Taxi Licence with a Criminal Record: Your UK Guide

For many, the idea of becoming a taxi driver offers an appealing blend of flexible hours and the potential for a reasonable income. It’s a career path that attracts a diverse range of individuals, including those who have a criminal record. Following numerous enquiries to our helpline, it’s clear there’s a significant amount of uncertainty surrounding whether a past conviction will automatically bar someone from obtaining a taxi licence in the UK. The good news is, despite common misconceptions, a criminal record does not automatically prevent you from securing a licence.

The initial costs associated with applying for a licence, the potential complexities of obtaining taxi insurance, and the requirement for an enhanced Disclosure and Barring Service (DBS) check can indeed be daunting. These factors often deter individuals with criminal records from even considering the application process. However, recent data highlights a more optimistic reality. A Freedom of Information request by the BBC earlier this year revealed that across just six councils in the North-West of England, over 300 individuals with convictions have been granted taxi licences since 2012. This demonstrates that while the process requires careful navigation and transparency, a past mistake is not necessarily a permanent roadblock to a new career.

Navigating the Application Process with a Criminal Record

If you're considering a career as a licensed taxi driver, your first port of call will be the licensing unit of your local council. For those aspiring to drive in the capital, Transport for London (TfL) is the relevant authority. It’s crucial to understand that each council operates with slightly different policies when it comes to the disclosure of a criminal record. Some councils may appear more amenable to approving applications from individuals with convictions than others. This variation underscores the importance of conducting thorough research prior to submitting your application. Your nearest council might not always be the most accommodating option, and a little groundwork can significantly improve your chances of success.

As an integral part of the application process, the council will undertake comprehensive checks to ascertain whether you have a criminal record. It is paramount that you possess a clear understanding of what information you are required to disclose and, equally important, how to appeal effectively should your application face refusal. Your ability to disclose your criminal record effectively and transparently can make all the difference in the outcome.

Essential Criteria for a Taxi Licence

While specific criteria can vary slightly between local authorities, there are several fundamental requirements that applicants must generally meet to be considered for a taxi licence. These typically include:

• Possession of a full UK or EU driving licence.
• Undergoing an enhanced Disclosure and Barring Service (DBS) check.
• The ability to secure suitable and adequate taxi insurance.
• Being aged over 18 years, though some areas may require applicants to be 21 or older.

Furthermore, if you have not been a resident in the UK for the preceding five years, some councils may also necessitate a Certificate of Good Conduct. This document can typically be obtained from the relevant embassy in the UK for your country of origin.

Understanding the Types of Taxi Licences

In the UK, there are primarily two distinct types of taxi licences, each catering to a different mode of operation:

Your local council will be able to provide precise details on which licence is most appropriate for your intended work. It's also worth noting that some councils may require an additional licence if you plan to undertake any form of school transport contract work.

Hackney Carriage Licence vs. Private Hire Vehicle Licence

Despite their operational differences, the licensing criteria and qualifications for both Hackney Carriage and Private Hire Vehicle licences are broadly similar. This table provides a quick overview:

Criminal Record Checks: What Licensing Authorities Consider

Regardless of the type of taxi licence you are applying for, all prospective taxi drivers are required to undergo an enhanced Disclosure and Barring Service (DBS) check. This comprehensive check provides the licensing authority with detailed information about an applicant’s criminal history, including both unspent and, importantly, spent convictions. This means that even convictions that are considered "spent" under the Rehabilitation of Offenders Act will be visible and taken into account during the assessment process.

The primary objective of the licensing authority when reviewing an applicant’s criminal record is to ensure public safety and trust. Specifically, they aim to verify:

• That the individual does not pose a threat to the general public.
• That the public are protected from any dishonest individuals.
• The safeguarding of children and young people, particularly given the nature of taxi work often involving vulnerable passengers.

When assessing your criminal record, the licensing authority is expected to consider a range of factors to make a balanced and fair decision. These factors typically include:

• How relevant the offence is to the duties and responsibilities of a taxi driver.
• The seriousness of the offence committed.
• The date of the conviction – how long ago the offence occurred.
• The circumstances surrounding the conviction, including any mitigating factors.
• Your age at the time of the conviction.
• Whether the conviction forms part of a pattern of offending.
• Any other relevant factors that might influence their decision.

The Department for Transport’s "Taxi and Private Hire Vehicle Licensing: Best Practice Guidance" provides further insight, indicating that an applicant is generally less likely to be granted a licence if they have an unspent conviction related to dishonesty, violence, a sexual offence, or an offence concerning alcohol, drugs, or controlled substances. However, it is crucial to reiterate that the presence of such a conviction does not lead to an automatic refusal. As evidenced by Blackpool Council, which has granted licences to many drivers with convictions for theft, burglary, and criminal damage after considering factors like the age of the conviction, the sentence imposed, and the applicant's conduct since the offence, a fair assessment is always the goal.

What If Your Licence Application Is Refused?

Receiving a refusal for your taxi licence application can be disheartening, but it is not necessarily the end of the road. You have statutory rights to appeal the decision. Initially, you can appeal the decision through the licensing authority’s internal appeals panel. This provides an opportunity for your case to be reviewed by a different set of individuals within the council, allowing you to present any additional information or arguments you believe were not fully considered.

