We will always carry out a criminal record check on anyone who applies for a licence.
If you have a criminal record, it does not necessarily mean that you will not get a licence. However, if you do have any convictions, warnings, cautions, absolute/conditional discharges, admonishments or charges awaiting trial for offences we will make our decision according to:
- Whether the offences are included in the lists of offences on pages 63 to 79 of Get Licensed;
- The classification of seriousness of the offences (the lists on pages 63 to 79 of Get Licensed classify offences according to degrees of seriousness);
- The actual sentence or disposal given to you for the offence; and
- How recent the offences were.*
* The recency of an offence is measured against the date we make the decision to grant or refuse your licence. Where reference is made in Get Licensed to a time "before your licence application" (as in the paragraph below) or 'in the past xx years', the date we use for the calculation is the date on which we make the decision, not the date you originally submitted your application.
Under our rules, you will be automatically rejected for a licence, unless you have been free of the sentence restrictions for a conviction for at least 12 months and up to five years in more serious cases, before your licence application.
Imprisonment
By 'free of sentence restrictions' for a conviction which resulted in a custodial sentence, we mean that we will start counting the time elapsed from the end of the sentence - not from the date when you were sentenced or when the offence or offences were committed.
For example, if you have been convicted of an offence and spent time in custody, the date for deciding whether the offence is still relevant for licensing purposes is the day after the sentence would have ended. Even if you were released early, we will still regard the offence as relevant up until and including the final date when the sentence restrictions would have ended had the full term been served; the sentence expiry date.
Suspended Sentences
In the case of suspended sentences, you will be deemed to be free of sentence restrictions from the end of the sentence period, not the period of suspension. For example a six month sentence suspended for two years would mean you would be considered free from sentence restrictions after six months from the date of conviction not after the whole two years suspension.
Community Disposals
In the case of community orders and disposals, or other similar sentences undertaken in the community, you are deemed to be free of sentence restrictions at the end of the period of the order. If no date is given on the criminal records check, you will be deemed to be free of sentence restrictions 12 months after the date of sentence. If you can provide us with evidence from an independent verifiable source that the community disposal was discharged by the relevant responsible body at an earlier date, we will treat that earlier date as the date you are free from sentence restrictions.
Fines and Other Disposals
In the case of fines, one day detention, cautions, warnings, absolute/conditional discharges, and admonishments, you will be deemed to be free of sentence restrictions from the day after the sentence or disposal was imposed.
If your record includes one or more cautions, warnings, absolute/conditional discharges or admonishments within the last two years for a significant offence, or five years for a serious offence, you will not automatically be granted a licence; we will consider additional factors before making a decision.
Charges Awaiting Trial
If, when we process your application, there are outstanding charges against you for relevant offences, we will wait until the courts have determined the outcome of the charges before making a decision.
If your charges have not been resolved after one year your application will be withdrawn. You are reminded that the licence fee is non-refundable.
Rehabilitation of Offenders Act 1974
Access to a person's criminal record is usually restricted under the provisions of the Rehabilitation of Offenders Act 1974. However, as it is in the public interest for us to have full disclosure of a person's criminal record in order to assess their suitability for a licence, we are exempt from this restriction and are allowed full access to your criminal record. We are able to consider all offences on record including spent convictions.