TAXI LAW EXPLAINED
referred to a committee can also be complex in nature. Losing your licence, or having your application refused, is significant. Expert legal advice and representation will without a doubt put you at a far greater advantage of a positive outcome.
5. Don’t be late and look the part
This may seem trivial but make sure you arrive in good time. Being late may give the licensing committee members the wrong impression of you and how serious you appear to be taking the matter.
6. With or without you
A licensing committee can make decisions about your licence (and livelihood) in your absence. It is therefore important to make sure you attend regardless of how you feel about the hearing. Where you are unable to attend, you must inform the licensing com- mittee and you must also request the matter to be deferred.
7. You will have another chance
If the licensing committee decision goes against you, do bear in mind you have a right of appeal which will present you with another opportunity to make your case. .
8. You are not on trial
Although licensing committees act in a quasi-judicial way, they are not a court of law and you are not on trial. Licensing com- mittees operate in a much more informal way. Notwithstanding the set procedure, licensing committees are usually discus- sion-led meetings and therefore much less formal than a court of law.
9. Support your case
In addition to verbally addressing the licensing committee and answering any questions it may have for you, you can also submit evidence to further support your case of what you want to put across.
10. Patience is key
Finally, it is important that you remain calm at all times. As mentioned before, a review of your taxi or private hire licence before a licensing committee/panel can be very upsetting and stressful but it is important that you remain calm.
REMOTE HEARINGS Traditionally licensing committee hearings
AUGUST 2020
are held in person. However, with the cur- rent Covid pandemic, the norm has become remote licensing committee hear- ings and this will be the case for the foreseeable future.
It is important that taxi and private hire licence holders and applicants are able to effectively engage with committees remotely. In the April edition of PHTM, you can read a more extensive article on remote hearings where readers were reminded of a few important points to remember on how to deal with remote hearings.
Remote hearings can often be difficult to manage if you are not used to them. From experience, we understand how stressful a normal hearing in person can be. However, remote hearings add additional layers of complication that can increase the stress and anxiety felt by taxi and private hire licence holders and particularly new appli- cants who will be less familiar with the licensing process.
It is always advisable that you seek special- ist legal advice when facing legal difficulties with your taxi or private hire licence but this type of legal advice and representation is particularly important for remote hearings.
Here are some practical matters licence holders and applicants would need to consider when dealing with remote hearings:
1. Documents – If you will be relying on documents such as statements, charac- ter references and other documentary evidence, make sure you serve these on the licensing committee/panel well in advance of the meeting. This is neces- sary to ensure they have had copies distributed to them and have had time to read them.
2. Procedure – Be clear on the commit- tee/panel procedure for conducting its
3. Technology – Following on from the above, you have to also understand the technology you are using. For video conferencing tools, make sure you fol- low any instructions given on procedure and etiquette and most importantly you need to use the technology to be able to address the committee/panel clearly and be able to answer questions put to you.
4. Do not be afraid to ask – Taxi and pri- vate hire licence holders and new applicants can severely be impacted by committee/panel decisions. It is there- fore important, particularly with remote hearings, to ask questions. No commit- tee/panel will penalise a licence holder or applicant for asking questions if, for example, you are not clear on the pro- cess, cannot hear people speaking to you or if you are having trouble with fol- lowing conversation remotely. It is better to ask than to face injustice and possible costly appeals.
5. Environment – If you are represented by a legal specialist, you will most probably be represented by them from an office location where there will be no disrup- tion. If you chose not to be represented, you need to carefully chose your envi- ronment to ensure you eliminate any possible distractions during the commit- tee/panel hearing; a quiet room or potentially a location away from your house.
6. Appearance – Appearance matters even for remote hearings. Approach and pre- pare for a remote hearing as if it was a meeting in person.
7. Your rights – Your rights are not affected because a licensing committee is held remotely rather than in person including the right to be represented.
Please contact Taxi Defence Barristers in the first instance and at the earliest opportunity for specialist advice and representation. We are set up to deal with remote hearings and able to assist licence holders and applicants with remote hearings and representation.
95
business remotely. Remote meetings will not be conducted in the same way as if they were in person. It is equally important that you log on to any remote facilities in good time before the meeting starts. Logging on late would be disruptive to the meeting.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112
