LICENSING LESSONS LICENSING SUB-COMMITTEE: WHAT TO EXPECT
Article by Talal Malik, Solicitor Transit Legal
www.transitlegal.co.uk
For many private hire drivers, the first indication that a licensing matter has become serious is a letter requiring attendance before a licensing sub-com- mittee. The terminology varies between authorities. It may be called a review, a driver hearing or a referral to
members. Whatever the description, the
significance is the same: the authority may well be deciding whether the driver should continue to hold a licence.
A licensing sub-committee is not a criminal court, but neither is it an informal meeting with the council. It is a regulatory hearing in which public protection is the principal consideration. That distinction is funda- mental to understanding how the case will be approached and why matters which would not necessarily result in criminal proceedings can still have serious licensing consequences.
What is the committee deciding?
A sub-committee will usually comprise elected councillors, supported by a licensing officer and legal adviser. The officer may make a recommendation, but the decision rests with the members.
The central issue is often whether the driver remains fit and proper to hold a licence. For existing licence holders, the Local Government (Miscellaneous Provisions) Act 1976 (LGMPA) also allows suspension or revocation on statutory grounds, including “any other reasonable cause”.
The committee is therefore not simply deciding whether an allegation is proved. It is assessing whether the information undermines the regulatory trust required of a licensed driver, particularly given that drivers often work alone with vulnerable passengers and without direct supervision.
The fit and proper assessment
The DfT suggests asking whether decision-makers would allow someone they care about to travel alone with the driver at any time of day or night. It is a deliberately demanding, safeguarding-focused test.
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The assessment is forward-looking. Past conduct matters because of what it may indicate about future risk, including concerns around honesty, aggression, safeguarding, drugs, alcohol, discrimination or regulatory compliance. A good licensing history may assist, but it will not necessarily outweigh conduct suggesting an ongoing public safety concern.
What if there was no conviction?
Licensing proceedings are not criminal proceedings. Decisions are generally made on the balance of probabilities, and authorities may consider conduct that did not result in a charge or conviction.
However, allegations must still be assessed carefully. Their source, consistency, reliability and supporting evidence all matter. The driver must also have a fair opportunity to respond. Where an allegation is disputed, the response should address the evidence itself rather than rely solely on the absence of a prosecution.
The authority’s policy
The authority’s taxi and private hire licensing policy will usually be one of the most important documents before the sub-committee. Policies commonly address convictions, complaints, safeguarding matters, motoring offences and other conduct. They may indicate periods during which certain matters will ordinarily result in refusal or place an existing licence at substantial risk.
Policy is important because it promotes consistency, but it is not legislation. Members must still consider the individual circumstances of the case and exercise the discretion given to them by statute. A driver seeking a different outcome from the policy approach will ordinarily need to identify a proper basis for departure. Simply saying that losing the licence would cause hardship is unlikely to be enough.
The effective case therefore addresses both the policy and the evidence. It explains why the policy does or does not apply and, where a departure is sought, why the circumstances justify one.
The driver’s response matters
By the time a case reaches a sub-committee, members are assessing more than the original incident. The driver’s response can itself become relevant.
SEPTEMBER 2026 PHTM
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