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-63507620NEW PRIVATE HIRE DRIVER GUIDANCE PACK INCLUDING: HOW TO APPLY; MINIMUM EXPECTED REQUIREMENTSLEGAL RESTRICTIONS ON GRANT;CONSEQUENCES OF REFUSALVersion 2.0- 1st October 2019BASIC PRINCIPLES FOR A DRIVER APPLICATIONApplicants should be aware that whilst the Council must accept an application from anyone who has the basic minimum driving entitlement the Council has a “Statutory Duty” NOT TO GRANT to any applicant who is not considered “Fit & Proper” for the grant of a licence. Just because a ?20.00 Initial Application Fee has been paid there is no guarantee that any applicant will be granted a licence. Each application must be treated fairly on its’ own merits in the light of Council Policy and any guidance issued by Central Government and the Courts. The over-riding purpose of licensing is ensuring the safety of the travelling public at large and if a doubt as to fitness remains when determining then the Council must refuse to grant a licence. If a doubt as to “Fit & Proper” arises it is the applicant’s responsibility to remove that doubt.This Guidance Pack should be read fully and understood by the applicant personally before they submit the online application and before the DBS application form at the Huyton OSS appointment.HOW TO APPLY ONLINEAs of the 1st October 2019 all new driver applications are now only being accepted online via . Applicants must complete, on-line, the answers to a series of questions and pay the non-refundable ?20.00 initial application part of the fee by card payment online before an application is accepted. When you complete the online process you will need to provide the following information:1. Title, First Name(s) and Surname;2. Full address and postcode;3. Contact telephone number and email address;4. Whether you have EVER used previous names other than your current one;5. Date and Place of Birth and National Insurance Number (NINO);6. DVLA Driving Licence Number (including issue number);7. For private hire this must include the name of the intended Knowsley-licensed private hire operator.8. Please note that all applicants for Knowsley MBC private hire driver licences in submitting an application automatically declare they understand that they can only work through Knowsley-licensed private hire operators if a licence is granted.Shortly after submitting the online application new applicants’ will receive an emailed receipt and an auto response confirming receipt and advising of the current lead in time as to when we are likely to contact them, by email, to offer the first available appointment. Licensing Office hours for new driver applicants?at Huyton are now by appointment only 9.30am to 1.30pm Tuesday to Thursday only (excluding Bank Holidays). Please do not attend the Huyton OSS without an appointment - you will not be dealt with.Attending the Initial Appointment- What you must have with youOnce you have been given an appointment, if you fail to attend without 24 hours prior notice or attend late then your application will be withdrawn without further notice and you will have to reapply and pay the ?20 initial application fee again.When applicants attend they will then be given a DBS Disclosure application form for them to fully and legibly complete IN BLACK INK whilst the online declarations are verified and the mandatory identity document copies are made. Applicants are not allowed to have anyone else to attend the Licensing Counter to assist them.If you have changed names you should produce evidence of the sameDisclosure and Barring Service require the Council to verify and copy at minimum original:Current DVLA licence in the applicant’s current address;Current Passport or Birth Certificate;A Bank statement or Utility Bill (not a mobile bill) which is dated no more than 3 months before and which cannot be printed via the internet.Applicants must also provide full details of their complete unbroken address history for the last 5 years. If you have not continuously lived within the United Kingdom for the last five?years (excluding short holidays of less than three?months) then you will need a Certificate of Good Conduct from your last Country of Residence. This must be translated into English and must be brought with you to your initial appointment. If you need a Certificate and have not yet obtained it then please obtain that Certificate before you book an initial appointmentIf you cannot produce some or any of the above DBS guidance can be found at: The Immigration Agency of the Home Office require the Council to verify proof of every applicant’s right to reside and work within the United Kingdom.?This can be done by producing:Current or expired EU, EEA or UK passport;Birth Certificate with proof of your National Insurance Number (NINO);Home Office-issued Residence Permit;UK Issued Biometric Residence Card;Current UK-issued Immigration Document showing a right to reside and work.The law now requires all applicants to declare their nationality and, if of non-EEC/ non UK origin, to also produce proof of right