However, as with almost everything there is always the exception to the rule. That is to say, s51 (Private Hire Drivers) s55 (Private Hire Operators) and s59 (Hackney Carriage Drivers) state that ..... "a District Council "shall not" grant a Licence unless they are satisfied that the Applicant is a fit and proper person to hold an".... Drivers and/or Operators Licence as the case may be.

"Fit and Proper" is not defined in the Act of 1976 but is generally accepted as meaning not just the physical fitness of an applicant but also his/her moral fitness and propriety. Therefore, if an Applicant is unable to pass a "Doctor's Medical Examination" or has a serious conviction recorded against him or her or even a string of minor convictions then the Council to whom the Application is made will have the discretion to refuse the Application and in most circumstances do so. It must be remembered that a Council is charged with the duty of protecting the public from unsafe/unscrupulous Drivers/Operators and as such do not usually take that duty lightly.

It should also be noted that the number or seriousness of convictions would not necessarily determine a person's moral fitness. Indeed, unlike in Criminal proceedings a Council, can take into account the behaviour of an Applicant in the past, even where there has been no conviction. Furthermore, unlike in Criminal proceedings a Council and a Court, on an Appeal, can take in to account Hearsay Evidence, as in McCool-v-Rushcliffe Borough Council. Therefore, those cases are authority for the proposition that where an Applicant has escaped a conviction on a technical point, when it comes to determining if he/she is a fit and proper person, the Council and the Court can rely on Evidence not available in the Criminal Proceedings.

There is only one known case (Adamson-v-Waveney District Council QBD 24th January 1997) that lends any assistance to establishing whether a person is fit and proper to hold any of the above mentioned Licenses. Although, that case was primarily concerned with whether or not a Council/Court could rely on Convictions, which the Applicant argued were spent pursuant to the Rehabilitation Of offenders Act 1974. It was held, that convictions that are deemed to be spent could be relied on in limited circumstances and the case also set out the manner in which information about spent convictions could be obtained. In short, it seems "spent convictions" do not have to be disclosed on Application. However, when the Police are asked to provide a printout of the records held on the Police National Computer (PNC) it is at the Discretion of the Chief Constable whether those convictions are disclosed or not. It follows that if a Conviction touches and concerns or is likely to touch and concern the Applicant's role as a Driver/Operator, then details will be disclosed and can properly be relied on.

In 1992 the Department of Transport issued a Circular known as the Department of Transport Circular 2/92, which most Local Authorities rely on in support of their decision to refuse Licenses. This Circular is by far the best way to ascertain in general terms whether or not an Application or Appeal is likely to succeed or fail. It follows that those Guidelines can be helpful to the Applicant depending on the facts of the case.

A broad overview of ANNEX D of the Guidelines provide:

1. Each case shall be decide on its own merits

2. A person with a current conviction for serious crime need not be permanently barred from obtaining a Licence but should be expected to remain free of conviction for 3-5 years according to the circumstances. Some discretion may be appropriate if the offence is isolated and there are mitigating circumstances.

3. Minor Traffic Offences i.e. Obstruction, speeding, should not prevent a person from proceeding with an Application, but should require a caution as to future behaviour

4. Major Traffic Offences i.e. Dangerous/Reckless Driving. One conviction should normally require a warning as to future conduct, more than one conviction within the past two years should merit refusal for 1-3 years

5. Drunkenness With A Motor Vehicle: An isolated incident should require a strict warning as to future conduct. More than one conviction should raise doubts as to the Applicant's fitness. At least 3 years should pass after the DVLA Licence has been restored before an Application is entertained.

6. Drunkenness: (not in a motor vehicle) A warning should be given where the incident is isolated. Where there are a number of convictions then this may indicate a medical problem necessitating critical examination.

7. Drugs: A period of 3 - 5 years free of conviction should be shown before an Application is entertained or 5 years if the Applicant was an addict.

8. Indecency Offences: At least 3-5 years free of conviction should be shown before an Application is entertained and at least 5 years where there is more than one conviction.

9. Violence: At least 3 years free of conviction should be shown before an Application is entertained.

10. Dishonesty: A period of 3-5 years free of conviction should be shown before an Application is entertained.

The above Guidelines are not cast in tablets of stone, and most Council's will exercise discretion. In almost every case, there is something good to say about the Applicant in mitigation and as such an Applicant is advised to prepare his/her case well.

The advice given herein is General Advice only. For advice specific to your particular circumstances you should consult with a Solicitor. This general advice is provided subject to the usual disclaimer that neither Tapin2taxis it's servants, agents or subsidiaries accept liability, legal or otherwise resulting from actions taken on reliance of this advice and/or from any omission of advice.

For details of a Solicitor specialising in this field of work in your area, you should contact the National Private Hire Association on 0161 280 2800. The National Private Hire Association is not financially linked to Tapin2taxis but simply share the common aim of assisting the Hackney Carriage and Private Hire Trade. Members of the National Private Hire Association can in some cases enjoy discounted rates through it's Approved Solicitors and other Service Providers.