KNOW YOUR RIGHTS
or licence holder would be required to attend court on at least two occasions.
In the first instance the Magistrates’ Court will list a directions hearing, which is an administrative hearing to allow the court to consider the nature of the appeal and set out clear and strict deadlines in which both parties must serve all evidence. The date for an appeal will also be set and appeal bundles will need to be created and served on the court in advance of the final appeal hearing. It is important that the appeal bundles include all the nec- essary evidence to be relied upon at the appeal including any rel- evant case law that may assist the case.
The appeal hearing itself will also be listed at the Magistrates’ Court and again, the appellant can attend with representation to assist in presenting their appeal to the court. These appeals can be complicated and the burden will be on the appellant to prove that on the balance of probabilities the applicant/licence holder is fit and proper to hold a private hire licence.
The case of Stepney Borough Council v Joffe [1949] and R (on the application of Westminster City Council) v Middlesex Crown Court and Chorian plc and Proud [2002] explain that when considering an appeal the court should take into account the guidelines set out by the local authority and should only consider allowing an appeal where they believe the decision of the li- censing authority to be wrong.
It is important to note here that neither the licensing authority nor the court will con- sider hardship caused to licensed drivers and their families. Therefore it simply would not be enough to state that the loss of the licence would cause a driver to be unable to work having a direct impact on their family financially. The court must rely on the fit and proper person test.
At appeal, the court can vary the decision made by the licensing authority, so for exam- ple if a person’s private hire licence was re- voked by the authority the court may decide to suspend the licence instead, which would allow for the driver to be unable to work for a period of time but following the suspen- sion, they can continue to work as a driver.
It is vitally important to consider whether or not there is merit in the appeal as there are risks involved. If a driver decided to appeal the decision of the local authority, but they are then unsuccessful at appeal, the council can (and will usually) apply for costs against the appellant. It is ultimately the decision of the court as to how much of the costs ap- plied for are awarded, if any at all, but it can be costly and it is therefore important to consider seeking advice as to whether there is any merit in lodging an appeal in the first instance.
JANUARY 2020 79
Because the burden will be on the applicant to show that they are a fit and proper person - being asked to appear before a licensing sub-committee or appealing to the Magistrates’ Court to present the case can be a difficult and intimidating process, and it is always advisable to consider all options available and seek advice from a specialist to advise on the risks and merits involved in every case.
If you need any advice on motoring matters email
e.patterson@
pattersonlaw.co.uk or for regular updates on road traffic law follow them on:
facebook.com/PattersonLawMotoringSolicitors or
twitter.com/Patterson_law_
Patterson Law Solicitors 0800 021 7753
www.pattersonlaw.co.uk
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
