TAXI LAW EXPLAINED VIRTUAL LICENSING COMMITTEES
This article was supplied by: Stephen McCaffrey Head of Taxi Defence Barristers and Taxi Defence Scotland 020 7060 4773
www.taxidefencebarristers.co.uk
they were a court of law or a judge. This means that a licensing committee is obliged to objectively determine facts and draw conclusions from them so as to pro- vide the basis of an official action, such as to refuse an application or to revoke a licence. This also includes a duty to provide clear and comprehensive reasons for deci- sions that have been reached.
Taxi Defence Barristers is often contacted by taxi and private hire applicants and licence holders who were not represented before licensing committees or panels and subsequently had their licences revoked, suspended or refused. Applicants and licence holders do underestimate the sig- nificance of a licensing committee or panel hearing. When licences are revoked, refused or suspended by licensing com- mittee or panel, appeals can be drawn out, expensive and stressful.
In our experience, a robust approach to licensing committees can be beneficial for a taxi or private hire applicant or licence holder. In this article we will consider the significance of a licensing committee or panel hearing (with reference to remote hearings), what applicants or licence hold- ers can do to ensure best outcomes, the importance of legal representation and briefly look at the appeals process.
LICENSING COMMITTEES
Council decisions are either made by the full council of councillors or delegated to smaller committees. In the case of taxi and private hire licensing, decision making is usually delegated to a licensing or regula- tory committee. Licensing committees are delegated with a range of decision-making powers including those relating to whether licence applicants or licence holders are fit and proper people.
Licensing committees must be a quorum in order for their decision-making powers to be lawful. This means that a minimum num- ber of councillors, specified in the council’s rules, must be present at a hearing.
These committees operate in a quasi-judi- cial way. This simply means that these committees have the same powers and are governed by the same procedures as if
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Licence applicants and licence holders can be referred to a licensing committee for a range of reasons and these will differ depending on each individual council as licensing policies differ between licensing authorities. If, however, you are referred to a licensing committee, it is important you understand your rights, understand what is likely to happen and what to expect.
YOUR RIGHTS
Right to be heard before a decision is taken
The fact that a licensing committee oper- ates in a quasi-judicial way, means that the rules of natural justice will also apply to decisions made by it. The first rule of natu- ral justice is that people must be given a fair and reasonable opportunity to defend themselves. In terms of taxi and private hire licensing, this means that licence hold- ers or applicants must be given the opportunity to attend a hearing and to address the licensing committee before a decision is made in relation to their licence or application.
Right to know the case against you
It follows from the above therefore that a licence holder or applicant for a licence must know the case against them. It is after all not possible to exercise the right to be heard if you do not know what the case against you is. This right also relates to hav- ing access to supporting evidence and documents. Often licence holders or appli- cants rely on officer’s reports to prepare but fail to also ask for supporting docu- ments and other evidence that supports the case against them.
Right to a fair hearing 4. Seek legal advice
The second rule of natural justice is that licence holders or applicants have the right to a fair hearing. This is also a right under
Taxi and private hire licensing is complex and in some cases, the reasons why people are
AUGUST 2020
A review of a taxi or private hire licence before a licensing committee can be very upsetting and stressful. It is important not to panic however. A licence review before a committee is not as formal as it may sound or appear. Give yourself time to come to terms with the fact that you have to appear before a committee, read the correspon- dence properly and give due consideration to the benefits of being represented.
2. Preparation is key
Whilst the prospect is daunting, there is a lot you can do to prepare. Read the corre- spondence you receive, read the licensing policy of your council and make sure you understand why you have been called to appear before the committee/panel. The accompanying officer’s report should be useful as a reference to the relevant policy sections and other relevant information.
3. Know the procedure
Licensing committees are conducted fol- lowing a set procedure. You are entitled to be given a copy of this procedure which is important as you should know what is going to happen at the hearing and what opportunities you have to address the licensing committee and speak in support of your case.
human rights legislation. This means that licensing committee hearings must be free of bias and councillors who are making decisions about your licence or application must not have a prejudicial interest in your case.
Right to be represented
A licence holder or applicant has the right to be represented before a licensing com- mittee. This is an important point because often cases against licence holders or applicants can be complicated taking into account the legislation, local policy and the individual circumstances of cases.
PRACTICAL ADVICE FOR LICENCE HOLDERS 1. Don’t panic
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