ALL THINGS LICENSING


Relying on the first principles of how to approach an appeal to a licensing decision, the de novo


nature of the


jurisdiction meant that a decision could be wrong when it was first taken, but


touch on the question of when, and in what circumstances, it will be appropriate to reach a decision on a licensing question which is different from that indicated by policy.


The circumstances were that Welwyn Hatfield Borough Council has a maximum age limit of eight years for licensed hackney carriages. Six hackney carriage drivers appealed against the decision of Welwyn Hatfield Borough Council to refuse to renew their vehicle licences beyond the eighth anniversary of the first registration of the vehicles concerned, in line with this policy.


In the Magistrates’ Court in February 2024, a District Judge allowed their appeals on the general basis that each had been affected by the Covid-19 pandemic and lockdowns, and as such an extension of 12 months was warranted. In each case, that 12-month period had already elapsed by the time of the hearing and decision but the Judge allowed the appeals nonetheless, describing the decision as a ‘Pyrrhic victory’ for the appellants.


The council appealed by way of case stated challenging the decision of the Magistrates’ Court and on 23 December 2024 Mr. Justice Linden allowed the council’s appeal overturning the District Judge’s decision.


The High Court found that:


The District Judge in the Magistrates’ Court had asked themself the wrong question: it was not what the Magistrates’ Court would have done had it been taking the initial decision, but what it should do now, in light of all it had heard; and that included the fact, in this case, that the 12-month extension had already elapsed.


PHTM FEBRUARY 2025


shown to be the right outcome by the time of the appeal, as well as the reverse (right at the time of the decision, but wrong by the time of the appeal).


In relation to the policy, it was the responsibility of the appellant to justify a departure from it, acknowledging that any policy, no matter how strictly drafted, must allow for exceptions. This question must be assessed considering all factors, including the policy’s purposes and the impact on those purposes if an exception were allowed. The council was obligated to


evaluate the


Respondents’ renewal applications based on their merits and be open to making exceptions to its policy if circumstances warranted it.


However, each Respondent needed to justify why an exception should be made in their case. The council was also correct in giving weight to its eight-year policy as reflected in the Standard Conditions, particularly for the sake of consistency. Other hackney carriage drivers had adhered to it and incurred expenses in similar situations. Therefore, there was a significant issue regarding the fairness of deviating from the Standard Conditions in the Respondents’ cases. The council was right to


consider whether making an


exception would undermine or contradict the rationale for its policy.


The High Court found that the pandemic was not, in and of itself, justification for departing from the policy. What was potentially relevant was any effect of that pandemic on the question at hand (for example, had there been reduced use of the vehicles during that period?). That was to be judged, in each case, on the evidence available, and in the light of the countervailing factors identified above.


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