TAXI LAW EXPLAINED
OFFENCES – WHAT ARE THE ODDS OF GETTING A LICENCE?
This article was supplied by: Stephen McCaffrey Head of Taxi Defence Barristers and Taxi Defence Scotland 020 7060 1775
www.taxidefencebarristers.co.uk www.taxidefencescotland.co.uk
grant a licence unless they are satisfied (a) that the applicant is a fit and proper per- son to hold an operator’s licence…”
s.59 Local Government (Miscellaneous Provisions) Act 1976:
“Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage-
(a) unless they are satisfied (i) that the applicant is a fit and proper per- son to hold a driver’s licence…”
Taxi and private hire licensing exists to ensure that only those judged to be fit and proper are licensed. Taxi and private hire applicants and drivers are subject to a range of assessments to test whether they are fit and proper.
One important assessment, that is almost universal, is a criminal record check for all applicants and drivers. Taxi and private hire applications are subject to enhanced criminal records checks, that includes cautions, warn- ings, reprimands, spent convictions and unspent convictions and a search against the children and vulnerable adults barred list.
The fact that a criminal records check shows convictions should not automatically result in the application being refused – or licence revoked for licence holders.
In these cir-
cumstances, the relevant licensing authority should give the applicant or licence holder a right to a fair hearing and right to respond.
In this article, I will consider some relevant points to consider for applicants or licence holders who may have relevant information on their criminal records checks.
FIT AND PROPER
It is right to start this discussion looking at fit and proper since it is the central pillar of taxi and private hire licensing.
The legislation is very clear that no licensing authority should license any person who is not deemed fit and proper: s.55 Local Government (Miscellaneous Provisions) Act 1976:
“…a district council shall, on receipt of an application from any person for the grant to that person of a licence to operate private hire vehicles grant to that person an opera- tor’s licence:
Provided that a district council shall not 72
Similar provisions apply to taxi and private hire licensing in London.
Whilst the baseline test is fit and proper, there currently exists no statutory defini- tion of fit and proper. As I explained above, a number of assessments are undertaken to determine whether a person can be judged to be fit and proper but there exists no for- mal statutory standard and benchmark.
A number of attempts have been made by various organisations to adopt a standard definition of fit and proper. Most recent has been the DfT’s draft Statutory Guidance for licensing authorities: 2.14... It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the follow- ing 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?
2.15 If, on the balance of probabilities, the answer to the question is ‘no’, the indi- vidual should not hold a licence.
Whilst an attempt to set a standard defini- tion of fit and proper is welcome as it will promote consistency, there is a danger that the above definition may result in decision makers being clouded by subjective assess- ments of matters instead of focusing on the material facts. This is where expert legal advice and representation becomes essen- tial for any taxi or private hire applicant or licence holder.
OFFENCES
The legislations make specific reference to the effect of convictions on the fit-
ness of a taxi and private hire licence holder:
s.61 Local Government (Miscellaneous Pro- visions) Act 1976: “... a district council may suspend or revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on any of the following grounds:
(a) that he has since the grant of the licence - (i) been convicted of an offence involving dishonesty, indecency or violence; or
(ii) been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act;
(aa) that he has since the grant of the licence been convicted of an immigra- tion offence or required to pay an immigration penalty…”
It is important to note – and this is the point of this article – that a driver who has been convicted of an offence(s) is not automatically disqualified from certainly applying for a licence but also being grant- ed one.
The legislation (s.61) leaves it open to the licensing authority to use to decide: “…a dis- trict council may suspend or revoke or refuse to renew…”.
The next question then is what approach a licensing authority should take to determine if it should exercise its discretion to grant a licence to a person whose fitness may be brought into question due to a criminal his- tory.
In my experience of representing taxi and private licence holders for many years, I know that licensing authorities do not take decision making in relation to applicants or licence holders with convictions lightly.
It is therefore very important to be very well prepared when facing a licensing commit- tee/panel.
WHAT CONSTITUTES AN “OFFENCE”?
The rules around what is defined as an “offence” requires careful consideration in the context of taxi and private hire licensing. In a criminal context, an offence is being found guilty by a court of law of a breach of a law.
MAY 2019
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 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104
