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Scarborough Borough Council Private Hire & Hackney Carriage Guidance Notes to Applicants 11 February 2015 1 CONTENTS Page DUAL DRIVERS LICENCE - General 3 Medical Report 4 Knowledge Test 4 Driving Licence Check Code 5 Disclosure & Barring Service 5 Principles of the Rehabilitation of Offenders Act 1974 6 Application procedure 7 Licence Period 8 Safeguarding Training 8 Change of details 8 Medical Conditions following the issue of a licence 8 Convictions following the issue of a licence 8 Fees 9-11 These guidance notes are aimed at assisting applicants when making an application. It is is important that applicant’s always refer to Scarborough Borough Council’s Taxi and Private Hire Policy for further detailed information. You are advised to read Scarborough Borough Council’s Taxi & Private Hire Policy before making an application. The Policy is available to view online at www.scarborough.gov.uk All applications should be sent to Licensing Services, St Nicholas Street, Scarborough, YO11 2HG [email protected] www.scarborough.gov.uk @scarborocouncil /scarboroughcouncil 01723 232323 2 DUAL DRIVER'S LICENCE Scarborough Borough Council’s Licensing Authority issues dual driver’s licenses which gives the holder the flexibility to drive either a private hire vehicle or hackney carriage vehicle. A person must be considered as fit and proper to hold a driver’s licence with this authority, a licence cannot be granted to a person who is under 18 years of age or who has not held a full driving licence for a period of 1 year. All applicants are required to complete an application form and are reminded that it is an offence to knowingly or recklessly make any false statement or omit relevant information. Application forms can be downloaded from Scarborough Council’s website or collected from the Customer First Offices, St Nicholas Street, Scarborough. If you are submitting original documents we always advise that you use recorded delivery. The completed application form should be submitted with: • One Passport Photos (no more than 12 months old) • Completed Medical Certificate • Driving Licence Check Code • Completed disclosure application form (Disclosure & Barring Service) & required proofs of ID • Current Drivers Licence • Appropriate fees If you intend to carry wheelchair users in a private hire vehicle or drive a wheelchair accessible hackney carriage, you must also complete and pass a wheelchair accessible vehicle assessment/exercise approved by the Licensing Authority. Further details can be obtained by contacting Licensing Services. All applicants need to be aware that it is a legal requirement under to carry guide, hearing and assistance dogs and a passenger cannot be refused because they have a guide, hearing or assistance dog unless the driver has a medical exemption certificate issued by the Licensing Authority. If a driver fails to comply with this requirement, they will be guilty of a criminal offence and on conviction, liable to a fine of up to £1,000. 3 Medical Report All applicants must submit a medical certificate on the approved form issued by the Council which must be completed and signed by a registered medical practitioner. The medical examination is to be conducted to Group 2 DVLA medical standards for passenger carrying vehicles. It is the applicant's responsibility to arrange for the necessary medical examination at his/her own expense. Your medical examination must be carried out by a GP practitioner who has access to your medical history in order that reference can be made to your medical records. If the medical certificate produced is not satisfactory in any respect, you may be required to provide additional medical evidence concerning your fitness and to submit to a further examination by a doctor selected by the Council. Knowledge Test Drivers must have a good working knowledge of the area within which they intend to work. Therefore to maintain the high standards that the Licensing Authority expects of its drivers, a licence to drive a hackney carriage or private hire vehicle shall not be granted until the applicant has successfully passed this test. The test is in two parts, the first being on the ‘Law and Conditions’ relating to private hire and hackney carriages and the second part of the test relates to ‘Knowledge of the Borough’. A non-refundable fee will be charged to cover the cost of officer time and administration of both the knowledge and geographical tests. An applicant will be given a maximum of 3 attempts in any 6 month period to pass both tests. If an applicant fails on the third occasion a new application and fee will be required. The pass mark for each test is 75%. Both tests must be successfully completed prior to the grant of a licence. Part 1 – Law and Conditions. This will involve all applicants being tested on the basic requirements of hackney carriage and private hire licensing laws and the conditions in the Policy. Part 2 – Knowledge of the Borough. This will involve all applicants being tested on the following and will be relevant to the town/area from which they operate, however applicants are expected to know the key routes within the Borough: • Names of significant roads • Locations of residential areas, caravan sites, holiday parks, hotels and guest houses • Locations of public houses, private and registered clubs 4 • Locations of churches, hospitals, public offices, schools, train and bus stations • Routes to specific destinations This list is not exhaustive. Further information relating to the knowledge can be found in this pack. Driving Licence Check Code - DVLA Mandate As part of the application process we must check the details of your driving licence including any points or disqualifications you may have. Please complete the mandate enclosed with your application pack. Disclosure & Barring Service (DBS) You should be aware that the Licensing Authority is empowered by law to check with the Disclosure & Barring Service for the existence and content of any criminal record in the name of an applicant. Information received from the DBS will be kept in strict confidence while the licensing process takes its course and will be retained for no longer than 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 that may be relevant. Any applicant refused a drivers 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 the Magistrates’ Court. Please refer to the guidance notes on your DBS application before completing the form. You will be required to submit evidence of identity to support your application. 5 Principles of the Rehabilitation of Offenders Act 1974 When considering whether an applicant is a fit and proper person to hold a licence, the Licensing Authority will take into account all warnings, cautions, convictions together with any additional information on the DBS disclosure. The rehabilitation periods to which reference is most commonly made are set out below. For a detailed commentary on the periods of rehabilitation applicable to all sentencing options, reference will need to be made to a specialist textbook on the Act. Further details can be found in the Policy under the title – ‘Protection of the public’. Sentence Rehabilitation Period a) Sentence of imprisonment or detention 10 years exceeding 6 months but not exceeding 30 months. b) Sentence of cashiering, discharge with 10 years ignominy or dismissal with disgrace from Her Majesty’s Service. c) Sentence of imprisonment not exceeding 6 7 years months. d) Sentence of dismissal from Her Majesty’s 7 years Service. e) Sentence of detention in respect of a 5 years conviction in service disciplinary proceedings. f) A fine. 5 years g) Absolute discharge. 6 months h) Conditional discharge. 1 year or date of expiry of order i) Probation Order 5 years 6 DUAL DRIVER APPLICATION PROCEDURE Stage 1 When submitting your application you are advised to first make an appointment with a Licensing Officer. This will help to ensure your application is valid and can be processed as soon as possible. You will be required to submit the following: • Application form (including photographs) • Medical Certificate • DBS Application • Driving Licence check code • Relevant fees • Original evidence of identification If you choose to submit your application by post you are advised to use recorded delivery. Stage 2 Once your application has been accepted your DBS application will be sent off. Please note that the DBS take between 2 to 8 weeks (or longer in some cases) to process your disclosure. In the mean-time you will be sent an appointment by post to attend the Town Hall to sit your Knowledge test. Stage 3 Once you have successfully passed your knowledge test and submitted your DBS disclosure (which will be sent direct to you from the DBS), your completed application will be considered by the Licensing Authority. If your application is granted your licence will be issued within 5 working days and forwarded to you in the post (any original documents will be sent via recorded delivery). In some cases it may be deemed necessary for your application to be determined at a meeting of the Licensing Sub-Committee, the date of which you would be notified of in writing. Licences are valid for a 3 year set period currently 1 Novemver 2013 to 31 October 2016. If you are making an application within the 3 year period the price you pay for your licence will reflect this. You must complete a safeguarding training course within 6 months of the date your licence is issued.

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