I've just applied to Licence a Private Hire Vehicle for the first time (or late renewal) but the Council will not issue it. What in can I do about it and what does it entail?
A Council is usually obliged to Licence a Private Hire Vehicle unless there is some very good reason not to do so. (See s48 Local Government (Miscellaneous Provisions) Act 1976) Some of the most common reasons for refusing to Licence a Vehicle are that the Vehicle is not suitable in type, design or colour or that the Vehicle is simply to old to be Licensed. When Challenging a decision of this nature there is usually an overlap between the actual decision itself and the Conditions of Licence that a Council impose generally regarding the type of vehicle that is allowed to be Licensed in it's "Controlled District". For Conditions of Licence see Question & Answer 4
Where someone (an Applicant) has had an Application for a Private Hire Vehicle Licence turned down on a first time Application or late renewal, 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 Private Hire Vehicle Licence the Statutory right can be found at Section 48(7) Local Government (Miscellaneous Provisions) Act 1976 (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. Court staff are generally very helpful when it comes to lodging the paperwork.
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 USE THE VEHICLE FOR PRIVATE HIRE 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 vehicles fitness or suitability to be used as a Private Hire Vehicle and possibly the Applicant's past behaviour and/or highlighting past criminal convictions/pending prosecutions. The Applicant will adduce evidence in support of his/her case, usually relying on evidence to support his/her argument that the vehicle is suitable and point to Mitigating Circumstances, such as a one off conviction and/or the passage of time since last convicted. EXPERT EVIDENCE WILL USUALLY BE A MUST 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 use the Vehicle pending that Appeal, pursuant to the obligations imposed on the Council under s302 Public Health Act 1936.
If the Applicant loses the Appeal, he/she has the same right to Appeal to the Crown Court within 21 days BUT CANNOT use the Vehicle 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.