Should the licensing committee uphold the refusal, your next step is to appeal to the Magistrates' Court. This appeal must typically be lodged within 21 days of the council's final decision. While this route can be more expensive and may require legal advice, it offers an independent judicial review of your case. Alternatively, if appealing seems too onerous or costly, you might consider applying to a different local council. As previously mentioned, some councils may have different approaches or be more understanding in their treatment of applicants with criminal records, potentially offering a more favourable outcome.

Receiving a Criminal Record While Already Licensed

If you are already a licensed taxi driver and subsequently receive a conviction, caution, or fixed penalty notice, it is a legal requirement to disclose this information to the licensing authority in writing within seven days. Failure to do so could lead to serious repercussions, including the immediate suspension or revocation of your licence.

Upon receiving your disclosure, the licensing authority will carefully consider the seriousness of the new offence, any aggravating or mitigating factors surrounding it, and your overall driving history. Based on this assessment, they will decide what, if any, action to take. This could range from a warning to the suspension or even permanent revocation of your licence. In such circumstances, you retain the right to appeal the decision, either through the licensing committee’s internal process or directly to the Magistrates' Court, similar to the process for an initial licence refusal.

Securing Taxi Insurance with a Conviction

One critical aspect of becoming a taxi driver, particularly if you have a criminal record, is obtaining suitable taxi insurance. Standard car insurance policies, even those that include cover for business use, will not suffice for taxi operations. You will require a specific taxi insurance policy, which is generally more expensive than ordinary car insurance. This is because insurers often perceive taxi driving as carrying a higher risk of accidents due to the increased mileage, urban driving, and passenger transport.

If you have an unspent conviction, especially if it relates to a motoring offence, this will almost certainly add to the expense of your taxi insurance premiums. Insurers view such convictions as an indicator of increased risk. It is highly advisable to discuss the likely cost of insurance with a specialist broker who deals specifically with taxi insurance. They can navigate the market to find the most competitive quotes and advise on how your specific criminal record might impact your premiums, helping you budget effectively for this essential requirement.

Understanding Taxi Touting and the Law

Beyond the licensing process, it is vital for aspiring and current taxi drivers to understand the legalities surrounding how they seek fares. The act of "touting" for hire car services is a specific offence under UK law. Section 167 of the Criminal Justice and Public Order Act 1994 makes it an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.

This prohibition is designed to prevent unlicensed individuals or vehicles from operating illegally and to protect the public from potentially unsafe or unregulated services. The law clarifies that merely displaying a "for hire" sign on a vehicle does not constitute touting. Furthermore, there are specific exemptions where soliciting is permitted, such as under schemes for shared taxis as outlined in section 10 of the Transport Act 1985, or when soliciting passengers for public service vehicles (PSVs) on behalf of a PSV operator’s licence holder who has given their authority.

A person found guilty of an offence under Section 167 of the Criminal Justice and Public Order Act 1994 is liable on summary conviction to a fine not exceeding Level 4 on the standard scale. This highlights the seriousness with which this offence is regarded and underscores the importance of only operating within the bounds of your licence and avoiding any form of illegal solicitation.

Frequently Asked Questions About Taxi Licensing and Criminal Records

Will a criminal record automatically prevent me from getting a taxi licence?

No, a criminal record will not automatically stop you from obtaining a taxi licence in the UK. Licensing authorities, typically your local council or Transport for London, assess applications on a case-by-case basis, considering various factors related to your conviction and your conduct since the offence.

What type of criminal record check is required for a taxi licence?

All taxi driver applicants are required to undergo an enhanced Disclosure and Barring Service (DBS) check. This check will reveal both unspent and spent convictions, as well as cautions and other relevant information held by the police.

Do all councils treat criminal records the same way during the licensing process?

No, councils can have slightly different approaches and criteria for dealing with the disclosure of a criminal record. Some may be more willing to approve applications than others, making it advisable to research different councils' policies before applying.

What factors do licensing authorities consider when assessing a criminal record?

Licensing authorities typically consider the relevance and seriousness of the offence, the date of the conviction, the circumstances surrounding it, your age at the time, and whether the conviction is part of a pattern of offending. Their aim is to ensure public safety, honesty, and the safeguarding of vulnerable individuals.

What should I do if I receive a new conviction after I already have my taxi licence?

If you already hold a taxi licence and receive a new conviction, caution, or fixed penalty notice, you are legally obligated to disclose this in writing to your licensing authority within seven days. Failure to do so can lead to suspension or revocation of your licence.

Is "touting" for taxi fares a criminal offence in the UK?

Yes, soliciting persons to hire vehicles in a public place is generally an offence under Section 167 of the Criminal Justice and Public Order Act 1994, known as touting. There are specific exemptions, such as for licensed shared taxi schemes or authorised PSV operations, but otherwise, it carries a fine.

Becoming a taxi driver with a criminal record is a journey that requires diligence, honesty, and persistence. By understanding the licensing requirements, preparing for the necessary checks, and knowing your rights to appeal, you can significantly improve your chances of embarking on a rewarding career behind the wheel.

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