Taxi Licence Appeals
Application for license turned down
You may find that your application to become a taxi driver is initially rejected by the Local Authority, perhaps because the Council has a policy that people with previous convictions cannot apply for a Licence until a set time, after their sentence has ended.
If your application has been rejected by the Local Authority on those grounds, do not dismiss the thought of your application eventually succeeding. Just because the Local Authority may have such a policy in place, does not necessarily mean that you are not a fit and proper person to hold a taxi licence.
If your application for a licence has been turned down by the Local Authority, on that basis, then you have a right to appeal against the refusal of your application, to a Magistrates Court.
Contact James Murray Solicitors on 0151 933 3333 to see if we can help
How do I appeal?
If you wish to appeal the refusal of your application, then you have to commence those legal proceedings yourself.
Sometimes the Court will insist on a fee being paid, in order for those proceedings to be issued. This fee can be waived in certain circumstances, for instance if you are in receipt of state benefit.
Once the Summons is issued by the Court, a date will be provided for both you and the COUNCIL officials to attend Court for the appeal to be heard.
What happens at an appeal?
Your case will be heard by Magistrates or a District Judge. The Proceedings will be very formal and evidence will be heard at that hearing. If you are not used to legal proceedings, this type of hearing can be quite intimidating. The hearing will have the touch and feel of a trial in a court room.
The issue will be whether you are a “fit and proper person” to act as a taxi driver. The Local authority will bring its case and will call evidence to demonstrate their concerns.
You will have an opportunity to cross examine those witnesses.
The Magistrates are entitled to take into account any matter that could reasonably have been taken into account by the Council in reaching its decision, including hearsay evidence.
The standard of proof is that of the Civil Standard, ie “is it more likely than not that you are a fit and proper person” to have a taxi licence.
You will be expected to give evidence at that hearing and you are entitled also to call your own witnesses to demonstrate your character.
Having heard all of the evidence, the Magistrates will retire to consider all of the evidence but will later return to court, in order to announce their decision.
So what do I do?
Call James Murray Solicitor on 0151 933 33 33 we have decades of experience in presenting such cases in order to try and persuade the Court that you are a fit and proper person.
We will have taken a statement from you, researched the evidence of the Local Authority and looked for weaknesses in their argument, and interviewed any other witnesses relevant to your case.
We will also arrange for the issuing of the summons and will liaise with the Court to arrange the hearing date itself.
You will have assigned to your case, from the outset, a senior lawyer from our motoring department who will conduct the preparation of your case and present your case to the court.
If any witnesses from the Local Authority need cross examining, we shall do all of that work for you also.
What will it cost me?
Our prices start from as low as £800 plus VAT and thereafter increase dependent on the amount of work that is required in each individual case.
Whenever possible, we offer clients a fixed fee agreement with no hidden charges.
Right from the outset, we will provide you with a quote and can even offer a payment package to you, should you not be able to afford to pay in full.
Legal aid is not available for such cases but our fees and price structure can help you afford quality representation at your appeal.
Don’t forget, that you would be responsible for the Court fee, to issue the proceedings, but that is likely to be the only disbursement you will have to pay for in the run up to your appeal.
License Revoked
Just because you have been a taxi driver for many years, this does not exclude you from the risk that the Local authority revoke your licence, if they decide you are no longer a fit and proper person to hold a taxi licence.
This could be due to some type of conviction in the criminal courts, or you may have been arrested having provided a positive drug sample having driven your vehicle. Alternatively, a member of the Public might have made a complaint about you or the Police have been in touch with the Local Authority, in order to notify them of your driving or behaviour generally.
There is no precise definition of a “ fit and proper person” and therefore you may find that the Local authority invite you initially to speak with their licensing officer , in order to discuss the matter.
If the matter progresses beyond that, you may well find yourself before the full licensing committee, trying to defend yourself against some type of allegation that you may not fully understand.
Can I be legally represented at the Licensing authority meeting?
Absolutely, you can. Often, we are instructed to represent drivers who are summonsed to appear before the Licensing committee. Our experiences are that you must try and take the opportunity to present your case to the Councillors in the most considered way possible.
We like to take a statement from our client, before we go to the meeting. We also insist on seeing the evidence relating to the Council’s concerns. In that way, we can fully prepare you for the hearing and give you the best possible chance of keeping your taxi licence.
Whatever their decision, if you are not content with the reasoning behind the decision, you are perfectly entitled to appeal the revocation/ suspension of your licence, to the Magistrates Court.
If you are about to go before a licensing committee tribunal, do not hesitate to contact James Murray Solicitors on 0151 933333
What will it cost me?
For a fixed fee quote. Our prices for such hearings start from £500 plus VAT.