«HACKNEY CARRIAGE & PRIVATE HIRE NEW APPLICATION GUIDANCE SEE APPLICATION PACK FOR 1. Question 20 must be endorsed. CURRENT FEES Private Hire: This ...»
HACKNEY CARRIAGE & PRIVATE HIRE
NEW APPLICATION GUIDANCE
1. Question 20 must be endorsed. CURRENT FEES
Private Hire: This must be done using the operator’s stamp Hackney Carriage: This must have the details of the vehicle proprietor
2. DVLA Mandate must be completed.
3. ORIGINAL DRIVING LICENCE must be provided. If you have a photocard licence, you must bring both parts.
4. A photograph will be taken of you at your appointment. This will be free of charge.
A CRB CHECK MUST BE SUBMITTED
Please use black ink and write in BLOCK CAPITALS with one letter in each box:
12 THE DRI VEWAY Please DO NOT fill in the back of the form (W, X, Y & Z) If you need any help completing your form, or you want to check the progress of your disclosure,
please call the Criminal Records Bureau on: 0870 90 90 811 or go online on:
www.homeoffice.gov.uk/crb-online-tracking If you have Internet Access you may submit your CRB Check on line. Please see CRB Form for details.
CRB CHECK IDENTIFICATION FOR RENEWAL APPLICANTS
Please note that this will replace the old list from 31 August 2012 and after that date, only documents from this list will be acceptable.
CURRENT VALID UK OR EEA PASSPORT BIRTH CERTIFICATEOR (UK & CHANNEL ISLANDS)
NON-EEA IN COMBINATION WITH A BIOMETRIC ISSUED WITHIN 12 MONTHS OF DATE OF BIRTH
RESIDENCE PERMIT OR CURRENT WORK PERMIT / FULL OR SHORT FORM IS ACCEPTABLEVISA Including those issued by UK authorities overseas, such as Embassies, High Commissions & HM Forces
A DOCUMENT FROM CENTRAL / LOCAL GOVERNMENT / GOVERNMENT AGENCY / LOCAL
AUTHORITY GIVING ENTITLEMENT TO BENEFIT (UK & CHANNEL ISLANDS)This may be a letter from either the Department for Work & Pensions, the Employment Service, Customs & Revenue, Job Centre, Job Centre Plus, or Social Security.
It must have your address on and be less than three months old.
UTILITY BILL OR CREDIT CARD STATEMENT – LESS THAN THREE MONTHS OLD
(MOBILE TELEPHONE BILL NOT ACCEPTABLE)BIOMETRIC RESIDENCE PERMI
1 How to fill in the application form Complete the application form in capitals and in ink. Abbreviations or the use of Tippex is not acceptable. If any sections do not apply then the work "NONE" must be written in.
2 Providing the correct details The details and answers you provide must be true, complete and correct and you will be asked to make a declaration to this effect. If it subsequently transpires, after the granting of a Licence, that you have omitted any material detail or given false information, you may be prosecuted and / or have your Licence suspended or revoked.
3 The checking of details provided
The Council has the power to check with the Criminal Records Bureau (CRB) for the existence and content of any criminal record held in the name of the applicant. Information received as a result of an enhanced criminal record bureau check will be kept in strict confidence during the Licensing process and will be retained for no longer than is necessary. The disclosure by the applicant of a criminal conviction will not debar the applicant from gaining a Licence unless the Council considers the conviction renders the applicant unsuitable. In arriving at such a decision the Council will consider the nature of the conviction, how long ago and the age of the applicant when it was committed together with any other factors that may be relevant. Any applicant refused a Licence has the right of appeal to the Magistrates' Court.
4 Driving Experience The Council cannot grant a Licence to a person who has not held a full driving licence for at least 12 months at the date of their application.
5 Motoring/Criminal Offences/Formal Cautions and Breaches of Licence Please refer to attached guidelines relating to relevance of convictions and breaches of licence conditions. (Outcome 13) 6 Documents to be produced When submitting an application for a Licence to drive a Hackney Carriage or Private Hire Vehicle
applicants must enclose with it:
(a) The appropriate fee. Cheques should be made payable to Wolverhampton City Council - WCC).
(b) Current Driving Licence. If a photo card Licence the counterpart Licence is also required.
7 Granting of application Each application for a Licence to drive a Hackney Carriage or Private Hire Vehicle will be determined by the Council on the understanding that the applicant is deemed to have read and has understood these explanatory notes.
(b) If the answer to question 6(a) above is Yes, please state:
Nature of Employment:
Name of Employer:
Address of Employer (if any):
Hours (each day) engaged in this occupation:
Hours (each day) intended to be employed as a Private Hire Vehicle driver:
If you have answered Yes to question 18, please set out details below:
For further information, see http://www.wolverhampton.gov.uk/council/corporate/finance/corruption_fraud/nfi.htm
When submitting an application for a licence to drive a hackney carriage or private hire vehicle you are requested to declare any convictions or cautions you may have regardless of whether or not they are now regarded as “spent” under the Rehabilitation of Offenders Act 1974. This is by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (As Amended) spent convictions should be disclosed. The information you give will be treated in confidence and will only be taken into account in relation to your application.
