Hire Vehicle Drivers - Relevance of Convictions
When applying for a licence to drive a hackney carriage or private hire vehicle you are required by East Lindsey District Council to declare any convictions (including traffic convictions), fixed penalty notices for public order offences or cautions you may have. The information you give will be treated in confidence and will only be considered in relation to your application.
Hackney carriage and private hire driver applicants are exempt from the provisions of the Rehabilitation of Offenders Act. This means that, provided it is relevant, the Council can refer to any conviction or caution revealed in your application no matter how long ago the conviction or caution was incurred.
The disclosure of a criminal record or other information will not debar you from gaining a licence unless the Authority considers that the conviction or information 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. The Council has adopted guidelines relating to the relevance of convictions and each case will be decided on its own merits.
The purpose of the guidelines is to provide guidance on the criteria taken into account by the Council when determining whether or not an applicant or an existing licence holder is a fit and proper person to hold a hackney carriage and/or private hire vehicle driver's licence. The policy also relates to applicants for a private hire vehicle operator licence and holders of a current private hire vehicle operator licence.
In drafting and adopting the guidelines the Council took into consideration the Statutory Taxi & Private Hire Vehicle Standards issued by the Department for Transport in July 2020. The purpose of setting guidelines and standards is to protect children and vulnerable adults, and by extension the wider public, when using hackney carriages and private hire vehicles.
The disclosure of a conviction involving dishonesty, indecency, violence, or disqualification from driving may result in a licence not being issued.
Any applicant refused a driver's licence on the grounds that he/she is not a fit and proper person to hold such a licence has a right of appeal to a Magistrates' Court.
New licence applicants who would like to discuss what effect a conviction or caution might have on their application, may contact a Senior Officer of the Council's Licensing Team:
Information provided by applicants will be treated in confidence and will only be utilised by the Council to determine whether the applicant is a fit and proper person to hold a hackney carriage or private hire driver's licence for the purposes of Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976.