Section 51 Local Government (Miscellaneous Provisions) Act 1976 sets out the qualifications for applying for Licenses re Private Hire Drivers and Section 59 of the same Act sets out the qualifications for Hackney Carriage Drivers.

Section 51(1) (b) and s59(1) (b) of the 1976 Act provides; .........a District Council shall not grant a License - to any person who has not been, and is not at the date of the application for a driver's License, the holder of a License granted under Part III of the Act of 1972 (as amended) (not being a provisional Licence) authorising him to drive a motor car...........

Except for inner London (where no law yet applies BUT different laws will soon apply) there is no provision in the Act of 1976 that you have to be a minimum age before you can apply. Obviously you must be old enough to have passed your test in the first place, and held a full Licence for at least 12 months. Therefore it is possible to hold either a Hackney Carriage and/or Private Hire Drivers Licence at the age of 18.

If you fall into the 13(b) bracket the law is entirely different. However, the law in this respect was not clarified until 30th June 1995, in the case of Crawley Borough Council-v-Crabb QBD.

The Judge in that case was faced with having to determine whether or not a Hackney Carriage Driver who had held a Licence since 1974, but who had been disqualified from driving for 6 months in August 1993 should have to wait 12 months from the date his DVLA Licence was reissued before he could apply to have his Hackney Carriage Drivers Licence renewed

The matter had previously been heard at Magistrates Court level, and the Magistrates determined that Mr. Crabb was entitled to reapply at the time his DVLA Licence was reissued. The Council Appealed the Magistrates decision to the High Court by way of Case Stated.

HELD.... Dismissing the Appeal, that although where the holder of a Licence was disqualified his Licence was to be treated as revoked by section 37 of the Road Traffic Offenders Act 1988 during the period of disqualification; that did not render it ineffective for the period before disqualification and once the disqualification ceased he was entitled to drive again, provided he had made the appropriate application. There was no requirement under the Act of 1976 that a driver should hold a Licence IMMEDIATLEY before the making an application, it being sufficient for him to have held a Licence for 12 months in the past and to hold a Licence at the date of application, notwithstanding there was no continuity between the two periods.

Where someone (an Applicant) has had a Hackney Carriage and/or Private Hire Drivers Licence turned down the Council must by law inform the Applicant in writing within 14 days of that decision and the grounds for the refusal. This requirement is more commonly known as giving the Applicant "Notice". From the time "Notice" has been served, the Applicant has 21 days in which to lodge an Appeal to the Magistrates Court. In order to lodge an Appeal the Applicant or his/her solicitor must lodge a Summons of Complaint at the Magistrates Court within the 21-day period. The Summons of Complaint will state the Applicant's name and address and the Applicant will then be known as the Appellant. An officer of the Council will usually be named as the Respondent, and the usual officer to name is the Chief Executive. The Council's address will also have to be included in the Summons of Complaint as well as short form details of the decision reached.

There are some legal details that have to be included also, and in particular the Legislation that gives the Applicant the right to Appeal. In the case of a Hackney Carriage Drivers Licence the Statutory right can be found at Section 59(2) Local Government (Miscellaneous Provisions) Act 1976 (the Act of 1976) and for Private Hire Drivers the right is enshrined in Section 52 of the Act of 1976. The procedure for lodging the Appeal is pursuant to sections 300-302 Public Health Act 1936. This information should also be included in the Summons of Complaint.

Once the Appeal has been lodged, it will usually take between 2 & 3 months before the matter goes before the Court for a contested hearing. It is probable that the matter will go before the Court for a Pre Trial Review before the case is finally heard. This is to enable the parties to agree a time scale for the Appeal (usually a half day). Other matters such as witness availability and any legal issues can also be ironed out, so as to ensure the Appeal runs smoothly.

LEGAL AID IS NOT USUALLY AVAILABLE FOR AN APPEAL OF THIS NATURE.

AN APPLICANT ON A FIRST TIME APPLICATION OR LATE RENEWAL CANNOT DRIVE A HACKNEY CARRIAGE OR PRIVATE HIRE VEHICLE PENDING THE OUTCOME OF THE MAGISTRATES COURT APPEAL.

At the actual Appeal itself, the parties will usually have prepared a bundle of documents each in support of their respective cases. The Council will adduce evidence, which usually contains details calling into question the Applicant's past and/or highlighting past criminal convictions/pending prosecutions. The Applicant will adduce evidence in support of his/her case, usually relying on Mitigating Circumstances, such as a one off conviction and/or the passage of time since last convicted.

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.

There is only a limited amount of case law currently available on this issue.

After the Magistrates have heard all of the evidence and heard submissions by each party, they will retire to reach their decision.

When the decision has been given, the Magistrates must also state the reasons why they reached the decision they have. Failure to give reasons can in some cases give rise to the decision being quashed by way of Judicial Review.

The party who loses the Appeal has a further right of Appeal to the Crown Court and any such Appeal must again be lodged within 21 days of the Magistrates decision. In limited circumstances the matter can be referred to the High Court by way of "Case Stated".

If the Applicant wins the Appeal, the Council must issue the Licence as soon as is practicable, usually within 24 hours.

If the Council subsequently Appeal's the Magistrates decision, the Applicant can drive pending the outcome of the Crown Court Appeal by virtue of the Council's obligation under s302 Public Health Act 1936.

If the Applicant loses the Magistrates Appeal, he/she has the same right to Appeal to the Crown Court within 21 days BUT CANNOT drive pending the outcome of the Crown Court Appeal.

COSTS. As indicated above, Legal Aid is not usually available for an Appeal of this nature and as such must be funded by the Applicant or his/her backers i.e. Association.

The General rule is that the losing party pays the winning party's costs. However, costs are always at the discretion of the Court. The Court may order that only part of the costs be paid by the losing party and in extreme cases refuse to make a costs order.

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 share 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.