Licensing of Drivers. 2.1 The Council has a duty to grant a driver's licence to anyone who applies for a licence, who holds a full driving licence (or is otherwise authorised to drive under the Road Traffic Act 1988). The licence or authorisation must have been held for at least 3 years at the time of application. However, the Council must not grant a licence unless it is satisfied that the driver is a fit and proper person to hold such a licence. 2.2 Uttlesford District Council issue two driver’s licences: • A Private Hire Driver’s Licence – this means the driver can only drive Private Hire Vehicles • A Combined Xxxxxxx carriage and Private Hire Driver’s licence. This allows drivers to drive both private hire and Xxxxxxx carriages. Please note the drivers of these licences must pass the routes and knowledge test at the compulsory Uttlesford Training Day which will be introduced in Spring 2021. 2.3 In determining whether someone is a fit and proper person, councils are entitled to have policies. Uttlesford District Council's Suitability Policy can be found in Appendix I. It sets out the standards expectedof those who applyfor, or hold, licencesto drive Hackneycarriagesand/or private hire vehicles. 2.4 The policy is not binding upon the Council. However, applicants who do not meet all the licensing standards will only be granted a licence if there are good grounds for departing from the Council's policy. The burden of proof is upon the applicant to satisfy the Council that he or she is a fit and proper person. 2.5 The fact that someone meets the licensing standards is not a guarantee that a licence will be granted. There may be reasons why an applicant may be considered not to be a fit and proper person even though he or she meets licensing standards. Conversely, there will be cases where someone does not meet the licensing standards but, nevertheless, the Council is satisfied that he or she is a fit and proper person so that a licence can be issued. Each case is decided upon its merits. Where an applicant does not meet the Council's medical standards the application will be considered on a risk basis and a licence may be granted if the Council is satisfied that the applicant will be safe to drive. 2.6 An enhanced DBS check shall be undertaken upon application (either new or renewal) and all currently licensed drivers will at the point of renewal be required to subscribe to the DBS Update Service within the specified timescale of receiving their DBS Certificate. Periodically, officers of the Council will undertake an online check of the DBS Update Service to check the driver’s current status. Depending on what is revealed from the online status check, the Council may require an additional DBS check to be undertaken. All licensed drivers will be required to renew their subscription to the DBS Update Service on an annual basis, before their current subscription ends, should they wish to continue to hold an Uttlesford Council issued driver’s licence. Where an individual fails to maintain and/or renew their subscription before it ends, then they will be required to apply for a new Enhanced DBS Check and register for the Update Service again. Licensed drivers will need to retain their DBS Certificate once they have subscribed as this will need to be provided to the officer undertaking the online check. 2.7 The Environmental Health Manager (Commercial) or their nominee has delegated authority to grant licences where applicants meet the Council's licensing standards. However, there will be occasions when it is felt that the decision would be better taken by Members (e.g. the number or nature of spent convictions; police intelligence revealed by the enhanced DBS check; false statements made by an applicant on the application for the licence etc.). In such cases the application may be referred to the Licensing and Environmental Health Committee for determination. 2.8 The Environmental Health Manager (Commercial) or their nominee, in consultation with the Council’s Legal Advisor and the Chair of the Licensing and Environmental Health Committee, has delegated authority to refuse a licence when the applicant does not meet the Council's licensing standards. The Environmental Health Manager (Commercial) or their nominee can grant a licence in such cases but only if they consider the circumstances are such that an exception to policy should be made. The Environmental Health Manager (Commercial) or their nominee may also choose to refer the application to the Licensing and Environmental Health Committee for determination. 2.9 The Environmental Health Manager (Commercial) or their nominee may refer a driver or operator to the Committee at any time for the Committee to consider the revocation of a licence where in the opinion of the Environmental Health Manager (Commercial) or their nominee there are grounds to consider that the driver may no longer be a fit and proper person. The Environmental Health Manager (Commercial) or their nominee may take such action notwithstanding the fact that the driver meets the licensing standards set out in the Suitability Policy. 