I've just applied to Licence a Hackney Carriage Vehicle for the first time (or late renewal) but the Council will not issue it. What can I do about it and what does it entail?
Generally speaking a Council is obliged to Licence a Hackney Carriage unless there is some very good reason not to do so. (See s47 Local Government (Miscellaneous Provisions) Act 1976 and s37 Town Police Clauses Act 1847) 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; that there is no significant unmet demand for Hackney Carriages is another common reason for Council's that have not deregulated. 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 you may wish to see Question & Answer 4.
It is important to ascertain the reason for not issuing the Licence. Is it because the Vehicle does not meet the criteria laid down by the Council or is it because the Council has not deregulated the Hackney Carriage Waiting list?
Where someone (an Applicant) has had an Application for a Hackney Carriage Vehicle Licence turned down on a first time Application or late renewal, the Council will usually inform the Applicant in writing of the grounds for the refusal. If not already done so, the Applicant should request the written reason(s). This is more commonly known as giving the Applicant "Notice". The right of Appeal in a case of this nature does not start at the Magistrates Court as it does with Private Hire Vehicles. The correct first time venue to lodge the Appeal of this nature is at the Crown Court, pursuant to Section 7 Public Health Act (Amendments) Act 1907. It must be remembered that the laws relating to Hackney Carriages dates back to the Town Police Clauses Act 1847.
It seems there is no 21-day time limit to lodge an Appeal, as it is said the refusal is ongoing. However, it is always wise to eliminate any potential legal argument on this point and as such from the time "Notice" has been served, the Applicant should lodge the Appeal within 21 days.
In order to lodge an Appeal the Applicant or his/her solicitor must lodge a Summons of Complaint at the Crown Court. 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 Vehicle Licence the statutory right can be found at Section 7 Public Health Act (Amendments) Act 1907.
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 AS A HACKNEY CARRIAGE PENDING THE OUTCOME OF THE CROWN COURT APPEAL.
At the actual Appeal itself, the parties will usually have prepared a bundle of documents each in support of their respective cases. EXPERT EVIDENCE WILL USUALLY BE A MUST. If the Council decision is based on the Vehicle not meeting it's standard criteria, then evidence expert or otherwise will have to be presented to the Court in an attempt to rebut the Council's argument. If the decision is based on no significant unmet demand then a survey will usually need to be carried out in support of the argument that there is significant unmet demand. Such surveys are expensive and in most cases the Council will not pay for one. This means the Applicant will have meet those costs initially.
There is only a limited amount of case law currently available on this issue.
After the Court has heard all of the evidence and heard submissions by each party, it will adjourn to reach a decision.
When the decision has been given, the Court must also state the reasons why it has reached the decision. Failure to give reasons can in some cases give rise to the decision being quashed by way of Judicial Review.
If the Applicant wins the Appeal, the Council must issue the Licence as soon as is practicable, usually within 24 hours. If the Applicant loses the Appeal, he/she will have to consider taking the matter to the High Court by way of Case Stated or Judicial Review.
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.