to work as above.For further guidance as to what “Right to Work” documents can be accepted applicants can see: further guidance on current licence fees etc. please see the link at: Council Policy, disclosing relevant matters and determining “Fit and Proper” statusApplicants are under an absolute Statutory Duty to disclose any relevant convictions, fixed penalties, cautions etc. Private Hire Driver applicants are exempt from the provisions of the Rehabilitation of Offenders Act 1974 and MUST disclose all convictions etc. whether otherwise considered “spent” or “live.” A failure to fully disclose may be viewed as dishonest and could at worst lead to a refusal of a licence. The Council is not just restricted to matters of criminal and motoring convictions and other penalties and sentences in determining if an applicant is “Fit and Proper.” As an example, allegations of unacceptable behaviour towards others may also be considered. In each case in order to comply with the principles of natural justice, applicants will at least be offered a chance to mitigate before a final determination is made. The Council has the option to consider anything falling under the provision “any other reasonable cause” in determining any application.It is expected that, once an application has been accepted but before the grant of a licence the following will have also been achieved:A successful pass of the Essential Skills Assessment [ESA] Session; Attainment of the VRQ or NVQ in Transporting Passengers by Taxi and Private Hire;A successful Medical certification at the applicant’s expense from the applicant’s own GP or Knowsley MBC Occupational Health to the current DVLA Group II Vocational Standard;Payment of the final set licence fee.Table of Specific types of offence- Trigger Points as covered in the PolicyThe Full Council Convictions Policy can be found at: The table below explains in a shortened format the length of time for which a particular offence will usually be considered to breach the Policy on Convictions. When this triggers the Policy the decision is not made by a counter officer under delegated powers but is referred to a Chairperson’s Hearing for enquiry, evidence, mitigation and a final decision to be made. If an applicant has a number of offences which no longer trigger policy the overall offending history will be considered in determining “Fit and Proper”. A series of offences over time is likely to give greater cause for concern and to result in the Council not being able to conclude an applicant to be “Fit and Proper.”Any other unlisted disclosed offences will be treated as the nearest similar offence as shown.Sexual offences will always be referred to a Chairperson’s Hearing for determination of that application.More than one drugs offence may lead to a drugs test at the applicant’s expense being required before a licence can be granted.Type of OffenceMinimum Referral PeriodCalculated from(O) offence Date;(C ) Conviction Date(P) End of Custodial SentenceAll Controlled Drugs OffencesIf evidence of addiction foundFIVE YEARSSEVEN YEARS(O) (C ) (P)(O) (C ) (P)All offences involving sex and/or indecencyOn Sex Offenders RegisterNot on Sex Offenders RegisterUSUALLY REFUSEDTEN YEARS(O) (C ) (P)(O) (C ) (P)All Violence Offences including possession of offensive weapon(s)FIVE YEARS(O) (C ) (P)All Dishonesty Offences (including false declarations/ omissions on licence application)THREE YEARS(O) (C ) (P)Public Order Offence (If no violence/ threats of violence/ harassment)TWO YEARS(O) (C ) (P)Category A Motoring Offences resulting in loss of life:DD80- Death by Dangerous DrivingCD60- Death by Careless Driving;DD60- Death whilst drink drivingDG60- Death whilst drug drivingFIVE YEARSEnd of custodial sentence or return of DVLA licence whichever is longerOne Category B Motoring Offence- Drink or Drug Driving:DG10 Driving under the influence drugsDR10 Driving under the influence alcoholDG30/DR30 Failing or refusing specimenFOUR YEARSEnd of custodial sentence or return of DVLA licence whichever is longerTwo or more Category B Motoring Offences- Drink or Drug Driving:DG10 Driving under the influence drugsDR10 Driving under the influence alcoholDG30/DR30 Failing or refusing specimenFIVE YEARSEnd of custodial sentence or return of DVLA licence whichever is longerAny other Category C offence where exceptionally no disqualification was imposed:DD40- Dangerous DrivingIN10- Driving without insuranceAC10/ AC20- Failing to stop after accidentTWO YEARS (O) , (C )Any other Category C offence where disqualification was imposed:DD40- Dangerous DrivingIN10- Driving without insuranceAC10/ AC20- Failing to stop after accidentTWO YEARS End of custodial sentence or return of DVLA licence whichever is longerAny other Category D Driving offence(s) if less than 6 points imposed by one court and not accrued more than 6 points in totalTHREE YEARS(C ) Warning Letter if disclosed within 7 days/ Referral to Chairs Hearing if not disclosedAny other single Category D offence where 6-10 points were imposed but no disqualification was imposedONE YEAR