Consideration of criminal history
If you have an unspent conviction, it will be taken into consideration when you apply for a Taxi Operator’s Licence. The most important consideration is based on whether you can fulfil the role without posing any likely threat to the general safety of the public. If you are not considered ‘fit and proper’, your application will be refused. In making the decision to approve or refuse your application, the number of convictions that you and any other people involved in the application have, are taken into account.
Basic Disclosure Certificate
A Basic Disclosure Certificate issued by AccessNI within the previous three months must be submitted for everyone named in the application unless they have a taxi driver’s certificate which was issued by Driver & Vehicle Agency (DVA) within the previous three months. An Enhanced Disclosure Certificate is also acceptable. Basic and Enhanced Disclosure Certificates submitted in application for a Taxi Operator’s Licence will normally be valid for a period of three years. However, if the operator’s licence is granted for a five year period, the certificate will also be valid for five years.
Any previous Taxi Operator Licence applications
If you have ever been involved with a Taxi Operator Licence that has been subject to refusal, suspension, revocation or curtailment it does not necessarily prevent you from having a further operator licence application considered.
DVA Taxi Licensing will establish:
- the date of the refusal, suspension, revocation or curtailment
- the reason for the refusal, suspension, revocation or curtailment
If further investigation is necessary before a licensing decision can be made, you may be asked to provide the following information:
- your role and responsibilities within the business at the time
- details of the provisions made to ensure that the new taxi business will be run properly
If your previous history suggests any doubt that you can fulfil the role in the business and run the operating centre without posing any likely threat to the general safety of the public, your application may be refused.
Bankruptcy Restriction Order
The fact that an individual has been declared bankrupt is not sufficient in itself to refuse an application. However, if you are the subject of a Bankruptcy Restriction Order (BRO) or Bankruptcy Restriction Undertaking (BRU) it maybe that your conduct has been considered dishonest or blameworthy in some other way and your application may be refused.
Disqualification from being a company director
If you have been disqualified from being a company director, or from taking part in the management of a limited company, you can still set up as an operator in partnership or individually. However, each application will be assessed on its own merits and the following points will be taken into account:
- the length of the disqualification from being a company director and the reasons and/or circumstances surrounding the disqualification
- the length of time since the disqualification and any subsequent period where you have demonstrated good business repute or been able to maintain a stable financial position
- the number of partners who have been disqualified – if both (or the majority) of the partners have been disqualified then the application needs to be assessed carefully and may be refused if the partners are directly involved in the day-to-day running of the business
- if only one of the partners has been disqualified and they are not involved in the day-to-day running of the business then the application will be allowed to proceed