2.10 Where a decision is taken to grant or refuse an application for a licence which is contrary to the Council's policy, clear reasons for that decision will be given in writing. 2.11 Where applications for licences are refused, the applicants have a right of appeal against that decision to the Magistrates Court. Details of the appeal procedure will be given to unsuccessful applicants along with the written notice of the decision, but for the avoidance of doubt, it should be made clear that in the case of a refusal the Court has no power to grant a licence. 2.12 The Council may search public databases to assist in determining whether applicants are fit and proper persons to hold a licence. They will upload data to the same databases and share information when appropriate and lawful to do so. (Appendix G) 2.13 All new applicants must have held a full UK driving licence for 3 years. at the time of application. They also are required to pass the Council’s approved driving test. (Appendix K) 2.14 Once available all drivers must pass an Uttlesford training day before being granted a licence.(Appendix L) Once available the training day must be taken. • before a licence is granted (either on first application or upon renewal) • or within a specified time frame
Appears in 1 contract
Samples: Licensing Policy
Licensing of Drivers. 2.1 The Council has a duty to grant a driver's licence to anyone who applies for a licence, who holds a full driving licence (or is otherwise authorised to drive under the Road Traffic Act 1988). The licence or authorisation must have been held for at least 3 years at the time of application. However, the Council must not grant a licence unless it is satisfied that the driver is a fit and proper person to hold such a licence.
2.2 Uttlesford District Council issue two driver’s licences: • A Private Hire Driver’s Licence – this means the driver can only drive Private Hire Vehicles • A Combined Xxxxxxx carriage and Private Hire Driver’s licence. This allows drivers to drive both private hire and Xxxxxxx carriages. Please note the drivers of these licences must pass the routes and knowledge test at the compulsory Uttlesford Training Day which will be introduced in Spring 2021.
2.3 In determining whether someone is a fit and proper person, councils are entitled to have policies. Uttlesford District Council's Suitability Policy can be found in Appendix I. It sets out the standards expectedof those who applyfor, or hold, licencesto drive Hackneycarriagesand/or private hire vehicles.
2.4 The policy is not binding upon the Council. However, applicants who do not meet all the licensing standards will only be granted a licence if there are good grounds for departing from the Council's policy. The burden of proof is upon the applicant to satisfy the Council that he or she is a fit and proper person.
2.5 The fact that someone meets the licensing standards is not a guarantee that a licence will be granted. There may be reasons why an applicant may be considered not to be a fit and proper person even though he or she meets licensing standards. Conversely, there will be cases where someone does not meet the licensing standards but, nevertheless, the Council is satisfied that he or she is a fit and proper person so that a licence can be issued. Each case is decided upon its merits. Where an applicant does not meet the Council's medical standards the application will be considered on a risk basis and a licence may be granted if the Council is satisfied that the applicant will be safe to drive.
2.6 An enhanced DBS check shall be undertaken upon application (either new or renewal) and all currently licensed drivers will at the point of renewal be required to subscribe to the DBS Update Service within the specified timescale of receiving their DBS Certificate. Periodically, officers of the Council will undertake an online check of the DBS Update Service to check the driver’s current status. Depending on what is revealed from the online status check, the Council may require an additional DBS check to be undertaken. All licensed drivers will be required to renew their subscription to the DBS Update Service on an annual basisbasis if practicable for them to do so, before their current subscription ends, should they wish to continue to hold an Uttlesford Council issued driver’s licence. Where an individual fails to maintain and/or renew their subscription before it endsends or is unable to so subscribe, then they will be required to apply for a new Enhanced DBS Check and at regular intervals the Council may in its absolute discretion prescribe and/or seek to register for the Update Service again. Licensed drivers will need to retain their DBS Certificate once they have subscribed as this will need to be provided to the officer undertaking the online check.
