IoL UPHOLDS SUITABILITY GUIDANCE


There has been a great deal of contro- versy emanating from those members of the trade whose licensing authorities have adopted, or are considering adopting, the Institute of Licensing “Guidance on determining the suitabil- ity of applicants and licensees in the hackney and private hire trades”. We published a report in the February edi- tion of PHTM, which sparked off more reaction – as did the experiences of the trade in several districts since that report came out.


Once again we asked the IoL if they would like to present “their side of the story”; they had already done so in a press release last month, however they have responded to us directly as fol- lows:-


In 2018 the Institute of Licensing published “Guidance on deter- mining the suitability of applicants and licensees in the hackney and private hire trade”.


The document was produced by a working party commissioned by the IoL in recogni- tion that in the absence of any recent statutory or ministerial guidance, decision making across the country was inconsistent, leading to licence shopping where drivers refused licences in one area may subse- quently be granted a licence in another area.


The intention of the IoL’s guidance was to provide licensing authorities with a national set of standards which they could then con- sider using as a basis for their own local policies, and in doing so provide a more consistent approach across the country. The Guidance was produced in partnership with the Local Government Association (LGA), National Association of Licensing and Enforcement Officers (NALEO) and Lawyers in Local Government (LLG).


Although the guidance has no statutory sta- tus, it has helped to produce a consistent approach to the determination of the suit- ability of those wishing to become or remain professional drivers carrying mem- bers of the public for reward.


The main concern seems directed at the standards suggested in relation to motoring matters and the number of penalty points on a driver’s DVLA driving licence. There is also a further concern being expressed. The IoL Guidance suggests using the expression “a safe and suitable person” as a way of explaining what is meant by the older phrase of “a fit and proper person”. This is not intended to alter the law: merely to pro-


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vide a 21st century interpretation of a 19th century legislative phrase, which is enshrined in 1970’s taxi legislation.


This guidance has been criticised by some within the taxi industry (including most recently in the February edition of the industry publication Private Hire and Taxi Monthly), who argue that drivers may accu- mulate seven points through inadvertence and should not be penalised by loss of their licence.


The Institute maintains its guidance under review. However, it does not consider that any change in this regard is warranted. The Institute is not persuaded that it ought to change its guidance in relation to minor offences. Rather, it is satisfied that the test promotes higher standards which the pay- ing public is entitled to expect.


Institute of Licensing President James But- ton said: “The purpose of hackney carriage and private hire licensing is to ensure public safety. The vast majority of drivers are com- petent and professional and with no criminal or driving issues, who give no cause for concern. They provide excellent and essential services to the public. The guidelines are aimed at those who do not meet those standards and will help to pro- tect the public from the 0.27 per cent of all drivers with seven or more points on their DVLA licences.”


The guidance is there for those few cases where an applicant fails to meet the stan- dards the IoL believe the public deserves and expects and (if used as the basis for their own policy) gives the licensing author- ity the support to take appropriate action.


Critics argue that it is easy for taxi drivers to collect points on their licences as they drive more miles than the average driver, or they face pressure from late or intimidating pas- sengers. These arguments are unlikely to stand up in the case of an accident or injury (fatal or otherwise) as a result of speeding.


Taxi drivers are professional drivers. Their driving should be of a higher standard than [that of] domestic motorists: a professional driver should know their speed with minimal reference to a speedometer; will recognise hazards and driving conditions and adapt their driving accordingly. These drivers will not fall short of the standards in the IoL document. The IoL believes these are the standards the public should rightly expect of the taxi industry.


Each application, or review of a taxi or pri- vate hire drivers’ licence must be considered on its own merits by the relevant licensing authority, using their policy as a guideline.


As part of that process, any applicant falling foul of the policy will have the opportunity to make representations as to why the action suggested in the guidelines should not be taken. The IoL accepts there will be cases where there is good mitigation and it will be for the licensing authority to consid- er whether the circumstances warrant an exception from the policy.


The IoL guidance is not draconian – far from it. The guidance sets out standards which are proportionate and necessary in order to protect the public from the very small minority of applicants who fail to meet the required standards.


In a wider context, the Institute of Licensing is the professional body for licensing practi- tioners across the UK. Our membership is a broad spectrum open to any person, body or organisation, whether they are regula- tors, licensees, or professionals involved in licensing, including lawyers and licensing consultants. Being the only national body representing all sectors within the licensing arena gives the Institute and its members a unique and vital strength.


The aim of the Institute is to bring practi- tioners together to advance knowledge, share best practice and to develop and pro- mote the professions and activities involved, for the benefit of both our mem- bers and society as a whole.


The Institute shares knowledge and learning in relation to licensing law and practice, but is not responsible for scrutinising or attempting to determine the legality or oth- erwise of particular businesses or operations, although obviously that is the professional role of some of our members. What is does is enable ideas to be con- tributed and discussed in a spirit of mutual respect and understanding. In any area of law there will be scope for differing views on interpretation, and there are naturally times when members disagree. But the dis- cussion and debate, conducted profes- sionally will usually serve to strengthen understanding of a differing perspective, which in itself is a positive outcome.


We’re certain that PHTM readers will wish to respond further about these issues. Not only can you do so through the pages of PHTM; more importantly, you can exchange ideas and views with IoL President James Button, who will be in attendance on the first day of the PHTM Expo in Milton Keynes: Wednes- day 3 June. He’ll be taking part in our now-famous seminar, and will be able to field your queries and questions in person.


MARCH 2020


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