1.0 Introduction
1.1 The Local Government Association has commissioned the development of a national register of hackney carriage and private hire vehicle driver licence refusals, revocations and suspensions the ‘National Register of Refusals, Revocations and Suspensions or NR3S. The NR3S contains information relating to any refusal to grant, revocation or suspension of, a taxi or private hire driver’s licence. This information is important in the context of a subsequent application to another authority for a drivers’ licence by a person who has had their licence refused, revoked or suspended in the past. Leeds City Council has signed up to use NR3S. This means that when an application for a taxi drivers’ licence is refused, or when an existing taxi or private hire driver’s licence is suspended or revoked, that information will be placed upon the register.
2.0 Scope
2.1 This policy covers how Leeds City Council will use NR3S and how the Council will comply with data protection requirements.
2.2 In this policy, the ‘first authority’ refers to a licensing authority which made a specific entry onto the National Register Refusals, Revocations and Suspensions; the ‘second authority’ refers to a licensing authority which is seeking more detailed information about the entry.
3.0 Overarching Principles
3.1 When an application for a new drivers’ licence, or renewal of an existing drivers’ licence is received, Leeds City Council will search the NR3S. The search will only be made by an officer who has been trained in the use of the NR3S and who is acting in accordance with this policy. If details are found that appear to relate to the applicant, a request will be made to the authority that entered that information for further details.
3.2 Any information that is received from any other authority in relation to an application will only be used in relation to that application, and the determination of it, and will not be used for any other purpose. Any data that is received will only be kept for as long as is necessary in relation to the determination of that application. This will include the period of time processing that application, making a decision, notifying the applicant of the outcome of that decision, and the appeal processes. Any such data will be kept for a period of no more than 35 days from the date of the service of the written notification of the determination of the application.
3.3 Where an appeal to the magistrates’ court is made by an individual who objects to their information being added to the NR3S register, the appeal needs to be made within 28 days of receiving notification of the council’s intention to add details to NR3S register. The data will be retained until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court, there is a further right of appeal to the Crown Court. In these circumstances, the data will be retained for a period of no more than 35 days from the date of the decision of the magistrates’ court. If an appeal is made to the Crown Court, the data will be retained longer than 35 days until that appeal is determined or abandoned. Where the appeal is determined by the magistrates’ court or the Crown Court, it is possible to appeal the decision by way of case stated. Accordingly, the data will be retained for a period of no more than 35 days from the date of the decision of the Crown Court (if the decision was made by the magistrates’ court, the retention period has already been addressed). If an appeal by way of case stated is made, the data will be retained until all court proceedings relating to that appeal by way of case stated (which will include potential appeals to the Court of Appeal and Supreme Court) have been determined.
3.4 The data will be held securely in accordance with Leeds City Council’s general policy on the secure retention of personal data. At the end of the retention period, the data will be erased and/or destroyed in accordance with
Leeds City Council’s Data Protection policy.
4.0 Adding details of a refusal, revocation or suspension
4.1 NR3S is a mechanism for licensing authorities to share details of individuals who have had a hackney carriage or private hire vehicle driver’s licence suspended, revoked, or an application for one refused. This is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the licensing authority – Leeds City Council – that is, assessing whether an individual is a fit and proper person to hold a hackney carriage or private hire vehicle driver’s licence.
4.2 Where an application for a licence is refused, or an existing licence is suspended or revoked, Leeds City Council will record this decision on NR3S. The information recorded on NR3S will be limited to an individual’s:
- name
- date of birth
- address and contact details
- national insurance details
- driving licence number
- decision taken
- date of decision
- date decision effective
4.3 Data is held on the NR3S register for a period of 25 years, in line with the national NR3S guidance.
5.0 Checking the NR3S register as part of the application and renewal process
5.1 When an application is made to Leeds City Council for the grant of a new, or renewal of, a taxi driver’s licence, Leeds City Council will carry out a search on the NR3S register.
5.2 Leeds City Council will then retain a clear written record of every search that is made of the register. This will detail:
- the date of the search
- the name or names searched
- the reason for the search (new application or renewal)
- the results of the search
- the use made of the results of the search (this information will be entered to the register at a later date)
5.3 This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years.
5.4 If Leeds City Council discovers any match (i.e. there is an entry in the register for the same name and identifying details) a request will be made to the authority that entered those details (the first authority) for further information about that entry. That request will also include details of Leeds City Council’s data protection policy in relation to the use of any data that is obtained as a result of this process.
