Remember, a Council is charged with the duty of protecting the public within its area, and therefore "Protection of the Public is of Paramount importance". As such the Licensing of Drivers, Operators and Proprietors is a task that no Council takes lightly.

The Rules Of Natural Justice usually demand that a person wishing to make representations on a matter affecting his/her livelihood be allowed to make those representations. The status of the Applicant will be a determining factor when determining the extent, if any that those representations may take. For example, a person who holds a Licence already has more of a right than a first time applicant.

That said, most Local Authorities see the right to make representations as a fundamental part of the decision making process and will more often than not allow an Applicant to make representations.

Note however, that that right does not mean that the Council has to allow an Applicant to make verbal representations. It would be quite proper to allow just written representations. Although, most Local Authorities do allow verbal representations to be made.

Most Authorities will also allow an Applicant to have his/her representative present at the meeting to speak on his/her behalf. The representative will usually be a Solicitor or Trade Union/Trade Association member.

The Licensing Officer will usually prepare a "Report to Committee" a few days before the meeting, and it is important the Applicant obtains a copy of that Report a few days before the meeting so he/she knows what the case against him/her is.

If an Applicant has not received a Report to Committee at least 3 days before the meeting, then a request should be made. It is important to know the issues as far in advance as is possible.

At the meeting, which should be held in "Private Session", the Report and the Application will be given consideration. It is important that any factors that the Applicant needs to get across in mitigation should be got across as effectively as possible, and where relevant, reliance should be placed on Legislation, Case Law and for example Department of Transport Guidelines on the Licensing of Hackney Carriage/Private Hire Drivers.

In 1992 the Department of Transport issued a Circular known as the Department of Transport Circular 2/92, which most Local Authorities rely on in support of their decision to refuse Licenses. This Circular can also be helpful to the Applicant depending on the facts of the case. In any event, there is nearly always something good to say about an Applicant in mitigation, and Applicant's are advised to take an experienced advocate along to the meeting to speak on his/her behalf. Unfortunately there is only a limited amount of case law currently available on this issue.

After the Committee has heard all of the facts they will retire to reach their decision.

The Council must inform the Applicant of the decision within 14days and the grounds for reaching that decision.

Where a decision is unfavourable the Council must also inform the Applicant of his her right to Appeal to the Magistrates Court within 21 days from the date he/she received "Notice" of the decision.

For details of Appealing see 1 - 10 above whichever is applicable.

A first time Applicant (or late renewal) cannot lawfully carry on in business as a (Driver) (Operator) (Proprietor) (whichever is applicable) pending Appeal.

The advice given herein is General Advice only. For advice specific to your particular circumstances you should consult with a Solicitor. This general advice is provided subject to the usual disclaimer that neither Tapin2taxis it's servants, agents or subsidiaries accept liability, legal or otherwise resulting from actions taken on reliance of this advice and/or from any omission of advice.

For details of a Solicitor specialising in this field of work in your area, you should contact the National Private Hire Association on 0161 280 2800. The National Private Hire Association is not financially linked to Tapin2taxis but simply shares the common aim of assisting the Hackney Carriage and Private Hire Trade. Members of the National Private Hire Association can in some cases enjoy discounted rates through its Approved Solicitors and other Service Providers.