2.7 The Environmental Health Manager (Commercial) or their nominee has delegated authority to grant licences where applicants meet the Council's licensing standards. However, there will be occasions when it is felt that the decision would be better taken by Members (e.g. the number or nature of spent convictions; police intelligence revealed by the enhanced DBS check; false statements made by an applicant on the application for the licence etc.). In such cases the application may be referred to the Licensing and Environmental Health Committee for determination.
2.8 The Environmental Health Manager (Commercial) or their nominee, in consultation with the Council’s Legal Advisor and the Chair of the Licensing and Environmental Health Committee, has delegated authority to refuse a licence when the applicant does not meet the Council's licensing standards. The Environmental Health Manager (Commercial) or their nominee can grant a licence in such cases but only if they consider the circumstances are such that an exception to policy should be made. The Environmental Health Manager (Commercial) or their nominee may also choose to refer the application to the Licensing and Environmental Health Committee for determination.
2.9 The Environmental Health Manager (Commercial) or their nominee may refer a driver or operator to the Committee at any time for the Committee to consider the revocation of a licence where in the opinion of the Environmental Health Manager (Commercial) or their nominee there are grounds to consider that the driver may no longer be a fit and proper person. The Environmental Health Manager (Commercial) or their nominee may take such action notwithstanding the fact that the driver meets the licensing standards set out in the Suitability Policy.
2.10 Where a decision is taken to grant or refuse an application for a licence which is contrary to the Council's policy, clear reasons for that decision will be given in writing.
2.11 Where applications for licences are refused, the applicants have a right of appeal against that decision to the Magistrates Court. Details of the appeal procedure will be given to unsuccessful applicants along with the written notice of the decision, but for the avoidance of doubt, it should be made clear that in the case of a refusal the Court has no power to grant a licence.
2.12 The Council may search public databases to assist in determining whether applicants are fit and proper persons to hold a licence. They will upload data to the same databases and share information when appropriate and lawful to do so. (Appendix G)
2.13 All new applicants must have held a full UK driving licence for 3 years. at the time of application. They also are required to pass the Council’s approved driving test. (Appendix K)
2.14 Once available all drivers must pass an Uttlesford training day before being granted a licence.(Appendix L) Once available the training day must be taken. • before a licence is granted (either on first application or upon renewal) • or within a specified time frame
Appears in 1 contract
Samples: Licensing Policy
Licensing of Drivers. 2.1 The Council has a duty to grant a driver's licence to anyone who applies for a licence, who holds a full driving licence (or is otherwise authorised to drive under the Road Traffic Act 1988). The licence or authorisation must have been held for at least 3 years at the time of application. However, the Council must not grant a licence unless it is satisfied that the driver is a fit and proper person to hold such a licence.
2.2 Uttlesford District Council issue two driver’s licences: • A Private Hire Driver’s Licence – this means the driver can only drive Private Hire Vehicles • A Combined Xxxxxxx carriage and Private Hire Driver’s licence. This allows drivers to drive both private hire and Xxxxxxx carriages. Please note the drivers of these licences must pass the routes and knowledge test at the compulsory Uttlesford Training Day which will be introduced in Spring 2021.
2.3 In determining whether someone is a fit and proper person, councils are entitled to have policies. Uttlesford District Council's Suitability Policy can be found in Appendix I. It sets out the standards expectedof expected of those who applyforapply for, or hold, licencesto drive Hackneycarriagesand/or Xxxxxxx carriages and/or private hire vehicles.
2.4 The policy is not binding upon the Council. However, applicants who do not meet all the licensing standards will only be granted a licence if there are good grounds for departing from the Council's policy. The burden of proof is upon the applicant to satisfy the Council that he or she is a fit and proper person.
2.5 The fact that someone meets the licensing standards is not a guarantee that a licence will be granted. There may be reasons why an applicant may be considered not to be a fit and proper person even though he or she meets licensing standards. Conversely, there will be cases where someone does not meet the licensing standards but, nevertheless, the Council is satisfied that he or she is a fit and proper person so that a licence can be issued. Each case is decided upon its merits. Where an applicant does not meet the Council's medical standards the application will be considered on a risk basis and a licence may be granted if the Council is satisfied that the applicant will be safe to drive.
