HIRE VEHICLE DRIVER LICENCE

APPLICATION PACK

Commenced 17 October 2016

HIRE VEHICLE DRIVER LICENCE APPLICATION PACK

CONTAINED WITHIN THIS APPLICATION PACK YOU WILL FIND:

CONTENT PAGE

INTRODUCTION 1

ASHFIELD DISTRICT COUNCIL LICENSING TEAM DETAILS 3

NEW APPLICANT INFORMATION 4

CRITERIA FOR NEW APPLICANTS TO PROVE THEIR SUITABILITY 4

CURRENT LEVELS OF FEES & CHARGES 7

PROCEDURE FOR A NEW HIRE VEHICLE DRIVER LICENCE 8

PROCEDURE TO RENEW A HIRE VEHICLE DRIVER LICENCE 9

CONDITIONS: HIRE VEHICLE DRIVER LICENCE 10

DRIVER DRESS CODE 12

RESPONSIBILITIES FOR ALL DRIVERS 13

ENFORCEMENT PROCEDURES 14

SAFEGUARDING: VULNERABLE CHILDREN & ADULTS 15

TRANSPORTING DISABLED PASSENGERS 17

EQUALITY ACT 2010: DUTY TO PROVIDE MOBILITY ASSISTANCE 19

ENHANCED DISCLOSURE & BARRING SERVICES CHECK 21

RIGHT TO WORK IN UNITED KINGDOM 24

APPENDIX ONE: APPLICATION FORM

APPENDIX TWO: CONSENT FORM: DVLA DRIVER LICENCE CHECKS

APPENDIX THREE: GROUP 2 STANDARD MEDICAL REPORT FORM

APPENDIX FOUR: MEDICAL SELF-CERTIFICATION FORM

APPENDIX FIVE: ENHANCED DISCLOSURE & BARRING SERVICES FORM

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INTRODUCTION

It is important that you read this application pack in full before applying for orrenewing a Hire Vehicle Driver Licence. This application pack does not replacethe Council’s Hackney Carriage & Private Hire Licensing Policy, and should beread as an abbreviated version of the relevant Hire Vehicle Driver licensingcontent, in order to assist you in making any new or renewal application.

The Council licences Hire drivers, Hackney Carriage vehicles and Private Hirevehicles, and Private Hire Operators. The authority for doing so was adoption of theLocal Government (Miscellaneous Provisions) Act 1976, Part 2, together with theTown Police Clauses Act 1847 and 1889, and the Public Health Act 1875.

AppointmentsDue to the high volume of drivers, vehicles, and new applicants, all applications toobtain or renew a licence must be made by way of a pre-booked appointment withthe Licensing Officer.

New LicenceLicences will be issued for a maximum duration of three years or for a lesser period ifthe Licensing Authority deems appropriate. In all cases a licence will only be issuedsubject to the Licensing Authority being satisfied that the applicant is “fit and proper”to be issued with the licence.

The Licensing Authority issues one type of driver licence, namely a Hire VehicleDriver Licence, which allows a licence holder to drive both Hackney CarriageVehicles and Private Hire Vehicles licensed by Ashfield District Council.

Fit and Proper Person: Licensed drivers are in a position of trust, and therefore mustremain fit and proper to hold a licence. In order to assess the suitability of an applicantthe Licensing Authority will undertake any checks and apply whatever processes itconsiders necessary to determine whether an applicant is ‘fit and proper’ to hold alicence and ensure that licences are not issued to, or used by, unsuitable people.

In assessing the suitability of an applicant or licence holder, the Licensing Authoritywill consider the following factors:

Criminality including cautions Period of holding a driver’s licence Number of endorsed driving licence penalty points Right to work Medical fitness Standard of driving / driving ability General conduct / standards of behaviour (including online behaviour) The conduct of the applicant in making the application (e.g. whether they have

acted with honesty and integrity during the application process). The previous licensing history of existing / former licence holders (including

honesty and integrity). Theoretical knowledge of issues and matters related to the work of a licensed

driver.

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In addition, the Licensing Authority may need to verify information or obtain furtherinformation from other sources such as the Police, other local authorities, statutory &non-statutory agencies and Boards such as the Children and Adult SafeguardingBoards. An applicant will be required to provide consent at the application stage.

Renewal of LicenceIt is the responsibility of the licence holder to apply for the renewal of the licence atthe appropriate time. Under no circumstances will licences be issued without full andsatisfactory checks having first been carried out, including Medical Reports, DVLADisclosure and Enhanced Disclosure & Barring Service Report. To avoid delay,applicants are advised to submit an application no later than 8 weeks beforethe expiry of their current licence, by way of a pre-booked appointment withthe Licensing Officer. A licence cannot be renewed unless all of the necessarychecks have been completed.

If you do not book an appointment before your current licence expires, thenyou must apply as a New Applicant.

All licence holders are required to provide the Licensing Authority with their consentfor an annual Enhanced Disclosure and Barring Service check and DVLA DriverLicence check to be carried out, in order to ensure that the Licensing Authority mayundertake up-to-date background checks to assist with the grant and maintenance ofthe licence.

Please note that from 17th October 2017 no licence will be issued / renewedunless the licence holder has successfully completed the Vulnerable Childrenand Adults Safeguarding Training hosted by Ashfield District Council.

SuitabilityThe Council reserves the right to require any applicant or existing licence holder toprovide additional DVLA Disclosures, Enhanced Disclosure & Barring ServiceReports or full Medical Reports if the Licensing Officer has reason to believe thatsuch a person’s circumstances may have changed since the application was made.

The Licensing Authority may get information about you from third parties, or giveinformation to them to check the accuracy of information. This is to prevent or detectcrime, or to protect public funds in other ways, permitted by legislation. These thirdparties include other local authorities and government departments.

The legislation states that the Council may grant a licence ONLY if it is satisfied thatthe person is fit and proper – the onus is on the applicant to prove this, NOT theCouncil to demonstrate that they are not.

Issuing / Suspending / Revoking / Withdrawing or Refusing to Renew aLicenceIt must be clearly understood that the Hire Vehicle Driver Licence is issued in goodfaith, and should any information supplied by the applicant prove to be false ormisleading, the licence may be suspended. The licence may also be suspended ifthe drivers Department of Transport drivers licence is suspended or revoked by aCourt of Summary Jurisdiction. Any caution, conviction or pending prosecution ofany nature must be reported to the Licensing Officer regardless of nature, penalty oroutcome immediately.

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The attention of drivers and applicants for a Hire Vehicle Driver Licence is drawn toSection 61 of the Local Government (Miscellaneous Provisions) Act 1976, whereby aDistrict Council may suspend, revoke, or refuse the renewal of a licence where thedriver has been convicted of any offence involving dishonesty, indecency, violenceor any other reasonable cause. The Council reserves the right to consider othermatters which do not amount to a conviction but which they feel are likely to berelevant to whether or not the applicant is a fit and proper person. Theseconsiderations also apply when considering whether to renew a licence.

