ALL THINGS LICENSING


7. Challenging DBS certificates: Incorrect information on a DBS certificate can be challenged by the applicant or employer.


The document emphasises the importance of using the most up-to-date legislation and guidance, and the need for licensing authorities to be familiar with the legislation to avoid improper disclosure of protected convictions and cautions.


Rehabilitation of Offenders Act 1974 (ROA) – Revised briefing note


This briefing note by solicitors James Button and Stephen Turner, examines the workings and impact of the ROA 1974, as amended and its application to licensing, together with the use of the Disclosure and Barring Service (DBS). It is intended to assist licensing professionals, lawyers, councillors and applicants and licensees, but does not constitute legal advice.


Key points include:


1. Rehabilitation mechanism: ROA 1974 allows individuals with criminal convictions to have their records ‘spent’ after certain periods, meaning they do not need to disclose these convictions for most purposes. The act uses terms such as “live” and “spent” convictions.


2. Amendments and confusion: The ROA 1974 and the Exceptions Order have been amended multiple times, causing confusion. Notable amendments include the introduction of “protected cautions” and “protected convictions” in 2013 and further changes in 2020.


3. Rehabilitation periods: The length of time before a conviction or caution becomes spent depends on the sentence imposed. The document provides a table detailing these periods for various sentences.


4. Excluded sentences and relevant matters: Certain sentences and offences can never become spent, such as life imprisonment and serious violent, sexual, and terrorism offences. These are always revealed on enhanced DBS certificates.


5. Protected convictions and cautions: These are defined in the Exceptions Order and do not appear on enhanced DBS certificates. Protected convictions and cautions cannot be considered in licensing matters.


6. Disclosure and Barring Service (DBS): The DBS provides three types of disclosure: basic, standard and enhanced. Enhanced disclosures are required for taxi driver licences and include checks of the adult and child barred lists.


PHTM MAY 2025


The note is available to IoL members at: https://shorturl.at/BHECM


New edition of Button on Taxis


Finally, last month saw the launch of the latest edition of the publication which many officers, lawyers and members of the trade have come to know as ‘the taxi bible’ – Button on Taxis, 5th Edition.


Penned by IoL President and licensing solicitor James Button, a frequent attendee and speaker at recent PHTM EXPO’s; Button on Taxis: Licensing Law and Practice is the only specialist text on taxi licensing law in the UK. The latest edition encompasses changes to legislation, case law and guidance


since the


publication of the fourth edition in 2017, and provides a timely update to what is acknowledged as an essential handbook for anyone with an interest in taxi and private hire licensing.


I am not on commission, however it is well worth a mention such is its use and importance for anyone involved in taxi and private hire licensing.


The book is available from Bloomsbury Professional at:


https://shorturl.at/8ZoMV


At a time where there is significant change happening not just through Devolution, but also to advice and guidance, all of which is likely to be of considerable importance to the licensed trade; there is no better time to be part of an organisation keeping you up to date on licensing issues.


I would again encourage members of the trade to join the Institute of Licensing by popping along to see me on the stand at the PHTM EXPO.


For full details, please visit: www.instituteoflicensing.org


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