TAXI LAW EXPLAINED
tion will prove to be very important under these circumstances. Appearing before a licensing committee/panel can be an anxious time for any licence hold- er or applicant however, with the added complication of technology and remote hearings, this could cause additional stress which may impact on your ability to clearly put your points across or respond to questions.
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 add to 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 which 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 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 meet- ing starts. Logging on late would be disruptive to the meeting.
3. Technology – Following on from the above, you have to also understand the technology you are using. For video con- ferencing tools, make sure you follow 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.
MAY 2020
4. Do not be afraid to ask – Taxi and pri- vate hire licence holders and new applicants can be severely 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 any conversation remotely. It is better to ask than face injustice and possible costly appeals.
5. Environment – If you are represented by a legal specialist, you will most proba- bly be represented by them from an office location where there will be no disruption. If you choose not to be rep- resented, you need to carefully chose your environment to ensure you elimi- nate any possible distractions during the committee/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.
DECISION MAKING BY OFFICERS
Whilst I have focussed on remote hearings in this article, it is worth noting that some licensing authorities may not be setup or willing to conduct remote hearings. As I have previously alluded to in this article, some licensing authorities will opt for a change to delegation to enable officers to make important decisions which, under normal circumstances, would have been a committee/panel decision.
A few important matters to consider:
1. Right to a fair hearing – Where decision are made by officers, there will not be the opportunity to address decision makers or to answer questions and give an expla- nation. Notwithstanding, a fair hearing is
still a fundamental legal right. At the very least, a request for written explanations and evidence must be made for consider- ation. As this could likely form the substantive part of your ‘defence’, it is vitally important to have a clear and con- cise statement and evidence. It is important to seek specialist licensing legal advice to assist you with this.
2. Reasons – As there will not be a hearing and opportunity for discussion and debate, the reasons given for officer decisions must be comprehensive and clear so to not leave any uncertainty over how a decision was reached. This is particularly important in appeal situa- tions.
APPEALS
As is the case normally, any decision by a licensing authority is challengeable in a court of law. Initially this is usually by way of an appeal but in some limited instances, by way of a judicial review.
For the purpose of appeals, it is materially not relevant if the decision was made by a licensing committee/panel or licensing offi- cers – the right of appeal is not affected.
Appeals must normally be lodged with 21 days of the notice of the decision accompanied by the relevant fee. It is also important here to seek legal advice to ensure your appeal is lodged correctly and in time.
During the coronavirus (Covid-19) out- break, most courts will conduct hearings remotely. It is likely that criminal cases will be given priority over civils hearings and therefore licence holders and applicants should expect longer delays in court listings for taxi and private hire appeal cases.
A licence holder is able to continue to work until such a time as either the appeal period has expired or the appeal determined. If a taxi or private hire licence has been revoked or suspended but, not with immediate effect, the impact will not be as acute. How- ever, where decisions have had immediate effect under section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976, an expedited appeal is necessary.
Please contact Taxi Defence Barristers in the first instance and at the earliest oppor- tunity for specialist advice and rep- resentation. We are set up to deal with remote hearings and able to assist licence holders and applicants with remote hear- ings and representation.
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