Right to Work in the UKThe Council has a duty to ensure that only those persons who are entitled to work inthe UK are issued a Hire Vehicle Driver Licence. For this reason all applicants (newand those applying to renew their existing licence) must provide evidence to showthat they are entitled to work in the UK (without restriction; those persons who haverestricted ability to work in the UK will NOT be granted a licence). If you are grantedfull entitlement to work for 12 months at a time, you will be required to resubmit yourdocuments every 12 months to show that your entitlement has been renewed /extended. If, at any time, your entitlement is removed, your licence will be revoked.Further information regarding what documents you can submit with your applicationto show your entitlement are given later in this document.

DVLA Driver Licence CheckThe grant / renewal of a licence is subject to an annual check being made as to thestatus of your DVLA Driver Licence in respect of any relevant driving convictions.This DVLA check is also carried out at the time that the application is made orsooner if the Licensing Officer has reason to believe that it should be.

Enhanced Disclosure & Barring Service (DBS) ReportThe grant / renewal of a licence is subject to an annual Enhanced Disclosure &Barring Service Report. It is strongly recommended that licence holders sign up tothe DBS Update Service which allows for an instant online check to be carried out,and prevents delays when processing your licence application.

Medical Certificate (Group 2 Standard of Medical Fitness)Before a licence can be issued the applicant must be certified fit to Group 2 StandardMedical Fitness to be a Hire driver by a GP/Doctor who has access to the applicant’smedical records. The approved form to be used for this purpose is included in thispack. Your GP/Doctor may charge a fee for this examination. Once licensed,applicants are required to undergo a medical examination for the following periodsaccording to the applicant’s age group: Aged to 45: Self-Certification at everylicence renewal. Aged from 45: Medical Certificate every 5 years with Self-Certification at every licence renewal. Aged 65 or over: Medical Certificateannually.

CONTACT DETAILS:

Licensing Team, Ashfield District Council, Council Offices, Urban Road,Kirkby-in-Ashfield, Nottinghamshire, NG17 8DA.

Telephone: 01623 457589Email: licensing@ashfield-dc.gov.ukWebsite: www.ashfield.gov.uk/taxilicensing

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NEW APPLICANT INFORMATION

A new applicant is a person who has not previously held a licence with this authorityor whose licence has expired without an application to renew it having beensubmitted to the Licensing Officer of Ashfield District Council.

First time applicants must at the time of submitting an application:

Have held a current licence to drive a motor vehicle (not being a provisionallicence) issued in accordance with the Road Traffic Acts, for a period of not lessthan 12 months prior to the date of application.

Provide consent to the Licensing Authority to carry out an Enhanced Disclosure &Barring Services check

Provide consent to the Licensing Authority to carry out a DVLA Driver Licencecheck.

Provide the Licensing Authority with proof of his/her right to work in the UK. Make payment of the full fees due.

CRITERIA FOR NEW APPLICANTS TO PROVE THEIR SUITABILITY

DVLA DRIVER LICENCE CHECKAshfield District Councils prime consideration is to the safety of the travelling public.As a part of the vetting process, a check is carried out as to the status of your DrivingLicence in order to assess whether there are any relevant endorsements (if any arepresent) that may impact on your application for a Hire Vehicle Driver Licence.

A Hire Vehicle Driver Licence will not be issued to any new applicant who has notheld a full United Kingdom driving licence carrying the applicant’s current address,for a minimum of 12 months, or held a licence from another EEA state for a minimumof 12 months together with a DVLA counterpart showing the applicants currentaddress. You must also provide a copy of your driving record in English to includemotoring convictions. Applicants who hold a DVLA driving licence are required toagree to the provision of a check on their driving history, and the approved form isincluded in this Application Pack.

The DVLA Driver Licence check is carried out online, however, on rare occasions itmay need posting to the DVLA and this can take up to 3 weeks to complete.

ENHANCED DISCLOSURE & BARRING SERVICES CHECKThe Enhanced Disclosure & Barring Service (DBS) application form can be obtainedby contacting the Licensing Team, or from our Council Office reception area. The DBScheck will provide details of live/spent convictions, police cautions and other relevantinformation that will be considered when determining the application.

You are required to complete an Enhanced Disclosure & Barring Service applicationand advised to sign up to the DBS Update service. If you have not been a resident inthe UK for 5 years you will need to provide proof that you do not have a criminalrecord, such as a Certificate of Good Conduct from the country in which you havebeen resident (which must be in English) for the period you lived outside the UK.Any documentation produced must be verifiable, and sufficient to enable a decisionto be made in respect of the applicant’s suitability to hold a Hire Drivers Licence.

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The Disclosure & Barring Service check can take up to eight weeks to be issuedeven when all the forms are correctly completed, hence why we advise you to signup to the DBS Update service in order to prevent delays to the issue of the licence.

If you have been previously convicted of either criminal or motoring offences thatmay not necessarily prevent you from being granted a licence, as it will depend uponwhat the offences were for, and how long ago they occurred. However, you shouldnote that it is an offence not to declare such information on your application tothe Council. In cases where the Licensing Officer is unable to determine the grant ofthe licence, the matter will be referred to a Sub-Committee Hearing. You may wish torefer to our Convictions Policy (which can be found on our website or requestedfrom the Licensing Authority), which states the guidelines that Licensing Authorityand the Courts will have regard to when determining an application.

Previously issued Enhanced DBS certificates may be accepted if:

1. It is an Enhanced DBS Disclosure Certificate and has been processed in relationto the child and adult workforce employment position; and

2. It has been issued within the last three months.

All licence holders shall notify the Licensing Authority of any convictions, cautions, orfixed penalty notices received during their licence period. Failure to inform theLicensing Authority of these during the licensing period may result in suspension,revocation and/or any other course of action deemed appropriate by the LicensingAuthority.

A Hire Vehicle Driver Licence will not be granted or renewed in the absence of acurrent Enhanced DBS Disclosure Certificate, or a satisfactory check having beencarried out by way of the DBS Update Service.

Ashfield District Council has a Code of Practice in respect of checks carried outwhen assessing an applicants’ suitability to hold a licence.

MEDICAL REPORT CRITERIABefore a licence can be issued the applicant must be certified fit by a GP/Doctor(who has access to the applicants medical records) to be a Hire Vehicle Driver. Theapproved Group 2 Standard Medical Report form to be used for this purpose isincluded in this Application Pack.

VULNERABLE CHILDREN & ADULTS SAFEGUARDING AWARENESS COURSEIt is a mandatory requirement for all new applicants to attend the Ashfield DistrictCouncil Vulnerable Children and Adults Awareness Course as part of the criteriaapplicable to a new application for a Hire Driver Licence with this Authority. The costof the course is included in the New Applicant fee payable to Ashfield DistrictCouncil. However if you fail the test that is set at the end of the course, you will needto re-sit the test and pay a fee of £30.00 per retest.

When you attend your appointment with the Licensing Officer to submit yourapplication, the Officer will reserve you a space on the next course, and you will begiven a “chit” with this information contained on it. Upon completing the course andpassing the test you will be issued with a Certificate.

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KNOWLEDGE TEST CRITERIANew applicants must also undertake a Knowledge Test with this Authority. The Testis devised so that applicants can prove that they have sufficient knowledge of theAshfield District area, the conduct required of licensed drivers, and can demonstratea satisfactory level of literacy and numeracy. As part of this process, applicants willbe required to demonstrate that they possess oral and written English Languageskills reasonably expected of a licensed driver.