2.6 An enhanced DBS check shall be undertaken upon application (either new or renewal) and all currently licensed drivers will at the point of renewal be required to subscribe to the DBS Update Service within the specified timescale of receiving their DBS Certificate. Periodically, officers of the Council will undertake an online check of the DBS Update Service to check the driver’s current status. Depending on what is revealed from the online status check, the Council may require an additional DBS check to be undertaken. All licensed drivers will be required to renew their subscription to the DBS Update Service on an annual basisbasis if practicable for them to do so, before their current subscription ends, should they wish to continue to hold an Uttlesford Council issued driver’s licence. Where an individual fails to maintain and/or renew their subscription before it endsends or is unable to so subscribe, then they will be required to apply for a new Enhanced DBS Check and at regular intervals the Council may in its absolute discretion prescribe and/or seek to register for the Update Service again. Licensed drivers will need to retain their DBS Certificate once they have subscribed as this will need to be provided to the officer undertaking the online check.
2.7 The Environmental Health Manager (Commercial) or their nominee has delegated authority to grant licences where applicants meet the Council's licensing standards. However, there will be occasions when it is felt that the decision would be better taken by Members (e.g. the number or nature of spent convictions; police intelligence revealed by the enhanced DBS check; false statements made by an applicant on the application for the licence etc.). In such cases the application may be referred to the Licensing and Environmental Health Committee for determination.
2.8 The Environmental Health Manager (Commercial) or their nominee, in consultation with the Council’s Legal Advisor and the Chair of the Licensing and Environmental Health Committee, has delegated authority to refuse a licence when the applicant does not meet the Council's licensing standards. The Environmental Health Manager (Commercial) or their nominee can grant a licence in such cases but only if they consider the circumstances are such that an exception to policy should be made. The Environmental Health Manager (Commercial) or their nominee may also choose to refer the application to the Licensing and Environmental Health Committee for determination.
2.9 The Environmental Health Manager (Commercial) or their nominee may refer a driver or operator to the Committee at any time for the Committee to consider the revocation of a licence where in the opinion of the Environmental Health Manager (Commercial) or their nominee there are grounds to consider that the driver may no longer be a fit and proper person. The Environmental Health Manager (Commercial) or their nominee may take such action notwithstanding the fact that the driver meets the licensing standards set out in the Suitability Policy.
2.10 Where a decision is taken to grant or refuse an application for a licence which is contrary to the Council's policy, clear reasons for that decision will be given in writing.
2.11 Where applications for licences are refused, the applicants have a right of appeal against that decision to the Magistrates Court. Details of the appeal procedure will be given to unsuccessful applicants along with the written notice of the decision, but for the avoidance of doubt, it should be made clear that in the case of a refusal the Court has no power to grant a licence.
2.12 The Council may search public databases to assist in determining whether applicants are fit and proper persons to hold a licence. They will upload data to the same databases and share information when appropriate and lawful to do so. (Appendix G)
2.13 All new applicants must have held a full UK driving licence for 3 years. at the time of application. They also are required to pass the Council’s approved driving test. (Appendix K)
) 2.14 Once available all drivers must pass an Uttlesford training day before being granted a licence.(Appendix L) Once available the training day must be taken. • before a licence is granted (either on first application or upon renewal) • or within a specified time frame
Appears in 1 contract
Samples: Licensing Policy
Licensing of Drivers. 2.1 The Council has a duty to grant a driver's licence to anyone who applies for a licence, who holds a full driving licence (or is otherwise authorised to drive under the Road Traffic Act 1988). The licence or authorisation must have been held for at least 3 years at the time of application. However, the Council must not grant a licence unless it is satisfied that the driver is a fit and proper person to hold such a licence.
