Taxi licensing driver suitability consultation

Closes 9 Mar 2025

Criminal offences

A taxi or private hire driver is directly responsible for the safety of their passengers and other road users. They are also in a position of significant control over their passengers, who may be alone or vulnerable.

This means that any criminal convictions will weigh heavily against a licence being granted or retained. 

Reference to convictions for offences within the guidance and our policy also include matters that amount to criminal behaviour, but which have not resulted in a conviction.

In relation to many single convictions, a licence will only be granted after a given period has elapsed following completion of any sentence (or the date of conviction if a fine was imposed).

Except for minor motoring offences, the timescales mentioned do only refer to a single offence. Applicants and licence holders with multiple offences can expect to face stricter consequences.

It is important that the timescales referred to are seen as a guide, so that applicants, decision makers and the public have a clear understanding of how applications that indicate a history of criminal or unacceptable behaviour can expect to be treated.  However, while these policies provide clear guidelines, they do not remove the discretion of the Council to consider exceptional circumstances on a case-by-case basis.

Whilst there is an emphasis on drivers within the guidance, the same policy approach is expected to be taken when considering licensing arrangements for vehicle owners and private hire operators, with the exception of motoring offences in respect of private hire operators.

Where the guidance or policy refers to an applicant, the same policy approach will apply to existing licence holders, whether licence holders are specifically mentioned or not.

1. To what extent do you agree or disagree that we should refuse a licence to a person on a barred list?

More information

A barred list is a register of individuals who are prohibited from working with children or vulnerable adults. In the UK, there are two main barred lists, the Children’s Barred List and the Adults' Barred list, which are maintained by the government's Disclosure and Barring Service.

Both our current policy and the new Suitability Guidance state that a licence will not be granted to a person on a barred list.

2. To what extent do you agree or disagree that we should permanently refuse a licence to a person convicted of a crime which resulted in the death of another person or was intended to cause the death or serious injury of another person?

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Both our current policy and the new Suitability Guidance state that where an applicant or licensee has been convicted of a crime which resulted in the death of another person or was intended to cause the death or serious injury of another person they will not be licensed.

3. To what extent do you agree or disagree that we should permanently refuse a licence to a person who has been convicted of a crime involving or related to the abuse, exploitation, use or treatment of another individual?

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Both our current policy and the new Suitability Guidance state that where an applicant or licensee has been convicted of a crime involving, related to, or connected with the abuse, exploitation, use or treatment of another individual irrespective of whether the victim or victims were adults or children, they will not be licensed. This includes slavery, child sexual exploitation, grooming, psychological, emotional or financial abuse, but this is not an exhaustive list. 

4. To what extent do you agree or disagree that we should permanently refuse a licence to a person convicted of a crime involving or related to criminal harassment, including non-violent stalking?

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The new Suitability Guidance additionally states that where an applicant or licensee has been convicted of a crime involving, related to, or connected to criminal harassment they will not be licensed.  This includes stalking without violence.

5. To what extent do you agree or disagree that, where a person has a conviction for an offence of violence or is connected with any offence of violence, we should not grant them a licence until 10 years have elapsed since the completion of any sentence they served?

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Both our current policy and new Suitability Guidance state that where an applicant has a conviction for an offence of violence, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence they served.

6. To what extent do you agree or disagree that we should permanently refuse a licence to a person convicted of an offence of violence against a child or vulnerable adult?

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The new Suitability Guidance states that where the offence of violence was committed against a child or vulnerable adult a licence will never be granted.

7. To what extent do you agree or disagree that we should expand the definition of violence in our licensing policy to include situations where the victim is put in fear, alarm or distress without any physical contact?

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The new Suitability Guidance states that violence includes situations where the victim is put in fear, alarm or distress without any physical contact.  It is accepted that this concept of 'violence' is wide, but any such behaviour will be of concern.  Offences could involve violence against persons, property, animals or the state.  The guidance does not differentiate between different levels of violence.  It will be for the licensing authority to determine whether there is any justification for changing the delay period before a licence will be issued, depending on the facts of a particular case.   

8. To what extent do you agree or disagree that where a person has a conviction for a public order offence or similar that is not in itself an act of violence, we should not grant a licence until five years have elapsed since their conviction?

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The new Suitability Guidance states that where an applicant has a conviction for a public order offence or similar that is not in itself an act of violence, a licence will not be granted for a period of five years.

9. To what extent do you agree or disagree that where a person has a conviction for possession of a weapon or any other weapon-related offence, we should not grant them a licence until seven years have elapsed since the completion of any sentence they served?

More information

Both our current policy and the new Suitability Guidance state that where an applicant has a conviction for possession of a weapon or any other weapon related offence, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed.

10. To what extent do you agree or disagree that we should permanently refuse a licence to a person has a conviction for any offence involving or connected with illegal sexual activity or any form of indecency?

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Both our current policy and the new Suitability Guidance state that where an applicant has a conviction for any offence involving or connected with illegal sexual activity or any form of indecency, a licence will not be granted.

11. To what extent do you agree or disagree that we should refuse a licence to a person on the Sex Offenders' Register?

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Both our current policy and the new Suitability Guidance state that the licensing authority will not grant a licence to any applicant who is currently on the Sex Offenders Register.

12. To what extent do you agree or disagree that if a person has a conviction for any offence of dishonesty, or any offence where dishonesty is an element of the offence, we should not grant them a licence until seven years have elapsed since the completion of any sentence they served?

More information

Both our current policy and the new Suitability Guidance state that where an applicant has a conviction for any offence of dishonesty, or any offence where dishonesty is an element of the offence, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed.

13. To what extent do you agree or disagree that where a person has a conviction involving or connected with discrimination in any form, we should not grant them a licence until seven years have elapsed since the completion of any sentence they served?

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Both our current policy and the new Suitability Guidance state where an applicant has a conviction involving or connected with discrimination in any form, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed.

14. To what extent do you agree or disagree that we should include non-compliance with the Equalities Act 2010 when considering if someone has committed an offence of discrimination?

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The new Suitability Guidance has included non-compliance with the Equalities Act 2010 in the definition of discrimination offences.  This would include refusal to carry assistance dogs or to provide mobility assistance.