The Knowledge Test consists of 20 multiple choice questions (you must pass at least17), 5 oral skill questions (you must pass at least 3) and 10 basic numeracyquestions (you must pass at least 7). You are not permitted to take any aids orpersonal belongings with you into the room in which the Test is taken.

The Test is marked by a Licensing Officer, and you will be notified of your result bypost. A Certificate will be issued if you pass the Test and kept on your record.

LEARNING THE KNOWLEDGE & SAFEGUARDINGThe Council conducts the tests, it does not teach the knowledge required, howeverto assist you a list of all rules and regulations, a summary of other laws andresponsibilities applicable to Hire Vehicle Drivers, and information relating tosafeguarding children and vulnerable people can be found within this ApplicationPack.

REFERENCESYou are required to supply the name and addresses of two people who are able toprovide the Licensing Authority with personal / employer references. The LicensingAuthority will contact these people to obtain the references.

RIGHT TO WORK IN THE UKThe Licensing Authority has a legal duty to ensure that any person to whom alicence is granted has the right to work in the UK. At your appointment with theLicensing Officer when you submit your application, you will also be required toprovide evidence that you are entitled to work in the UK. Further information as towhat documents can be used as proof of your entitlement to work in the UK can befound within this Application Pack.

GRANT OF LICENCE TO NEW APPLICANTFollowing you submitting your completed application at your appointment with theLicensing Officer, and the Licensing Authority being in receipt of:

your payment of the full fee a satisfactory DVLA Driver Licence check a satisfactory Enhanced DBS check a satisfactory Group 2 Standard Medical Certificate two satisfactory personal / employer references proof of your entitlement to work in the UK you passing the Knowledge Test you passing the Vulnerable Children and Adults Safeguarding Test; and all of your other documents are found to be satisfactory

then, you will be issued with a licence and badge (posted to your home address).

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If any information that you have not previously declared on your application form isfound to have come to light upon receipt of the DVLA check and / or Enhanced DBScheck, or any information that you have provided conflicts with the CouncilsConvictions Policy, you may be refused a licence.

Should you wish to proceed with your application to become a licensed driver, youshould refer to the section “Procedure for New Hire Drivers Licence” which willgive further information on what to do next.

What happens if my licence has not been issued 6 months after I apply? Youwill have to apply for another DBS and DVLA check at your own expense.

What happens if my licence hasn’t been issued 12 months after I apply? Yourapplication will be null and void and you will need to reapply.

FEES AND CHARGES

Fees once paid will on no account be refunded unless requested in writing (only thecosts not incurred by the Licensing Authority when a licence cannot be issued will berefunded). Fees and charges may also be amended from time to meet thereasonable cost of issue and administration.

Payment must be made at the time of the pre-booked appointment with theLicensing Officer. Payment must be by way of Debit / Credit card only. Please notethat any failure to pay the appropriate fee may result in the driver licence beingsuspended, until such time as payment has been made.

PAYABLE TO ASHFIELD DISTRICT COUNCIL

HIRE VEHICLE DRIVER LICENCE

NEW LICENCE (3 YEAR FEE) £247.20

RENEWAL LICENCE (3 YEAR FEE) £212.80

ADDITIONAL DRIVER CHARGES

DVLA DRIVER LICENCE CHECK (IF NO DVLA PHOTO-CARD) £5.00

ENHANCED DISCLOSURE & BARRING SERVICES (DBS) REPORT £44.00

VULNERABLE CHILDREN & ADULTS RETEST £30.00

KNOWLEDGE TEST RETEST FEE (NEW APPLICANT) £44.00

CHANGE OF NAME / ADDRESS £15.00

REPLACEMENT BADGE £10.50

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PROCEDURE FOR NEW HIRE VEHICLE DRIVER LICENCE

1. You will need to contact the Licensing Team to book an appointment to submityour application. Please contact us on 01623 457589 and you will be allocated atime and date for you to attend the appointment.

2. At this appointment, you must bring with you: (if you fail to bring any of thefollowing, you will need to rebook your appointment). If you arrive late for yourappointment you will not be seen and you will need to make anotherappointment: The necessary documents to complete the Enhanced DBS application

form Passport DVLA licence National Insurance number card or other document 2 x proofs of current address (bank statement, utility bill, etc.)

The completed application form The completed DVLA Driver Licence form The completed Enhanced DBS application form The completed Medical Report (certified by a GP/Doctor who has access

to your medical records) 2 x passport standard sized photographs Evidence that you are entitled to work in the UK (unrestricted) usually

passport or visa DVLA photo-card licence (or paper counterpart) Payment for the full application fees (credit/debit card)

3. If all of the above documents are valid, and you make your payment in full, youwill be booked on the next available Knowledge Test and the next availableVulnerable Children and Adults Safeguarding Course. You will be givenconfirmation of the times and dates for the Tests at your appointment; and theLicensing Team will process your DVLA Driver Licence form and post yourEnhanced DBS application form to the relevant authority to carry out thenecessary checks.

4. It may be that you take the Knowledge Test before these checks are returned tous. However, the grant of a licence is dependent upon the Licensing Officer beingsatisfied with the results of the Enhanced DBS and DVLA Driver Licence checks.Should you not pass the Knowledge Test, you are able to apply to retake the test(though please note that the questions are set randomly).

5. Upon receipt of your satisfactory DVLA Driver Licence check, Enhanced DBScheck, Medical Report, two personal / employer references, and upon youpassing of the Knowledge Test and Vulnerable Children and Adults SafeguardingTest, your licence will be granted. Should the Licensing Officer have anyconcerns over you being deemed “fit and proper” to hold a licence, the matter willbe referred to a Sub-Committee Hearing to be determined. The Sub-Committeemay determine that the licence not be granted, or that it be granted for a specifiedperiod of time. If you are granted a licence, your licence and badge will be postedby First Class post to your home address.

PROCEDURE FOR RENEWING A HIRE VEHICLE DRIVER LICENCE

1. You will be sent a “Reminder Letter” approximately 4 months before the expiryof your current drivers licence. The letter will include an application pack. You willthen need to book an appointment for at least 8 weeks before your licence is dueto expire with the Licensing Team.

2. At this appointment, you must bring with you: if you fail to bring any of thefollowing, you will need to rebook your appointment. If you arrive late for yourappointment you will not be seen and you will need to make anotherappointment: Your authorisation for the Licensing Authority to carry out an online

Enhanced DBS check (if you have signed up to the DBS UpdateService); or the necessary documents to complete the Enhanced DBSapplication form Passport DVLA licence National Insurance number card or other document 2 x proofs of address

The completed application form The completed DVLA Driver Licence form The completed Medical Report (certified by a GP/Doctor who has access

to your medical records) or your Medical Self-Certification form* The Vulnerable Children and Adults Test Certificate (if not previously

provided) 1 x passport standard sized photograph Evidence that you are entitled to work in the UK (unrestricted) usually

passport or visa DVLA photo-card licence (or paper counterpart) Payment for the full application fees (debit/credit card)

* (The medical report/self-certification does not have to be submitted on the dayof application but your licence will not be granted until the Licensing Team hasreceived it and is satisfied that you are medically “fit” to drive licensed vehicles).