2.2 Uttlesford District Council issue two driver’s licences: • A Private Hire Driver’s Licence – this means the driver can only drive Private Hire Vehicles • A Combined Xxxxxxx carriage and Private Hire Driver’s licence. This allows drivers to drive both private hire and Xxxxxxx carriages. Please note the drivers of these licences must pass the routes and knowledge test at the compulsory Uttlesford Training Day which will be introduced in Spring 2021.
2.3 In determining whether someone is a fit and proper person, councils are entitled to have policies. Uttlesford District Council's Suitability Policy can be found in Appendix I. It sets out the standards expectedof expected of those who applyfor, or hold, licencesto licences to drive Hackneycarriagesand/or private hire vehicles.
2.4 The policy is not binding upon the Council. However, applicants who do not meet all the licensing standards will only be granted a licence if there are good grounds for departing from the Council's policy. The burden of proof is upon the applicant to satisfy the Council that he or she is a fit and proper person.
2.5 The fact that someone meets the licensing standards is not a guarantee that a licence will be granted. There may be reasons why an applicant may be considered not to be a fit and proper person even though he or she meets licensing standards. Conversely, there will be cases where someone does not meet the licensing standards but, nevertheless, the Council is satisfied that he or she is a fit and proper person so that a licence can be issued. Each case is decided upon its merits. Where an applicant does not meet the Council's medical standards the application will be considered on a risk basis and a licence may be granted if the Council is satisfied that the applicant will be safe to drive.
2.6 An enhanced DBS check shall be undertaken upon application (either new or renewal) and all currently licensed drivers will at the point of renewal be required to subscribe to the DBS Update Service within the specified timescale of receiving their DBS Certificate. Periodically, officers of the Council will undertake an online check of the DBS Update Service to check the driver’s current status. Depending on what is revealed from the online status check, the Council may require an additional DBS check to be undertaken. All licensed drivers will be required to renew their subscription to the DBS Update Service on an annual basisbasis if practicable for them to do so, before their current subscription ends, should they wish to continue to hold an Uttlesford Council issued driver’s licence. Where an individual fails to maintain and/or renew their subscription before it endsends or is unable to so subscribe, then they will be required to apply for a new Enhanced DBS Check and at regular intervals the Council may in its absolute discretion prescribe and/or seek to register for the Update Service again. Licensed drivers will need to retain their DBS Certificate once they have subscribed as this will need to be provided to the officer undertaking the online check.
2.7 The Environmental Health Manager (Commercial) or their nominee has delegated authority to grant licences where applicants meet the Council's licensing standards. However, there will be occasions when it is felt that the decision would be better taken by Members (e.g. the number or nature of spent convictions; police intelligence revealed by the enhanced DBS check; false statements made by an applicant on the application for the licence etc.). In such cases the application may be referred to the Licensing and Environmental Health Committee for determination.
2.8 The Environmental Health Manager (Commercial) or their nominee, in consultation with the Council’s Legal Advisor and the Chair of the Licensing and Environmental Health Committee, has delegated authority to refuse a licence when the applicant does not meet the Council's licensing standards. The Environmental Health Manager (Commercial) or their nominee can grant a licence in such cases but only if they consider the circumstances are such that an exception to policy should be made. The Environmental Health Manager (Commercial) or their nominee may also choose to refer the application to the Licensing and Environmental Health Committee for determination.
2.9 The Environmental Health Manager (Commercial) or their nominee may refer a driver or operator to the Committee at any time for the Committee to consider the revocation of a licence where in the opinion of the Environmental Health Manager (Commercial) or their nominee there are grounds to consider that the driver may no longer be a fit and proper person. The Environmental Health Manager (Commercial) or their nominee may take such action notwithstanding the fact that the driver meets the licensing standards set out in the Suitability Policy.
2.10 Where a decision is taken to grant or refuse an application for a licence which is contrary to the Council's policy, clear reasons for that decision will be given in writing.