5.5 This request will be made in writing in accordance with the form at Appendix 1 of this policy. It will be posted or emailed to the contact address of the authority that entered those details (the first authority) which will be detailed in the register.
6.0 Responding to a request made for further information regarding an entry on NR3S
6.1 When Leeds City Council receives a request for further information from another authority a clear written record will be made of the request having been received. This record will not be combined with any other records (i.e. combined with a register of licences granted) and will be retained for the retention period of 25 years.
6.2 Leeds City Council will then determine how to respond to the request. The council will not simply provide information as an automatic response to every request.
6.3 Leeds City Council will conduct a Data Protection Impact Assessment. This will consider how the other authority (the second authority) will use the data, how it will store that data to prevent unauthorised disclosure, the retention period for that data, and the mechanism for erasure or destruction of the data at the end of that period. It is expected that if the second authority has adopted a policy similar to this, that should be a reasonably straightforward process.
6.4 If Leeds City Council is satisfied that the other authority’s (the 2nd authority) data protection procedures are satisfactory, consideration will then be given as to what information will be disclosed. This will be determined by an officer who has been trained to discharge this function. Any disclosure must be considered and proportionate, taking into account the data subject’s rights and the position and responsibilities of a taxi driver. Data is held on the NR3S register for a period of 25 years, but Leeds City Council (the 1st authority) will not disclose information relating to every entry. Each application will be considered on its own merits.
6.5 Leeds City Council will disclose information relating to a suspension, revocation or refusal to grant a driver’s licence in accordance with the timescales contained within Leeds City Council’s Data Protection policy. Where the reason for refusal to grant, suspension or revocation relates to a conviction which is within the timescales determined in the council’s Convictions or Suitability policy, the information will be disclosed. Where the reason for refusal to grant, suspension or revocation relates to a conviction which is outside the timescales determined in the Convictions or Suitability policy, the information will not usually be disclosed. However, in every case, consideration will be given to the full circumstances of the decision, and there may be occasions where information is provided other than in accordance with this policy.
6.6 Any information about convictions will be shared in accordance with this policy under schedule 1, part 2, paragraphs 11 and 12 of the Data Protection Act (DPA) 2018; that is:
Protecting the public against dishonesty etc.
- This condition is met if the processing—
- is necessary for the exercise of a protective function,
- must be carried out without the consent of the data subject so as not to prejudice the exercise of that function, and
- is necessary for reasons of substantial public interest.
- In this paragraph, “protective function” means a function which is intended to protect members of the public against—
- dishonesty, malpractice or other seriously improper conduct,
- unfitness or incompetence,
- mismanagement in the administration of a body or association, or
- failures in services provided by a body or association.
Regulatory requirements relating to unlawful acts and dishonesty etc.
- This condition is met if—
- the processing is necessary for the purposes of complying with, or assisting other persons to comply with, a regulatory requirement which involves a person taking steps to establish whether another person has—
- committed an unlawful act, or
- been involved in dishonesty, malpractice or other seriously improper conduct,
- in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing, and
- the processing is necessary for reasons of substantial public interest.
- In this paragraph “act” includes a failure to act; “regulatory requirement” means—
- a requirement imposed by legislation or by a person in exercise of a function conferred by legislation, or
- a requirement forming part of generally accepted principles of good practice relating to a type of body or an activity.
6.7 The officer will record what action was taken and why Leeds City Council will make and then retain a clear written record of every decision that is made as a result of a request from another authority. This will detail:
- the date the request was received
- how the data protection impact assessment was conducted and its conclusions
- the name or names searched
- whether any information was provided
- if information was provided, why it was provided (and details of any further advice obtained before the decision was made)
- if information was not provided, why it was not provided (and details of any further advice obtained before the decision was made)
- how and when the decision (and any information) was communicated to the requesting authority
This record will not be combined with any other records and will be retained for the retention period of 25 years.
7.0 Using any information obtained as a result of a request to another authority
7.1 When Leeds City Council receives information as a result of a request that has been made to another authority, it will take that information into account when determining the application for the grant or renewal of a taxi drivers’ licence. This will be in accordance with the usual process for determining applications.
7.2 Leeds City Council will make and then retain a clear written record of the use that is made of the results of the search (this information will be added to the register detailed above). Information that is received may warrant significant weight being attached to it, but it will not be the sole basis for any decision that Leeds City Council will make in relation to the application.