3. If all of the above documents are valid, and you make your payment in full, theLicensing Team will process your DVLA Driver Licence form and send off yourEnhanced DBS application form to the relevant authority to carry out theirnecessary checks. If you have signed up to the DBS Update Service we canprocess this which will prevent any delays in the processing of your application.

4. Upon receipt of your satisfactory DVLA Disclosure, Enhanced DBS DisclosureDBS Update Service status and Medical Report/Self-Certification, your licencewill be granted for a maximum period of three years.

5. Should the Licensing Officer have any concerns over you being deemed “fit andproper” to hold a licence, the matter will be referred to a Sub-Committee Hearingto be determined. The Sub- Committee may determine that the licence not begranted, or that it be granted for a period of less than three years. If you aregranted a licence, your licence and badge will be posted by First Class post toyour home address.

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HIRE VEHICLE DRIVER LICENCE: CONDITIONS

Hire Driver Licences are issued subject to the following conditions. Drivers areadvised to study these conditions carefully, and are warned that for non-compliancethe licence may be revoked.

1. The licence holder shall not assign or in any way part with the benefit of thelicence. It is personal to them only.

2. The licence holder shall not cause or suffer or permit to be conveyed in a hirevehicle a greater number of persons exclusive of the driver than the number ofperson specified in the licence.

3. The licence holder shall, when driving a Hackney Carriage and Private Hirevehicle, wear the drivers badge, issued by the Council, in a conspicuous position so

as to be plainly and distinctly visible; and display the identity card, issued by the Council, so it can easily be read by all

passengers.

4. Where property is accidentally left in the vehicle the driver must, convey the property to the nearest police station, within 24 hours, if not

sooner claimed by or on behalf of its owner; and/or notify the Licensed Operator of the property left and which police station it

was conveyed to.

5. Where the licence holder has agreed and has been hired to be in attendancewith the vehicle at an appointed time and place, he shall punctually attend withsuch vehicle at such appointed time and place, unless delayed and prevented bysome sufficient cause.

6. The driver of a Hackney Carriage and Private Hire vehicle shall, when requestedby any person hiring or seeking to hire the vehicle: carry a reasonable quantity of luggage; give reasonable assistance in loading and unloading; give reasonable assistance in removing it to and from the entrance of any house, station or place at which he is taking up or setting down such a

person.

7. The driver of a hire vehicle shall behave in a civil and orderly manner and shalltake all reasonable precautions to ensure the safety of persons conveyed in,entering or alighting from the vehicle.

8. Sub-sections (2) to (5) of Section 233 of the Local Government Act 1972 shallhave effect and are incorporated in these conditions in relation to any noticesrequired or authorised by these conditions to be given or served on the licenseeby or on behalf of the Council, or by an Authorised Officer.

9. The driver of a Hackney Carriage and Private Hire vehicle, when hired to drive toany particular destination shall, subject to any directions given by the hirer,proceed to that destination by the shortest available route.

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10. When in another Council's area, on being requested to do so by an Officer ofthat Council who has been authorised by Ashfield District Council, submit thevehicle to an examination; answer any reasonable questions and produce alldocuments in relation to the driver and the use of the vehicle.

11. Other than for condition 12 below, the carrying of pets shall be at the driver’sdiscretion.

12. Guide dogs or assistance dogs belonging to a passenger must be carried bydrivers of Hackney Carriages and Private Hire Vehicles. The dogs must becarried free of charge. Drivers may be exempted from carrying dogs only if theyhave a notice of exemption issued by the Local Authority under Section 37 of theDisability Discrimination Act 1995.

13. The driver must not use a mobile phone including Bluetooth functions anddevices, whilst the engine is running and/or the handbrake is off.

14. When driving a HACKNEY CARRIAGE the driver shall not tamper with or permitany person to tamper with the taximeter.

15. The driver of a HACKNEY CARRIAGE shall, when plying for hire in any streetand not actually hired:-

Proceed with reasonable speed to one of the ranks fixed by the Council; If a rank, at the time of arrival, is occupied by the full number of taxis

authorised to occupy it, proceed to another rank. At no time shall the driver of a hire vehicle cause the vehicle to stand on a

road that is controlled by parking restrictions or regulations whilst waiting for aspace on a taxi rank to become available.

The driver of a hire vehicle both Hackney Carriage and Private hire vehicles,shall at all times comply with all waiting and parking restrictions andregulations in force on any road. Drivers shall not, at any time, wait on anyroad so as to cause any hazard, obstruction or inconvenience to other roadusers.

Private Hire Vehicles shall not form any unofficial rank whilst waiting for hireand cannot accept immediate hire whilst stationary on any street or road.

Hackney Carriages on arriving at a rank not already occupied by the fullnumber of taxis authorised to occupy it, position the taxi immediately behindthe taxis on the stand facing in the same direction;

From time to time when any other taxi immediately in front is driven off ormoved forward, move forward to fill the empty space.

16. The licensee shall not while driving or in charge of a PRIVATE HIRE VEHICLEor HACKNEY CARRIAGE:-

Tout or solicit on a road or other public place any person to hire or be carriedin that vehicle;

Cause or procure any other person to tout or solicit on a road or other publicplace any person to hire or be carried in that vehicle;

Leave the vehicle unattended on any taxi rank.

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17. The Private Hire vehicle driver whilst driving a private hire vehicle must not offerthat vehicle for immediate hire whilst on a road or other public place. Alljourneys in a private hire vehicle must be pre-booked.

18. The licence holder shall disclose to the Council, in writing, within 14 days, detailsof any conviction, caution, fixed penalty notice or any other offence for whichthey may have been interviewed or dealt with by the Police, Civil EnforcementAgency or any Court of Law, and any penalties imposed on them during thecurrency of the licence, within 14 days of the event.

19. The licence holder shall inform the Council, in writing, details of any change ofname or address, within 14 days of any change, and pay the appropriate fee.(See Schedule of Fees)

20. A Hackney Carriage and Private Hire vehicle driver will comply at all times to theHealth Act 2006 and will not at any time smoke or permit any passenger tosmoke in any licensed Hackney Carriage or Private Hire vehicle.

21. The driver must ensure that infants are removed from pushchairs, that thepushchair is folded and secured in the luggage area of the vehicle and that theinfant is safely restrained in a passenger seat in compliance to the seat beltregulations.

22. A Driver if requested by an Authorised Officer, Police Officer, passenger or anyother person who has reasonable cause. Shall give his full name, licencenumber (badge number) the name and address of the vehicle operator/owner,immediately at the time of request.

23. New Licence holders are required to attend a safeguarding course for VulnerableChildren and Adults prior to being granted a Licence.

24. Existing licensed drivers are required to attend and pass a safeguarding coursefor Vulnerable Children and Adults by 17th October 2017.

DRIVER DRESS CODEHackney Carriage and Private Hire Licensing in the District of Ashfield plays animportant role in portraying a positive image of Ashfield.

