ALL THINGS LICENSING
This is unlike other areas of licensing such as around alcohol, entertainment and gambling licensing, where there is a specific provision in law allowing a holder to surrender a licence.
As such, the principle put forward is that if there is no legislation enacted to surrender a driver licence, then it is not legally allowed. I can understand scenarios where drivers who no longer wish to hold a licence want to surrender their licence in order that they are no longer be bound by the requirements and costs to continue holding a licence, however this is completely different to the scenario of a driver trying to surrender a licence in order to evade a sanction and subsequent entry on the register.
With this in mind, NAFN is recommending that, if a driver no longer wishes to use their licence, it would be better to allow the licence to expire at the end of its term. This will allow the licensing authority to take appropriate action should any unknown pending sanction come to light.
NAFN is also suggesting that a driver cannot insist that a licensing authority accepts a surrender of their licence. There is no right of appeal against any decision not to accept the surrendering of a driver’s licence, and the only challenge would be judicial review.
As set out above, as there is no provision in law to surrender a licence, the authority can state that there is no mechanism to surrender a licence and that it remains current until expired, revoked or suspended.
If a driver refuses to accept this and returns their badge and licence to the licensing authority, the licence continues to remain in force, unless of course the authority makes a decision to revoke.
This would negate concerns around drivers circumventing the national register, and I would certainly encourage local authorities to be guided by NAFN’s approach so as to uphold standards for all in the licensed trade and not create potential loopholes affecting passenger safety.
76 MORE RECENT NEWS
On 21 October there was a Parliamentary debate about taxi and private hire licensing and concerns arising from out of area working. Concerns familiar to many, such as lesser standards, impact on local business and lack of enforcement, were raised by the MP for Harlow, Chris Vince. In response, the Minister, Simon Lightwood Under-Secretary for Transport committed that the government is aware of the concerns around ‘out of area working’ and committed to work with all those involved to look at solutions. However in the meantime the Minister encouraged better collaboration between local authorities to regulate the trade. He also encouraged authorities to ensure that those wishing to enter the trade were able to do so in an efficient and cost effective manner.
Time will tell what, if anything, progresses from the commitment that the Government is ‘looking’ at the issue. However, this leads nicely onto my final point:
IoL annual National Training Event - 13-15 November, again held at Stratford Upon Avon. At the time of writing there are still a few residential spaces available and the event promises a packed agenda of hot topics affecting the licensed sector, including a panel discussion session in which I’m taking part entitled: What works and what needs to change?
The session includes representatives from the trade, local authorities and the legal profession and promises to be a fascinating and informative discussion, where I am sure the recent Parliamentary debate above will be referenced.
With subjects such as the National Register and the debate likely to be popular talking points amongst licensing authorities and the trade alike, it remains that there is no more important time to be ‘in the know’ about licensing issues affecting the trade and I would again encourage members of the trade to join the Institute of Licensing.
For full details, please visit:
www.instituteoflicensing.org.
NOVEMBER 2024 PHTM
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