TAXI LAW EXPLAINED
However, licensing authorities are also con- cerned with cautions, motoring offences, warnings, pending court proceedings and even conduct that cause concern but where no formal charges or action has been brought.
Strictly speaking, not all of these can be defined as “offences” in its formal sense but are all seen as relevant for the purpose of licensing. I make this point because I often find that licence holders or applicants sometimes fail to fully disclose what is required of them by their licensing authori- ty.
DUTY TO REPORT
There is an obligation on all applicants for a licence and licence holders to report convic- tions to their licensing authority.
Whilst there is a duty to report convictions, most licensing authorities will also require applicants for a licence or licence holders to report to them any cautions, allegations or other formal sanctions.
I often deal with cases where applicants for a licence or licence holders fail to report convictions to their licensing authority or where they were not aware of this duty. When this is the case, it can make the case against a refusal, suspension or revocation harder to argue.
REHABILITATION OF OFFENDERS ACT 1974
On the issue of duty to report and the com- mon mistake of being unsure of when to do so, applicants for a licence and licence hold- ers should be aware that, for the purpose of taxi and private hire licensing, offences are never considered spent. This is because taxi and private hire licensing is exempt from the provisions of the Rehabilitation of Offend- ers Act 1974.
Under normal circumstances, the 1974 Act enables some criminal convictions to be ignored after a rehabilitation period. The rehabilitation period is automatically deter- mined by the sentence as specified in the Act.
The effect of the 1974 Act is that after this rehabilitation period, if there has been no further conviction the conviction is “spent” and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings.
The ability therefore for convictions and cautions to become spent, and therefore
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holder or applicant being given notice of the decision of the licensing authority. The right of appeal means that the decision of the licensing authority will not take effect until the appeal has been determined. The exception to this rule is where a decision to suspend or revoke is taken with immediate effect under section 61(2B) of the 1976 Act. An appeal lodged after the statutory 21 days is likely to be rejected unless extraor- dinary circumstances apply that are accepted by the court.
not disclosable, does not apply to taxi licensing. It is therefore important that you are always clear about any criminal convic- tions and/or cautions when notifying your licensing authority regardless of how old or minor a conviction may seem to you.
LICENSING POLICY
In determining whether applicants for a licence or existing licence holders are, and continue to be, fit and proper people, licens- ing authorities will be guided by their own licensing policies. Often licensing policy will set higher standards than those which may be laid down in legislation.
It is also the case that a licensing authority should not arbitrarily deviate from its own policies and where it does so, it should pro- vide clear, defensible and comprehensive reasons why it has done so.
Most licensing policies will have a section that specifies how the licensing authority will determine applications for a licence where the applicant or licence holder has a criminal history. Usually these “relevance of convictions” policies will outline how much time should have elapsed before they will consider the grant of a licence to anyone with a criminal history.
It is of course not beyond the ability of the licensing authority to make a decision con- trary to its own policy. Licensing committees are required to function as quasi-judicial bodies, which means that they are under a duty to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. To this end, it is within their remit, based on the evidence and facts, to grant licences contrary to their own policies. There may, for example, be adequate mitigating cir- cumstances that can be argued in order to persuade the licensing committee to devi- ate from their policy.
RIGHT OF APPEAL
An appeal must be lodged properly with the Magistrates’ Court within 21 days of a licence
Section 61 (Suspension and revocation of drivers’ licences) of the Local Govern- ment (Miscellaneous Provisions) Act 1976 states: (2A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this sec- tion takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section.
(2B) If it appears that the interests of public safety require the suspension or revo- cation of
the licence to have
immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.
(3) Any driver aggrieved by a decision of a district council under subsection (1) of this section may appeal to a magistrates’ court.
Similar provisions exist in respect of suspen- sion and revocation of a private hire operator’s licence (s. 62), refusals (s. 52) and in London.
THINGS TO REMEMBER
Do not try to hide any criminal offences or history when applying for a licence (or renewal)
Remember that offences are never spent so disclose everything even if you think it is not necessary
For existing licence holders, remember to notify your licensing authority of any arrests, convictions, formal cautions and/or penalties
If you are referred to a licensing commit- tee/panel, seek expert legal advice without delay
You have the right to appeal a decision to refuse or remove your licence which gives you another opportunity to argue your case. Again, seek expert legal advice without delay.
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