All Licensees are expected to conduct themselves in a manner that serves toenhance the professional image of the Hackney Carriage and Private Hire trade, andpromotes the concept that drivers of licensed vehicles are professional vocationaldrivers.

Employees working for companies operating their own dress codes will also berequired to comply with this standard. The Licensing Authority requires all drivers toadhere to the following dress code:

Drivers must ensure that at all times a smart standard of dress and cleanliness ismaintained which is acceptable to the general public. The seasonal wearing of dressshorts or culottes as appropriate will be allowed and drivers must wear either a shortsleeved shirt, blouse or collared polo shirt. Flip Flops and/or bare feet are notacceptable when on duty.

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RESPONSIBILITIES FOR ALL DRIVERS

The Licensing Authority requires all its drivers to ensure that passengers aresafeguarded when being transported in a licensed vehicle. The following areapplicable:

Drivers are expected to: Ensure that they are fit to drive at all times; Ensure their vehicle is fit to be driven at all times; Not to use a vehicle which could put the public at risk; Remain professional at all times; Carry photo ID at all times, and wear it in accordance with any conditions of

licence. Not to use offensive or inappropriate language; Not to swear; Not to behave in a manner that would make passengers feel uncomfortable,

intimidated and/or threatened; Not to misuse personal information obtained during whilst working; Ensure a log is maintained which records all incidents, refusals and accidents

involving passengers and/or reported to the Operator immediately and in anyevent before taking the next fare.

VULNERABLE PASSENGERSDrivers and/or Operators must confirm that appropriate provisions are in place for anyvulnerable passengers prior to accepting any bookings and/or commencing a journey.A Driver/Operator would not be responsible for any alterations, but is responsible forensuring the passenger is able to be transported safely and comfortably.

If a responsible person is not accompanying a vulnerable passenger the Driver shouldmake reasonable attempts to obtain contact details for a responsible person in caseof an emergency.

If a Driver is unable to commence a journey due to safety concerns then all reasonablemeasures should be taken to ensure a responsible person is notified to enablealternative arrangements to be made.

REPORTING YOUR CONCERNSIf a driver is concerned about the safety, welfare or behaviour of an individual, theyshould report it to the police by telephoning 101 (or in emergencies by calling 999) andto the Licensing Authority.

VEHICLE SAFETYAll Licensed drivers are responsible for ensuring their vehicle is safe to carry membersof the public and must refrain from driving it if there are any physical/mechanicalconcerns.

All concerns must be reported to the Private Hire Operator or the vehicleproprietor/owner as soon as practicably possible by the Driver.

The Vehicle must not be used until the concerns have been rectified.

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RECOMMENDED MAXIMUM HOURSThere are no direct controls over the hours that Hackney Carriage and Private Hiredrivers can work. There are, however, limits applicable to drivers and crews of heavygoods vehicles or public service vehicles. The Licensing Authority deem that thenumber of hours worked by drivers can impact public safety and as a result seeks topromote the same limits, namely:

An average of 48 hours per week calculated over a 17 week period normally; In any single week up to 60 hours providing the 48 hour limit is maintained; Night work is limited to 10 hours per night unless there is an agreement to work

longer hours; Working between 6 and 9 hours per day requires breaks totalling 30 minutes.

If more than 9 hours is worked then breaks must total 45 minutes. Breaks mustbe of at least 15 minutes in duration.

The Licensing Authority recommends that these requirements are used as a guidelineto ensure drivers are fit to drive and that public safety remains paramount at all times.

ENFORCEMENT PROCEDURES

It is this Authority’s policy to deal with enforcement matters relating to an applicant orexisting licence holders by means of Licensing Officers, the Head of Places &Communities, and the Courts. The expectation of the Authority is that any personwho seeks the grant of a licence, or who holds a licence, meets with our definition ofa “fit and proper” person. Hire Drivers maintain close contact with the public and aretherefore not expected to behave or act in a manner that may: cause any person to take offence at their actions cause any person to believe their actions are inappropriate cause any person to fear of their physical safety cause any person to doubt their integrity brings in to disrepute the integrity of the Council for having granted such a

person a licence fail to adhere to the conditions and regulations pertaining to the licence

Any complaints or enforcement measures are dealt with in the first instance by theLicensing Officers by way of a “Warning” system. Any failures on the part of anapplicant or existing licence holder to uphold the Licensing Objectives or to adhere tothe conditions and regulations pertaining to the licence may result in any of thefollowing actions: the issue of a Warning (appropriate to the incident reported) the issue of a higher level of Warning (appropriate to the incident

reported and having regard to the history of the licence holder) the request for an interview to be held in accordance with the Police and

Criminal Evidence Act 1984 the issue of a Formal Caution the referral of the matter to the Head of Places & Communities the referral of the matter to the Legal department for consideration of

prosecution

You will find details of the Warnings and further actions that the Licensing Authoritymay take contained within our Convictions Policy that can be found on the Councilwebsite, or obtained from the Licensing Team.

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SAFEGUARDING: VULNERABLE CHILDREN AND ADULTS

Human Trafficking is the crime of moving a person (adult or child) from one place to

another into conditions of exploitation, using deception, coercion, the abuse of power

or the abuse of someone’s vulnerability.

Unfortunately vulnerable persons can be “moved” by criminals who chose to have

the journeys carried out in licensed vehicles, without the drivers having any reason to

believe that such a person is a victim of such a crime.

Licensed drivers are the eyes and ears of their communities through the work they

do and the contacts they have, and if you are able to spot the signs of human

trafficking and know how to report this crime, you can be a major force in tackling

this terrible activity.

There are three main elements involved with Human Trafficking:

Movement: recruitment, transportation, transfer, harbouring or receipt of people

(adults or children).

Control: threat, use of force, coercion, abduction, fraud, deception, abuse of

power or vulnerability, or the giving of payments or benefits to a person in control

of the victim.

Purpose: exploitation of a person (adult or child), which includes prostitution and

other sexual exploitation, forced labour, slavery or similar practices, street crime,

forced marriage and the removal of organs forced to work, beaten, abused and

too scared to escape.

HOW CAN YOU SPOT IF SOMEONE MAY BE VULNERABLE AND BEING

EXPLOITED AND TRAFFICKED?

There are various tell-tale signals to look for. One sign on its own does not mean

someone has been trafficked, but several signs together should give you cause for

concern. Perhaps the person shows signs of the following:

Does not know their home or work address

Allows others to speak for them when addressed directly

Live or travel in a group, sometimes with other persons who do not speak the

same language

They are collected very early and/or returned late at night on a regular basis

May have inappropriate clothing for the work they are performing, and/or a lack

of safety equipment

Their physical appearance may show signs of injury, malnourishment, unkempt

They may be isolated from the local community and/or appear to be under the

control or influence of others

Have no cash of their own

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HOW TO REPORT YOUR CONCERNS?

If you suspect that a person (adult or child) is vulnerable and may be the victim of

abuse, exploitation and/or trafficking, you can report your concerns in confidence by

telephoning:

Nottinghamshire Police: 101 (or if an emergency 999)

Crimestoppers: 0800 555 111

WHY DO I NEED TO KNOW ABOUT SAFEGUARDING?