You should be aware that the licensing authority is empowered in law to check with the Criminal Records Bureau for the existence and content of any criminal record held in the name of an applicant. Information received as a result of an enhanced criminal record bureau check from the Criminal Records Bureau will be kept in strict confidence while the licensing process takes its course and will be retained for no longer than is necessary.
The disclosure of a criminal record or other information will not debar you from gaining a licence unless the authority considers that the conviction renders you unsuitable. In making this decision the authority will consider the nature of the offence, how long ago and what age you were when it was committed and any other factors which may be relevant. Any applicant refused a driver’s licence on the ground that he/she is not a fit and proper person to hold such a licence has a right of appeal to a Magistrates Court.
DATE OF BIRTH:
PROVIDE WOLVERHAMPTON CITY COUNCIL WITH ANY INFORMATION IT
HOLDS RELATING TO THE HACKNEY CARRIAGE DRIVERS AND OR PRIVATE
HIRE VEHICLE DRIVERS LICENCE ISSUED BY THE COUNCIL TO ME DURING
THE PERIOD I HAVE BEEN LICENSED WITH THEM.
This information is required in order that Wolverhampton City Council can decide whether I am a fit and proper person to hold a hackney carriage / private hire vehicle drivers licence.
NAME: (PLEASE PRINT):
1.0 Purpose of Guidelines
1.1 Licensing issues are dealt with by both Councillors and employees. Employees is defined to include Head of Regulatory Services, Licensing Manager and Service Managers from within the Regulatory Services Division, and in the case of new applications Section Leaders from Licensing Services. Responsibility for decision making at employee level will “normally” be as follows:
1.2 This document provides guidance outlining how drivers/proprietors of hackney carriage and private hire vehicles and operators can expect to be treated. In
particular, but not exclusively it will affect:
1.3 Whilst employees and Councillors will have regard to the guidelines, each case will be considered on its individual merits, and where reasonable, the Employees/Committee may depart from the guidelines.
1.4 Any decision to suspend, revoke or refuse to renew a licence will be applied to an applicant/licence holder who is considered not to be a 'fit and proper' person to drive hackney carriages or private hire vehicles. The application of the Human Rights Act will be considered carefully and balanced against the overriding consideration to protect the public.
1.5 The Licensing Committee is concerned to ensure:
25 July 2012 Page 1 of 13 outcome13
1.6 Under the provisions of Sections 51, 55, and 59, Local Government (Miscellaneous Provisions) Act 1976, the licensing authority is required to ensure that an applicant for the grant or renewal of a hackney carriage and/or a private hire vehicle drivers’ licence and/or private hire vehicle operators licence is a ‘fit and proper’ person to hold such a licence. However, if an applicant has any convictions, warnings,
cautions or charges awaiting trail, the licensing authority will look into:
1.7 Section 61 and Section 62 of the Local Government Miscellaneous Provisions Act 1976 allow the local authority to suspend, revoke or refuse to renew a licence if the application/licence holder has been convicted of an offence as outlined in the guidance involving dishonesty, indecency, violence; failure to comply with the provisions of the Town Police Clauses Act 1847; failure to comply with the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976;
or any other reasonable cause.
1.8 The Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) Order 2002, allows the local authority to take into account all convictions recorded against an applicant or the holder of a private hire vehicle or hackney carriage driver’s licence, whether spent or not. Therefore the local authority will have regard to all relevant convictions, particularly where there is a long history of offending or a recent pattern of repeat offending.
1.9 In this policy the term “disqualification” refers to the period served, in order to take account of the fact that a court may reduce the period of disqualification from driving. An applicant must provide evidence in advance to prove that the court agreed a reduction in the period of disqualification.
1.10 In appropriate circumstances a suspension may be abated by the licence holder demonstrating to the satisfaction of the Council that they have successfully completed and passed appropriate training which should be evidenced in writing to the Council.
2.0 Relevant Convictions, Cautions/Fixed Penalties and Persons Charged with a Serious Offence(s)
2.1.1 A conviction/caution or relevant information relating to the alleged committing of an offence falling within any of the categories outlined in Section 5.0 of this document will result in a new applicant for a hackney carriage or private hire vehicle driver's/operators licence being referred to the employees to determine the application.
25 July 2012 Page 2 of 13 outcome13
2.2 Existing Licence Holders 2.2.1 A conviction/caution or relevant information relating to the alleged committing of an offence falling within any of the categories outlined in Section 5.0 of this document will result in an existing hackney carriage or private hire driver’s/proprietor’s/operators licence being referred to employees to determine a course of action detailed in Section 5.0 below. (In the event of a serious breach or allegation in respect of a licensed operator, the matter will be referred to Licensing Committee for consideration).
2.2.2 In cases where it is in the interests of public safety, the employees may suspend, refuse to renew or revoke a driver’s licence with immediate effect following a review. In such cases a written explanation will be given as to why it is in the interests of public safety to suspend, refuse to renew or revoke immediately.
3.1 A complaint relating to the conduct of an operator, hackney carriage driver, private hire vehicle driver, proprietor of a hackney carriage or proprietor of a private hire vehicle may, depending on the severity of the allegations, result in a written warning or suspension of the licence.
4.0 Further Guidance