FREE OF CONVICTION (C ) Referral to Chairs HearingType of OffenceMinimum Referral PeriodCalculated from(O) offence Date;(C ) Conviction Date(P) End of Custodial SentenceAny previous offences committed against the private hire or hackney carriage legislationTHREE YEARS (C ) Warning Letter/ Referral to Chairs Hearing Any previous serious licensing offences, i.e.:Unlawful Plying for HireDriving a HCV/ PHV without the correct licenceTHREE YEARS(C ) Referral to Chairs Hearing Other Council imposed minimum requirementsIn addition to the above no private hire driver licence will be granted until the applicant has passed the following extra requirements:Essential Skills Assessment- this includes: A check of the candidate’s identity via photo card driving licence or passport;Driver awareness video on passenger safety and the dangers of excess speed;A presentation on Safeguarding of Children and Vulnerable Adults and recommended practice if Child Sex Exploitation [CSE] is suspected;A six part multi choice assessment paper made up of: Understanding English based on the CSE presentation - 90% requiredSelecting the shortest route using a map - 75% requiredBasic calculation of fares and passenger's change - 75% requiredAn Efficient Use of an A-Z and a satnav to find locations - 90% requiredDifferences between Hackney Carriage & Private Hire - 66% requiredGeneral Motoring and Licensing awareness questions - 90% requiredAny candidate who fails any one section completely will “FAIL”You are now only permitted two assessment sessions – no more are allowedIf you “fail” twice you will generally be issued with a Notice of Refusal of a licence as having failed to reach the minimum standard required so the council can be sure that you can safely transport the publicIf you are found cheating or suspected of cheating or using a mobile telephone in an assessment session you will generally be issued with a Notice of Refusal of a licence as you will have acted dishonestly and therefore would be considered “not Fit and Proper”As three council SATNAV’s are now available no mobile telephone must be in view during the ESA session. Any candidate found with a mobile telephone in use or on show will be removed from the session and marked as a “fail”. This is due to previous candidates’ failed attempts to cheat.If you do not learn how to effectively use an A-Z before the ESA, you will fail.??VRQ or NVQ Level 2 in Transporting Passengers by Taxi and Private HireEither of these National Qualifications will demonstrate to the Council an awareness of the private hire industry and its rules and restrictions. Many private hire operators and some Trade Union bodies (such as Unite the Union Education branch) provide this training. Some candidates will need to pay (dependant on their personal circumstances) and several training providers currently have access to funding. All applicants are recommended to consult their intended operator for advice or further help can be obtained from Mersey travel at All existing drivers have attained one of these qualifications and no licence will be issued by Knowsley MBC unless proof of attainment has been produced.DVLA Group II Vocational Medical Certification- own General Practitioner or KMBC Occupational Health Unit onlyIn common with all Licensing Authorities Knowsley Council has adopted the DVLA recommendation that all taxi and private hire drivers should be medically tested and certified to the Group II Vocational Medical Standard (the same standard as HGV and PSV drivers).Knowsley MBC has determined that this must be done by a General Practitioner at the applicants’ Registered Surgery. The cost of such a medical is at the applicant’s own expense. The only permitted alternative is for applicants to pay for Licensing to arrange an examination at the Council’s own Occupational Health Unit [OHU] by appointment. Currently the fee for this is ?65.00.In certain cases OHU may decline to do a medical and refer the applicant to their own GP or consultant or an optician.Also any new driver applicant who can prove that they already have a PSV or HGV Group II licence will not, on 1st application, require a medical but any licence issued will be limited to no longer than the HGV/ PSV licence expiry date. Future medicals must then be completed using the above specifications, i.e. own GP or OHU. CONSEQUENCES OF REFUSALShould an application be eventually refused the applicant will receive a Notice explaining why and explaining the right of appeal to the Magistrates’ Court.Should an applicant appeal and lose the appeal the Council will usually ask the court for a costs order in order to recover the cost of depending the appeal.Any Refusal will be entered on the National Anti-Fraud Network NF3 National Register of Revoked and Refused Drivers and should a refused applicant apply to another Licensing Authority there is a duty to declare that refusal and the other Licensing Authority can check the register for a period of 25 years from the date of the refusal. ................
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