.

It is considered to be similar to a conviction, where the person is convicted at court of a similar offence within five years of the caution being administered. Then, the caution can be brought to the attention of the court and any sentence passed would be regarded as being a second conviction at court and therefore a higher sentence may be imposed. An application may be considered and granted; however, the overriding consideration should be the protection of the public.

Pending prosecutions

If you have been charged with any offence and are awaiting a court date, you must declare this information on the application form.

Charged with an offence during the application process

If you have been charged with any offence during the application process, you must inform the council.

For example, you have made an application and you have no convictions, but two weeks after submitting the application and while the application process is underway you are charged with an offence. You must inform the Licensing Service as soon as possible. Failure to do so may result in refusal of the application or revocation of a licence when this comes to light in the future.

Last updated: ‎20‎/‎03‎/‎2024‎ ‎12‎:‎14‎