2.11 Where applications for licences are refused, the applicants have a right of appeal against that decision to the Magistrates Court. Details of the appeal procedure will be given to unsuccessful applicants along with the written notice of the decision, but for the avoidance of doubt, it should be made clear that in the case of a refusal the Court has no power to grant a licence.
2.12 The Council may search public databases to assist in determining whether applicants are fit and proper persons to hold a licence. They will upload data to the same databases and share information when appropriate and lawful to do so. (Appendix G)
2.13 All new applicants must have held a full UK driving licence for 3 years. at the time of application. They also are required to pass the Council’s approved driving test. (Appendix K)
2.14 Once available all drivers must pass an Uttlesford training day before being granted a licence.(Appendix L) Once available the training day must be taken. • before a licence is granted (either on first application or upon renewal) • or within a specified time frame
Appears in 1 contract
Samples: Licensing Policy
Licensing of Drivers.
2.1 The Council has a duty to grant a driver's licence to anyone who applies for a licence, who holds a full driving licence (or is otherwise authorised to drive under In accordance with the Road Traffic Act 1988). The licence or authorisation must have been held for at least 3 years at the time of application. Howeverrelevant Acts, the Council must not grant a licence unless it is be satisfied that the driver an applicant is considered to be a ‘fit and proper proper’ person to hold such a licencePrivate Hire or Xxxxxxx Carriage Driver’s licence in order to have one granted. Once granted, this extends to the duration of the licence and where the Council has information to suggest the holder is no longer ‘fit and proper’ the licence will be suspended or revoked.
2.2 Uttlesford District Council issue two driver’s three types of driver licences: • A Private Hire Driver’s Licence – this o This means the driver can only drive Private Hire Vehicles • A Combined Xxxxxxx carriage and Carriage & Private Hire Driver’s licence. Licence o This allows drivers to drive both private hire Private Hire and Xxxxxxx carriagesCarriage vehicles. Please note • Restricted Home to School Private Hire Driver’s Licence o This means the drivers driver can only drive Private Hire Vehicles that are being used under a Home to School contract issued by a Local Education Authority or Academy Trust. Contracted weekly boarder transport to boarding schools inside and outside of these licences must pass the routes Essex borders. Adult social care (ASC) transporting adults (16+) from home/place of residence to centres including colleges, Learning centres, care homes, respite, and knowledge test at the compulsory Uttlesford Training Day which will be introduced in Spring 2021activity centres. NHS transport.
2.3 In determining whether someone is a fit and proper person, councils Councils are entitled to have policies. Uttlesford District Council's Suitability Policy can be found in Appendix I. AppendixI. It sets out the outthe standards expectedof expected of those who applyforapply for, or hold, licencesto licences to drive Hackneycarriagesand/or private hire Xxxxxxx Carriage and/or Private Hire vehicles.
2.4 The policy is not binding upon the Council. However, applicants who do not meet all the licensing standards will only be granted a licence if there are good grounds for departing from the Council's policy. The burden of proof is upon the applicant to satisfy the Council that he or she is a fit and proper person.
2.5 The fact that someone meets the licensing standards is not a guarantee that a licence will be granted. There may be reasons why an applicant may be considered not to be a fit and proper person even though he or she meets licensing standards. Conversely, there will be cases where someone does not meet the licensing standards but, nevertheless, the Council is satisfied that he or she is a fit and proper person so that a licence can be issued. Each case is decided upon its merits. Where an applicant does not meet the Council's medical standards the application will be considered on a risk basis and a licence may be granted if the Council is satisfied that the applicant will be safe to drive.
2.6 An enhanced DBS check shall be undertaken upon application (either new or renewal) and all currently licensed drivers will at the point of renewal be required to subscribe to the DBS Update Service within the specified timescale of receiving their DBS Certificate. Periodically, officers of the Council will undertake an online check of the DBS Update Service to check the driver’s current status. Depending on what is revealed from the online status check, the Council may require an additional DBS check to be undertaken. All licensed drivers will be required to renew their subscription to the DBS Update Service on an annual basisbasis if practicable for them to do so, before their current subscription ends, should they wish to continue to hold an Uttlesford Council issued driver’s licence. Where an individual fails to maintain and/or renew their subscription before it endsends or is unable to so subscribe, then they will be required to apply for a new Enhanced DBS Check and at regular intervals the Council may in its absolute discretion prescribe and/or seek to register for the Update Service again. Licensed drivers will need to retain their DBS Certificate once they have subscribed as this will need to be provided to the officer undertaking the online check.