Everyone is becoming aware of the well-publicised issues relating to Child Sexual

Exploitation and Human Trafficking that have occurred throughout the country.

These are abhorrent crimes, and the Licensing Authority has a duty to assist the

Taxi and Private Hire Trade and the public in tackling this issue, and to protect those

who are vulnerable and / or being exploited. We need the help of taxi and private

hire drivers and operators to identify those who commit these crimes, and protect

those who most need our help.

This page and our website are devoted to helping you as a license holder or

applicant to be aware of those who may be vulnerable or being exploited, and

questions relating to this subject are posed within the Local Knowledge &

Safeguarding Test that all new applicants must undertake as part of the criteria for

the grant of a licence.

However, there is always more that can be done by everyone to help promote a

better understanding of this subject, and we hope that this page and our website will

assist you in being able to identify those at risk, how to protect those who may be

vulnerable or being exploited, how to ensure that your actions do not negatively

contribute to such persons becoming victims, and to whom to report your concerns.

WHERE CAN I FIND MORE INFORMATION ON SAFEGUARDING?

A full page devoted to Safeguarding, designed with help from the National Working

Group and various other Councils can be found on the Council website:

http://www.ashfield.gov.uk/taxilicensing

If you are a new applicant, many of the questions posed in the Local Knowledge &

Safeguarding Test will be more familiar to you if you have studied our online

Safeguarding page. As an existing licence holder, the information on the website will

help you identify and support those persons in most need of help, and in turn support

the authorities in tackling these abhorrent crimes and protecting the most vulnerable

in our society.

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TRANSPORTING DISABLED PASSENGERS

Customer Care starts from the moment that the customer hires the vehicle. Thereshould be good customer relations between the driver and the customer. Talking tothe customer to check what they require will make it quick and easy to give them abetter service. Many disabled people have at some time experienced well-intentioned but clumsy assistance that has caused them discomfort and pain.

The way a driver gives the best possible service to each customer will vary for eachcustomer and the type of disability that they have. Always ask what help (if any) acustomer may need. Make sure you are familiar with any access and safetyequipment in your vehicle. Ask the customer if they are all right before you startthe journey.

If the passenger is in a wheelchair you should always:- Pull up as close as possible to the kerb; Always use the ramps; If necessary, tip up the back seat to give more space to manoeuvre the

wheelchair; Insist that the passenger travels in the correct position as recommended by the

vehicle manufacture. In the case of a London type cab this position will befacing the rear of the vehicle. The wrong travelling position is unsafe;

Always make sure that the brakes of the wheelchair are on; Be polite and ask before touching or moving a passenger; Always secure the wheelchair and ask if the passenger needs help to fasten

the seat belt provided; If it has been raised, lower the back seat if the passenger would prefer it; Avoid sudden braking or acceleration; Bring the wheelchair out of the vehicle backwards down the ramp and ask if the

passenger would like the brakes on once they have be unloaded; Leave the passenger in a safe and convenient place, which enables them to

move away independently.

When taking a person in a wheelchair up a kerb you should place your foot on one ofthe tipping levers (which project from the back of the wheelchair at ankle height) andpull the wheelchair onto its back wheels. Pull the wheelchair onto its back wheels sothat its front wheels are level with the kerb and follow with the back.

When taking a person in a wheelchair down a kerb, again place your foot on thetipping lever and pull the wheelchair onto its back wheels. Gently lower thewheelchair down the kerb so that both of the rear wheels touch the ground at thesame time, then lower the front wheels.

This method should only be used for kerbs and single steps; where there is a flight ofsteps; two people are needed for safety.

There are a number of wheelchair designs that are either too large for the ramps andto fit through the doorway or are unable to be manoeuvred when inside the vehicle.There are also some passengers whose size and build, or nature of disability (i.e.those passengers requiring extended leg rests) that precludes them from safelyusing a Hackney Carriage vehicle.

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However you cannot refuse to take a passenger in a wheelchair if your vehiclecan safely take it. It is against the law and the conditions attached to a driverslicence to refuse a wheelchair passenger. It could lead to prosecution andyour Hackney Carriage driver’s licence being revoked.

HOW TO ENSURE THE SAFETY OF WHEELCHAIR USERS

Both the restraint system for the wheelchair and the safety belt for the passengermust be used on every occasion. Failure to do so may render you liable in theevent of an accident and could affect your insurance cover.

In the interest of the comfort and safety of both the passenger and yourself, theramps must be used to board a passenger using a wheelchair.

Passengers using wheelchairs must never travel facing sideways or forward. Itis not possible to secure the wheelchair or adequately protect the passenger ineither position. They should always travel in the recess of the passengerbulkhead, facing towards the rear of the vehicle.

The wheelchair restraint mechanism must always be attached to the rearmostmain upright tubes on opposite sides of the wheelchair frame in a position thatdoes not allow it to fall off or slide down. The restraint must never be attached towheels, spokes or footplates.

The brakes on the wheelchair must always be applied during the journey. Youshould remember that the brakes alone are not sufficient for wheelchair restraint.They do however give a little lateral stability during the journey, which providesreassurance for passengers.

The wheelchair restraint mechanism isolating switch must always be in the “off”position before the journey begins. If it is left in the “on” position the wheelchair isstill unrestrained.

It is important to remember that the wheelchair restraint mechanism offers nosecurity to the passenger. It is a legal requirement for passengers to wearseatbelts provided. Unless they hold a medical exemption certificate.

Wheelchairs must always be taken out of the vehicle backwards.

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EQUALITY ACT 2010

HOW DOES THIS AFFECT HIRE VEHICLE DRIVERS?There are some changes in the law which came into effect in October 2010 whichmight affect you. The Equality Act 2010 includes provisions relating specifically toHackney Carriages and Private Hire vehicles and disability. The Governmentbrought into force several provisions of the Act in October 2010 and other provisionswill come into force from 6th April 2017.

The information below provides details of the provisions that are currently in place inrelation to Hackney Carriages and Private Hire vehicles, and what the implicationsare for Hackney Carriage and Private Hire vehicle drivers; and details of the furthermeasures that must be complied with from 6th April 2017. In effect 2 duties areplaced on drivers:

To assist passengers in wheelchairs (if you drive a wheelchairaccessible vehicle); and

To carry guide dogs / assistance dogs.

DUTIES ON DRIVERS TO ASSIST PASSENGERS IN WHEELCHAIRSThe Equality Act places duties on the drivers of designated wheelchair accessibleHackney Carriages and Private Hire vehicles to provide physical assistance topassengers in wheelchairs.

The duties apply to the driver of any wheelchair accessible Hackney Carriages andPrivate Hire vehicles which are on the licensing authority’s list of “designatedvehicles”. Ashfield District Council will be maintaining a list of designated vehicles (ineffect this is all Hackney Carriage Vehicles licensed by the Council) and thereforethe following duties will apply to you.

The duties being placed on the drivers of designated wheelchair accessible HackneyCarriages and Private Hire vehicles are (under Section 165 of The Equalities Act2010):

To carry the passenger while in a wheelchair Not to make any additional charge for doing so If the passenger chooses to sit in a passenger seat, to carry the

wheelchair To take such steps as are necessary to ensure that the passenger is

carried in safety and reasonable comfort; and To give the passenger such “mobility assistance” as is reasonably

required.

