ALL THINGS LICENSING
a felon. However, there is no requirement for a driver to be convicted of a matter before the licensing authority can take action. As I will discuss below, there is broad framework of decision making and it is better for the public to know that their driver is a dedicated professional, and subject to expectations are not met.
sanction if those
Another common misunderstanding is that if an offence was not committed when the driver was driving a taxi, it is much less serious, or even if it was in a taxi but not when passengers were aboard. This is not relevant: speeding is dangerous, irrespective of the situation; drink driving is dangerous, irrespective of the situation; bald tyres are dangerous, irrespective of the situation. All these behaviours put the general public at risk. Violence is always serious. The argument that it was a domestic dispute, or away from the taxi, is irrelevant. A person who has a propensity to violence has that potential in every situation.
Crucially, the determination of an application is not a decision where the licensing authority has to strike a fair balance between the driver’s right to work and the public’s right to protection. There is very clear case law making the point that the personal circumstances of the licence holder are irrelevant in any considerations.
Furthermore, the most recent Statutory Standards, released in July 2020, created a sea change in taxi decision making by setting clearly in guidance (which the council must have regard to) that the applicant or licence holder cannot be given the benefit of the doubt. This means that the public is entitled to be protected without any other consideration. After all, that is the point of the process. However, this is a concept which some drivers often, and under- standably, struggle with as potentially one complaint could swing the balance against them.
To support considerations of whether a driver is fit and proper the Statutory Standards also suggest posing the following question:
“Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night? If, on the balance of probabilities, the answer to the question is ‘no’, the individual should not hold a licence.”
PHTM AUGUST 2023
The question of whether an applicant or driver is fit and proper has been the subject of much legal consideration. Often regularly in council Licensing Committees, the Magistrates’ Court on appeal, but also the Higher Courts, leading to a number of stated cases which have considered the principles of what the local authority can consider.
The principles of taxi licensing and the court’s approach to taxi licensing appeals is conveniently summarised in the case of Gateshead Council v Crozier [2014] EWHC 2097 (Admin).
Importantly once a local authority has made its decision, which is being challenged in the courts, in summary, the court must make its own findings on the balance of probabilities and ask itself if the decision under appeal was wrong. This is not a review of the licensing authority’s decision, but the court must have regard to it.
Specific relevant principles relating to driver fitness and propriety decisions from the above case:
• Convictions: there is no requirement for a conviction. The term “any other reasonable cause” is something other than a conviction.
• Fit and proper: there is no statutory definition and nor could there be given the wide range of matters to consider. The objectives of the licensing regime are to ensure safety. Drivers should have good driving records, adequate experience, be mentally and physically fit, be honest and not persons who would take advantage of passengers to abuse or assault them.
• Policy: The courts must accept and apply the licensing authority’s policy as though standing in the shoes of the council.
67
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