2.7 The Environmental Health Manager (Commercial) or their nominee has delegated authority to grant licences where applicants meet the Council's licensing standards. However, there will be occasions when it is felt that the decision would be better taken by Members (e.g. the number or nature of spent convictions; police intelligence revealed by the enhanced DBS check; false statements made by an applicant on the application for the licence (etc.). In such cases the application may be referred to the Licensing and Environmental Health Committee for determination.
2.8 The Environmental Health Manager (Commercial) or their nominee, in consultation with the Council’s Legal Advisor Adviser and the Chair of the Licensing and Environmental Health Committee, has delegated authority to refuse a licence when the applicant does not meet the Council's licensing standards. .
2.9 The Environmental Health Manager (Commercial) or their nominee can grant a licence in such cases but only if they consider the circumstances are such that an exception to policy should be made. The Environmental Health Manager (Commercial) or their nominee may also choose to refer the application to the Licensing and Environmental Health Committee for determination.
2.9 2.10 The Environmental Health Manager (Commercial) or their nominee may refer a driver or operator to the Committee at any time for the Committee to consider the revocation of a licence where in the opinion of the Environmental Health Manager (Commercial) or their nominee there are grounds to consider that the driver may no longer be a fit and proper person. The Environmental Health Manager (Commercial) or their nominee may take such action notwithstanding the fact that the driver meets the licensing standards set out in the Suitability Policy.
2.10 2.11 Where a decision is taken to grant or refuse an application for a licence which is contrary to the Council's policy, clear reasons for that decision will be given in writing.
2.11 2.12 Where applications for licences are refused, the applicants have a right of appeal against that decision to the Magistrates Court. Details of the appeal procedure will be given to unsuccessful applicants along with the written notice of the decision, but for the avoidance of doubt, it should be made clear that in the case of a refusal the Court has no power to grant a licence.
2.12 2.13 The Council may search public databases to assist in determining whether applicants are fit and proper persons to hold a licence. They will upload data to the same databases and share information when appropriate and lawful to do so. (Appendix G)
2.13 2.14 All new applicants must have held a full UK driving licence for 3 years. years at the time of application. They also are required to pass the Council’s approved driving test. (Appendix K)
2.14 Once available all 2.15 All drivers must pass an Uttlesford training day before being granted a licence.(Appendix L) Once available the The training day must be taken. • before a licence is granted (either on first application or upon renewal) • or within a specified time frame
Appears in 1 contract
Samples: Licensing Policy
Licensing of Drivers. 2.1 The Council has a duty to grant a driver's licence to anyone who applies for a licence, who holds a full driving licence (or is otherwise authorised to drive under the Road Traffic Act 1988). The licence or authorisation must have been held for at least 3 years at the time of application. However, the Council must not grant a licence unless it is satisfied that the driver is a fit and proper person to hold such a licence.
2.2 Uttlesford District Council issue two driver’s licences: • A Private Hire Driver’s Licence – this means the driver can only drive Private Hire Vehicles • A Combined Xxxxxxx carriage and Private Hire Driver’s licence. This allows drivers to drive both private hire and Xxxxxxx carriages. Please note the drivers of these licences must pass the routes and knowledge test at the compulsory Uttlesford Training Day which will be introduced in Spring 2021.
2.3 In determining whether someone is a fit and proper person, councils are entitled to have policies. Uttlesford District Council's Suitability Policy can be found in Appendix I. It sets out the standards expectedof expected of those who applyfor, or hold, licencesto licences to drive Hackneycarriagesand/or private hire vehicles.
