URGENT BUSINESS
Committee : HACKNEY CARRIAGE WORKING PARTY
Date: 22 FEBRUARY 2002
Title : HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS CRIMINAL RECORD DISCLOSURE FEE
REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION
SUMMARY
To inform the Hackney Carriage Working Party of the fee to be charged by the Criminal Records Bureau for a disclosure of the applicants record.
BACKGROUND
(1) Since 1992 the Council has been entitled by legislation to obtain a Police Criminal Record check of applicants for Hackney Carriage/Private Hire Driver’s licences. This enables the Council to ensure that an applicant is a fit and proper person to hold a licence.
(2) A recent Act of Parliament established the Criminal Records Bureau to take over the work of the Police. As a result, from the 1 March 2002 the Criminal Records Bureau will carry out the necessary checks and supply the Council and the applicant with copies of information held.
(3) Attached is a draft copy of the application form which the Council cannot order until the 1 March 2002.
(4) The applicant will be responsible for obtaining and completing the form.
(5) There are two ways of which the form could be dealt with;-
Either (a) The applicant pays the Criminal Records Bureau fee of £12.00 direct to the Council who then processes the application and settles the Criminal Records Bureau’s account monthly. The Council would have to be responsible for uncleared cheques and extra administration costs.
Or (b) The applicant must get the Council to countersign the application, then send the application and the fee to the Criminal Records Bureau themselves.
(6) If 5(b) was approved, the Senior Licensing Officer considers that a saving on the current administration system may be possible. Whilst this is being monitored in the first year, a reduction of £5.00 in the proposed Hackney Carriage and Private Hire New application fee is proposed to enable those new applicants to offset the increased cost imposed by the Criminal Records Bureau.
FINANCIAL IMPLICATIONS
Approximately 50 new drivers are licensed per year resulting in a total loss of income (if 5(b) is adopted) of £250. No increase in income is likely as 3 yearly checks on existing drivers will be paid by the licensee.
LEGAL IMPLICATIONS
1. The Working Party’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole.
2. This matter should be considered against a background of the implications of the Human Rights Act 1998.
OPTIONS
(i) The applicant pays the Criminal Records Bureau fee of £12.00 direct to the Council who then processes the application and settles the Criminal Records Bureau’s account monthly.
(ii) The applicant must get the Council to countersign the application, then send the application and the fee, to the Criminal Records Bureau themselves. (This check would also be carried out on Door Stewards).
(iii) Pay all applications to the Criminal Records Bureau from the existing Hackney Carriage/Private Hire budget where no provision has been made for this expenditure.
RECOMMENDATIONS That option (ii) be adopted. |
BACKGROUND PAPERS
Criminal Records Bureau file.
ADDITIONAL INFORMATION
(1) The Working Party will be aware that the Council also carry out Police Checks on Door Stewards for Public Entertainment premises and are not allowed by legislation to charge the individuals, only the holder of the Public Entertainment licence.
(2) Due to the above, other Authorities are requesting Door Stewards to supply their own Criminal Records Bureau disclosure and because of this are minded to use the same procedure for Hackney Carriage/Private Hire Drivers.
(3) During the first year Officers can ascertain the actual (if any) saving that may be achieved by asking the applicant to provide a disclosure record. This will enable an accurate fee for a drivers licence to be set in 2003-2004.
Contact Points: John Murphy, Senior Licensing Officer ☎ 823152
J PULSFORD
Strategic Director of Finance and Information