WHAT DOES MOBILITY ASSISTANCE MEAN?Mobility assistance essentially means helping passengers who use wheelchairs byproviding physical assistance. If the passenger wishes to remain in the wheelchair,the driver must help the passenger to get into and out of the vehicle. If the passengerwants to transfer to a seat, the driver must help him or her to get out of thewheelchair and into a seat and back into the wheelchair; the driver must also loadthe wheelchair into the vehicle. The driver must also offer to load the passenger’sluggage into and out of the vehicle.

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LISTS OF WHEELCHAIR ACCESSIBLE VEHICLES

Section 167 of the Act allows licensing authorities to maintain a list of “designatedvehicles”, that is, a list of wheelchair accessible Hackney Carriages and Private Hirevehicles licensed in their area. The consequence of being on this list is that the drivermust undertake the duties in section 165.

GUIDE DOGS / ASSISTANCE DOGS

Duties are also placed on Hackney Carriages and Private Hire drivers and on PrivateHire Vehicle operators to carry guide dogs and other assistance dogs will transferfrom the Disability Discrimination Act 1995 to the Equality Act 2010. Any person whois currently exempt from the duty to carry an assistance dog on medical grounds willcontinue to be exempt. That is because through a change in the law all existingexemption certificates and all existing exemption notices remain in force as thoughthey had been made under the Equality Act 2010.

WHAT IF I HAVE A MEDICAL CONDITION WHICH PREVENTS ME FROMCARRYING OUT EITHER OR BOTH OF THESE DUTIES?

The Act allows for exemptions from the duties on medical grounds or if the driver’sphysical condition makes it impossible or unreasonably difficult for him or her tocomply with these duties. It is the responsibility of drivers who require an exemptionto apply for one from their licensing authority.

WHO DECIDES IF A DRIVER IS EXEMPT?

The local licensing authority decides if a driver should be exempt from the duties.

HOW WILL PASSENGERS KNOW THAT I AM EXEMPT FROM THE DUTIES TOASSIST PASSENGERS?

The licensing authority will issue you with a special Exemption Notice whichexempted drivers must display on their vehicles in order that passengers will knowthat the driver is exempt from one of more duties.

I DO NOT HAVE ANY EXEMPTION FROM PROVIDING MOBILITY ASSISTANCEAND / OR CARRYING GUIDE DOGS OR ASSISTANCE DOGS AT PRESENT,HOW DO I APPLY FOR AN EXEMPTION FROM HAVING TO FULFIL THESEDUTIES?

You will need to contact the Licensing Team by telephoning 01623 457589 or byemailing licensing@ashfield.gov.uk to inform an Officer of your request, and forthe necessary application form to be sent to you. When submitting your completedform, you will be required to provide evidence from your Medical Practitionersupporting your application and substantiating the medical reasons applicable toyour request.

Your application will be determined by the Licensing Team Leader, and if successfulyou will be issued with the relevant Exemption Notice to display within the vehicle.

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ENHANCED DISCLOSURE & BARRING SERVICE (DBS) REPORTINFORMATION

The Enhanced DBS application form must be completed before your appointment.However it will be checked at your appointment and you are free to ask anyquestions that you may have at the appointment.

WHAT DOCUMENTS TO PRESENT TO THE LICENSING OFFICER AT YOURAPPOINTMENT

The applicant must be able to provide one document from Group 1, and 2 furtherdocuments from either Group 1, or Group 2a or 2b. At least one of the documentsmust show the applicant’s current address.

If the applicant doesn’t have any of the documents in Group 1, then they must beable to show: one document from Group 2a, and 2 further documents from eitherGroup 2a or 2b. At least one of the documents must show the applicant’s currentaddress. The organisation conducting their ID check must then also use anappropriate external ID validation service to check the application.

If it’s impossible to process the application through the above means, the applicantmust be able to show: a birth certificate issued after the time of birth (UK andChannel Islands), one document from Group 2a, and 3 further documents fromGroup 2a or 2b. At least one of the documents must show the applicant’s currentaddress. If the applicant can’t provide these documents they may need to befingerprinted.

GROUP 1: PRIMARY IDENTITYDOCUMENTS

Notes relevant to document:

Passport Any current and valid passportBiometric residence permit UKCurrent driving licence photocard -(full or provisional)

UK, Isle of Man, Channel Islands and EU

Birth certificate - issued within 12months of birth

UK, Isle of Man and Channel Islands - includingthose issued by UK authorities overseas, e.g.embassies, High Commissions and HM Forces

Adoption certificate UK and Channel Islands

GROUP 2a: TRUSTEDGOVERNMENT DOCUMENTS

Notes relevant to these documents:

Current valid driving licence photocard - (full or provisional)

All countries outside the EU (excluding Isle ofMan and Channel Islands)

Current driving licence (full orprovisional) - paper version (if issuedbefore 1998)

UK, Isle of Man, Channel Islands and EU

Birth certificate - issued after time ofbirth

UK, Isle of Man and Channel Islands

Marriage/civil partnership certificate UK and Channel IslandsHM Forces ID card UKFirearms licence UK, Channel Islands and Isle of Man

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GROUP 2b: FINANCIAL ANDSOCIAL HISTORY DOCUMENTS

Notes relevant to these documents:

Mortgage statement UK or EEA – issued in last 12 monthsBank or building society statement UK and Channel Islands or EEA – issued in

last 3 monthsBank or building society accountopening confirmation letter

UK – issued in last 3 months

Credit card statement UK or EEA – issued in last 3 monthsFinancial statement, e.g. pension orendowment

UK – issued in last 12 months

P45 or P60 statement UK and Channel Islands – issued in last 12months

Council Tax statement UK and Channel Islands – issued in last 12months

Work permit or visa UK – valid up to expiry dateLetter of sponsorship from futureemployment provider

Non-UK or non-EEA only - valid only forapplicants residing outside of the UK at time ofapplication – must still be valid

Utility bill UK - not mobile telephone bill – issued in last 3months

Benefit statement, e.g. Child Benefit,Pension

UK – issued in last 3 months

Central or local government,government agency, or local councildocument giving entitlement, e.g.from the Department for Work andPensions, the Employment Service,HMRC.

UK and Channel Islands – issued in last 3months

EU National ID card Must still be validCards carryingthe PASS accreditation logo

UK, Isle of Man and Channel Islands – muststill be valid

Letter from head teacher or collegeprincipal

UK - for 16 to 19 year olds in full time education- only used in exceptional circumstances if otherdocuments cannot be provided – must still bevalid

WHAT TO DO WHEN YOU RECEIVE YOUR ENHANCED DBS DISCLOSURE(IMPORTANT)

The Disclosure and Barring Service Disclosure Report will be returned to you at yourhome address. Upon receipt of the Disclosure Report you will need to either send ordeliver the original Disclosure Report to the Licensing Authority at this office (pleasemark your envelope: Private & Confidential, F.A.O. Licensing Officer, Taxi Licensing)or send a scan of the entire Disclosure Report to licensing@ashfield.gov.uk clearlyidentifying your name on your email and, if held, your badge number.