2.4 The policy is not binding upon the Council. However, applicants who do not meet all the licensing standards will only be granted a licence if there are good grounds for departing from the Council's policy. The burden of proof is upon the applicant to satisfy the Council that he or she is a fit and proper person.
2.5 The fact that someone meets the licensing standards is not a guarantee that a licence will be granted. There may be reasons why an applicant may be considered not to be a fit and proper person even though he or she meets licensing standards. Conversely, there will be cases where someone does not meet the licensing standards but, nevertheless, the Council is satisfied that he or she is a fit and proper person so that a licence can be issued. Each case is decided upon its merits. Where an applicant does not meet the Council's medical standards the application will be considered on a risk basis and a licence may be granted if the Council is satisfied that the applicant will be safe to drive.
2.6 An enhanced DBS check shall be undertaken upon application (either new or renewal) and all currently licensed drivers will at the point of renewal be required to subscribe to the DBS Update Service within the specified timescale of receiving their DBS Certificate. Periodically, officers of the Council will undertake an online check of the DBS Update Service to check the driver’s current status. Depending on what is revealed from the online status check, the Council may require an additional DBS check to be undertaken. All licensed drivers will be required to renew their subscription to the DBS Update Service on an annual basis, before their current subscription ends, should they wish to continue to hold an Uttlesford Council issued driver’s licence. Where an individual fails to maintain and/or renew their subscription before it ends, then they will be required to apply for a new Enhanced DBS Check and register for the Update Service again. Licensed drivers will need to retain their DBS Certificate once they have subscribed as this will need to be provided to the officer undertaking the online check.
2.7 The Environmental Health Manager (Commercial) or their nominee has delegated authority to grant licences where applicants meet the Council's licensing standards. However, there will be occasions when it is felt that the decision would be better taken by Members (e.g. the number or nature of spent convictions; police intelligence revealed by the enhanced DBS check; false statements made by an applicant on the application for the licence etc.). In such cases the application may be referred to the Licensing and Environmental Health Committee for determination.
2.8 The Environmental Health Manager (Commercial) or their nominee, in consultation with the Council’s Legal Advisor and the Chair of the Licensing and Environmental Health Committee, has delegated authority to refuse a licence when the applicant does not meet the Council's licensing standards. The Environmental Health Manager (Commercial) or their nominee can grant a licence in such cases but only if they consider the circumstances are such that an exception to policy should be made. The Environmental Health Manager (Commercial) or their nominee may also choose to refer the application to the Licensing and Environmental Health Committee for determination.
2.9 The Environmental Health Manager (Commercial) or their nominee may refer a driver or operator to the Committee at any time for the Committee to consider the revocation of a licence where in the opinion of the Environmental Health Manager (Commercial) or their nominee there are grounds to consider that the driver may no longer be a fit and proper person. The Environmental Health Manager (Commercial) or their nominee may take such action notwithstanding the fact that the driver meets the licensing standards set out in the Suitability Policy.
2.10 Where a decision is taken to grant or refuse an application for a licence which is contrary to the Council's policy, clear reasons for that decision will be given in writing.
2.11 Where applications for licences are refused, the applicants have a right of appeal against that decision to the Magistrates Court. Details of the appeal procedure will be given to unsuccessful applicants along with the written notice of the decision, but for the avoidance of doubt, it should be made clear that in the case of a refusal the Court has no power to grant a licence.
2.12 The Council may search public databases to assist in determining whether applicants are fit and proper persons to hold a licence. They will upload data to the same databases and share information when appropriate and lawful to do so. (Appendix G)
2.13 All new applicants must have held a full UK driving licence for 3 years. at the time of application. They also are required to pass the Council’s approved driving test. (Appendix K)
2.14 Once available all drivers must pass an Uttlesford training day before being granted a licence.(Appendix L) Once available the training day must be taken. • before a licence is granted (either on first application or upon renewal) • or within a specified time frame
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Samples: Licensing Policy
