Why a missing certificate of good conduct does not automatically block a taxi or PHV licence
- Perry Richardson
- 10 minutes ago
- 3 min read
A taxi or private hire driver licence applicant who cannot provide a certificate of good conduct from another country is not automatically barred from being licensed. Licensing authorities are required to assess whether someone is a “fit and proper” person overall, not simply whether every document listed in policy can be produced.
A recent case heard by Havant Borough Council demonstrates how councils can still approve an application after carrying out a wider risk assessment.
In the February 2026 hearing, the applicant had lived in Iran from birth until the age of 25 before moving to the UK in January 2016. Under the council’s taxi licensing policy, applicants who have lived outside the UK for more than six months since turning 18 are normally expected to provide a certificate of good character from the relevant country.
However, the applicant explained they were unable to obtain the document because of difficulties dealing with the Iranian government. The licensing panel also noted that the UK Government itself states it is “not currently aware of a process for obtaining criminal record certificates from the Iranian authorities”.
That point became central to the case. Rather than treating the absence of the certificate as an automatic refusal, the sub-committee instead examined the wider evidence available to determine whether any safeguarding or public safety risks existed.
The panel highlighted that the council’s own taxi policy was “silent” on how much weight should be given to lengthy residence in the UK when overseas certificates cannot be obtained.
Members then considered guidance from the Institute of Licensing and references within Department for Transport standards. Those documents note there are inconsistencies nationally around how overseas criminal record requirements should be applied, particularly regarding timescales.
Importantly, the applicant had already lived in the UK for more than 10 years. The panel regarded this as a “significant factor”, especially as some government guidance only seeks overseas criminal record checks covering periods spent abroad within the previous decade.
The sub-committee then carried out what it described as a “risk assessment”. Instead of focusing solely on the missing certificate, councillors reviewed other indicators of suitability.
Those factors included the applicant having a clear UK DBS check, lawful leave to remain in the UK, a history of working in Britain for several years, and no additional concerns raised within the licensing officer’s report.
Based on that cumulative evidence, the panel concluded the applicant was fit and proper and granted a three-year combined hackney carriage and private hire driver licence.
The case illustrates an important distinction within taxi licensing law. Policies requiring certificates of good conduct are intended to support safeguarding checks, but they are not necessarily absolute barriers where obtaining the document is impossible for reasons outside the applicant’s control.
Councils still retain discretion and must make decisions proportionately. That usually means considering the totality of evidence available, including UK criminal record checks, immigration status, work history, the length of time spent in Britain, and whether there are any identifiable risk factors suggesting the applicant may not be suitable to transport members of the public.
For taxi and PHV drivers facing similar circumstances, the ruling also shows the importance of providing a clear explanation for why a certificate cannot be obtained, alongside as much supporting evidence as possible to demonstrate good character and compliance while living in the UK.