The Licensing Authority no longer receives its own copy of the Disclosure. Atyour appointment you will be handed an “Information Chit” advising you whatto do when you receive your DBS Disclosure. Please note that a licence andbadge cannot be issued until we have received and processed your DBSDisclosure. When issued, the licence and badge will be posted to your homeaddress.

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Owing to the time it may take in the processing of DBS Disclosure mandates,we strongly advise you to sign up to the DBS Update Service. The LicensingOfficer will provide you with information about the DBS Update Service at yourappointment. The Update Service currently costs £13.00 per annum, and allthat you need to do is set up a direct debit with the DBS and provide writtenauthorisation to the Licensing Officer at your renewal / declarationappointment to carry out an online check.

Once a DBS Disclosure Certificate is received you have a period of 19 calendar daysto subscribe to the DBS Update Service.

The Licensing Authority requires all drivers to undergo a DBS annually on theanniversary of the grant of the licence or upon renewal. Signing up to the DBSupdate service will enable the Licensing Authority to undertake this check on behalfof the applicant. If this service is not subscribed to, it will be the responsibility of theapplicant to ensure an Enhanced DBS Certificate is available at the date of theanniversary.

GUIDELINES RELATING TO CRIMINAL CHECKS FOR PEOPLE WHO HAVESPENT TIME OUTSIDE OF THE UK – CERTIFICATE OF GOOD CONDUCT

Where an applicant/driver has been absent from the UK, a Disclosure and BarringService (DBS) check would not be sufficient evidence of his/her criminal record. Allapplicants/drivers (including those renewing a licence) must complete as part of theapplication form a questionnaire in order to ascertain what time, if any, the applicanthas spent resident outside of the UK since the age of 10.

Applicants/drivers who have been resident in any other country or countries for 6months or more will be required to provide a Certificate of Good Conduct from eachcountry (unless previously seen by this Authority). For these purposes, a “Certificateof Good Conduct” means an extract from the judicial record or equivalent documentissued by a competent judicial or administrative authority in the relevant countrytestifying to good conduct or to any criminal convictions recorded against theindividual.

The Licensing Authority may wish to approach the relevant Embassy or appropriateBody directly to verify the documents provided. The applicant/driver will be advisedof any costs to be incurred and these costs must be met by the applicant/driver.Consent should not be unreasonably withheld. Where necessary documents must betranslated into English or another language by a translator approved by theLicensing Authority. The cost of obtaining an appropriate translation must be met bythe applicant/driver.

All applicants/drivers who have been resident in the UK will be required to obtain anenhanced DBS check for the period of time they have been resident in the UK.

Applicants/drivers who are unable to provide the necessary DBS check orCertificates of Good Conduct to the satisfaction of the Licensing Authority, may beunable to satisfy the Licensing Authority that they are a fit and proper person to holda driver’s licence and the application may be refused or any existing licence may besuspended/revoked. Any person aggrieved by a decision of the Licensing Authorityhas the right of appeal to a Magistrates’ Court.

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PREVENTION OF ILLEGAL WORKING: RIGHT TO WORK IN U.K.

The Council has a duty to ensure that all those individuals it grants a licence to areentitled to work in the UK. For this reason the following documentation must beprovided at your licence renewal appointment. Because the licence is issuedannually or three-yearly, these checks must be carried out in order for the LicensingAuthority to have complied with any legal requirements placed on it.

List A – documents which show an ongoing right to work. If you can providedocuments from list A, you do NOT need to provide any from list B.

1. A passport showing that the holder is a British citizen2. A passport showing that the holder is a citizen of the UK and Colonies having the

right to abode in the UK – passport has a ‘certificate of entitlement to the right ofabode’ in it.

3. A passport showing that the holder is a national of a European Economic Area(EEA) country or Switzerland

4. A residence permit, registration certificate or document certifying or indicatingpermanent residence issued by theHome Office (HO), the Border and Immigration Agency (BIA), a national of anEEA or Switzerland

5. A permanent residence card issued by the HO or BIA to the family member of anational of EEA or Switzerland

6. A Biometric Immigration Document issued by the BIA to the holder whichindicates that the person named in it is allowed to stay indefinitely in the UK orhas no time limit on their stay in the UK

7. A passport or other travel document endorsed to show that the holder is allowedto stay indefinitely in the UK, has the right of abode in the UK or has no time limitto their stay in the UK

Document combinations – one of the following:8. An official document issued by a previous employer or Government agency i.e.

HM Revenue and Customs, Department for Work and Pensions, Jobcentre Plus,the Employment Service, the Training and Employment Agency (NorthernIreland) or the Northern Ireland Social Security Agency, which contains thepermanent National Insurance number and name of the personPlus:

a. An immigration Status Document issued by the HO or the BIA to the holder withan endorsement indicating that the person named in it is allowed to stayindefinitely in the UK or has no time limit on their stay in the UKOr:

b. A full birth certificate/full adoption certificate issued in the UK which includes thename(s) of at least one of the holder’s parentsOr:

c. A birth certificate/adoption certificate issued in the Channel Islands, the Isle ofMan or IrelandOr:

d. A certificate of registration or naturalisation as a British citizenOr:

e. A letter issued by the HO or the BIA to the holder which indicates that the personnamed.

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List B – Documents which show a right to work for up to 12 months (wherethis is applicable the applicant will have to prove their right to work annuallyotherwise their licence will be revoked) (If you can provide documents from listB, you do NOT need to provide any from list A). You will need to provide either1 or 2, with a combination of the following i.e. 3 + a or 3 + b; 4 or 5; 6; 7 or 8.:

1. A passport or travel document endorsed to show that the holder is allowed to stayin the UK and is allowed to do the type of work in question, provided that it doesnot require the issue of a work permit

2. A Biometric Immigration Document issued by the BIA to the holder whichindicates that the person named in it can stay in the UK and is allowed to do thework in question.

Document combinations – first combination:3. A work permit or other approval to take employment issued by the HO or BIA

with:a. A passport or another travel document endorsed to show the holder is allowed

to stay in the UK and is allowed to do the work in questionOr:b. A letter issued by the HO or the BIA to the holder or the employer or

prospective employer confirming the same

Second combination – must be checked by the BIA Employer CheckingService:4. A certificate of application issued by the HO or the BIA to or for a family member

of a national of a EEA country or Switzerland stating that the holder is permittedto take employment which is less than 6 months oldOr:

5. An application registration card issued by the HO or the BIA stating that theholder is permitted to take employment

Third combination:6. A document issued by a previous employer or Government agency e.g. HM

Revenue and Customs, the Department for Work and Pensions, Jobcentre Plus,the Employment Service, the Training and Employment Agency (NorthernIreland) or the Northern Ireland Social Security Agency, which contains theNational Insurance number and name of the holder

One of the following must be provided, if a document showing your NationalInsurance number has previously been provided:7. An Immigration Status Document issued by the HO or the BIA to the holder with

an endorsement indicating that the person named in it can stay in the UK and isallowed to do the type of work in questionOr:

8. A letter issued by the HO or BIA to the holder or the employer or prospectiveemployer, which indicates that the person named in it can stay in the UK and isallowed to do the type of work in question.

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