[FRESHER]

Hi, does anyone have any experience of applying for an employee licence when the said employee has drug convictions.  Basically I want to take on an employee that I know and trust, however he does have several convictions for drugs, the worst kind.  He is now clean for over a year,  he doesn't  even touch alcohol now, in full time employement with a large firm in the North East of Scotland earning pretty dam good money driving forklifts, and doing everything possible to stay clean. however he would prefer to be working on his own.  He doesn't have any convictions for burglary of theft or anything like like.

Does anyone have any opinions on what a licensing board would say against his application?

Thanks.

[Soupy]

It depends on the council and the police department that the application ends up in. The only time I've had any issues was for assault convictions and bizarrely, driving convictions. On both occasions the application went through after a meeting with the council.

[Soupy]

If he is on the straight and narrow I'm 99% sure you'd get the license. You may have to do the meeting with the council, which is "fun".

Are his convictions within the last 5 years?

[FRESHER]

Thanks for the reply.  He is on the straight and narrow, and in a far better place than he has ever been in his life.  Although time will tell.

I would hope that they would see the progress he has made.  He has never been to jail or anything I would be more than happy to speak to the council about it.   Perhaps I need to speak to them first.

[Walter Mitty]

Hi, does anyone have any experience of applying for an employee licence when the said employee has drug convictions.  Basically I want to take on an employee that I know and trust, however he does have several convictions for drugs, the worst kind.  He is now clean for over a year,  he doesn't  even touch alcohol now, in full time employement with a large firm in the North East of Scotland earning pretty dam good money driving forklifts, and doing everything possible to stay clean. however he would prefer to be working on his own.  He doesn't have any convictions for burglary of theft or anything like like.

Does anyone have any opinions on what a licensing board would say against his application?

Thanks.

Although I can't directly help you with your exact question, you might be interested to know that addict and alcoholic doctors are allowed to start practising again within a year of starting their abstinence.  Unfortunately, I can't point you towards a specific person without breaking their confidentiality - something that I'm not prepared to do.
So if you are able to do your own homework on this, it could be regarded as bias and prejudice (and usually classist) for them to deny your guy a licence.
If your guy's doctor was aware of his problem, it may help if he can obtain written confirmation of his abstinence (though clearly his doctor is somewhat reliant on his bona fides) - likewise if he went into a treatment centre or similar extablishment in order to kickstart his recovery.  It is possible to have tests these days that can establish abstinence over a longer period than a few days to a month (depending on the drug).  I believe that there are hair follicle tests that can show if certain drugs have been taken in the last few months - though again, you would need to research this.   Another thing that may help is if he is receiving ongoing counselling or using some self-help group run by the NHS (things like NA and AA may not be much help in this as no-one is in a position of authority to provide corroboration and if they did provide it, they would be breaking their own anonymity).
Showing a decent period of abstinence is one thing but showing that he has some form of ongoing support would might be a big help too.  Even though it's been over a year for him, it can take two or three years for the head to settle down properly and to tackle the inner demons that led him into addiction in the first place.
And before everyone starts jumping up and down - I DO know what I'm talking about.

[Soupy]

Thanks for the reply.  He is on the straight and narrow, and in a far better place than he has ever been in his life.  Although time will tell.

I would hope that they would see the progress he has made.  He has never been to jail or anything I would be more than happy to speak to the council about it.   Perhaps I need to speak to them first.

No. Get him to submit the application form, he will be asked if he has convictions in the last 5 years. The police will be notified, if they have any comments you'll be up in front of the council committee. The police will be keen for him to be working so may not comment, it depends on the copper.

Like I said we had a copper who wanted to know how an employee would get from house to house while banned from driving. Fairly straightforward - in the passenger seat. The council have the final decision but if the police have a comment you will be called in front of the committee, no matter who you've spoken to.

Added after: obviously I only have experience dealing with the Aberdeen and Aberdeenshire councils, others may differ in their approach but not by much I'd bet.

[Plankton]

If he is earning dam good money driving a FLT then he should stick with it as the majority of FLT drivers won't be on anything like decent money.
It's not a good image having ex-drug offenders working for you.
He would be better sticking with the large company as most large companies have good working conditions, holidays, sick pay, paternity and pensions.

[matthewprice]

Know of one guy who had been in a lot of trouble as a teenager/ young adult.who became a window cleaner .he got his license but only after an interview. And good reference from a church elder and others .his offences were a good 5 years before he a applied

[Edge Clean]

Sounds like he will almost certainly be called to appear in the front of the council licensing committe.

Objectors to the license will say why they object.

Applicant and/or representatives gets a chance to put his case over.

Councillors then take a vote...Aye or Nae

If it comes back Nae, it's not the end, you can then apply to a sheriff to hear your case, but it haven't heard of anyone take it that far they all give up after being denied by the council.

[Soupy]

Know of one guy who had been in a lot of trouble as a teenager/ young adult.who became a window cleaner .he got his license but only after an interview. And good reference from a church elder and others .his offences were a good 5 years before he a applied

If they brought up anything over 5 years old it's in direct contradiction to the rehabilitation of offenders act of 1974.

[FRESHER]

Thanks for the replies.  As mentioned he is earning good money at the moment, but doesn't really like the environment and working at the same place, week in week out.  He prefers to be out and about, a reason a lot of window cleaners would give for doing the job I imagine.   Money doesn't always equal happiness when it comes to work.  I believe in rehabilitation, if every one adopted the attitude of never employing criminals in the words of Bobby Gillespie "Dealers keep dealing, thieves keep thieving, sleepers keep whoring, junkies keep scoring"