Taxi Defence Barristers offer clients a free initial case assessment. During this free initial case assessment conversation, clients often ask if it is worth appealing a decision of a licensing authority.
When deciding whether an appeal is worth the effort, time and cost, there are a number of things to consider.
Some decisions by a licensing authority can have significant implications for a taxi or private hire licence holder. A decision to revoke, refuse to renew or a suspension of a licence can be significant particularly if your income is primarily dependant on having a licence.
Although livelihood is less of a relevant consideration in terms of an appeal per se, it can be a very important factor in considering if pursuing an appeal is worthwhile.
Another important factor to consider is the impact of a licensing authority’s decision on the reputation of a licence holder. Decisions to take people’s licence off them normally makes for a good local news story and often councils will publish their own press releases.
The perception of a licence holder’s reputation is important to the traveling public. If a licence holder’s reputation has been branded as being unsafe, unfit and improper it could spell the end of that person’s business or ability to work.
Legal advice and representation
We often find that clients who did not have expert legal advice and representation early on did not have a good outcome. Taxi and private hire licensing law is complex and it is important for licence holders who are facing the prospect of losing their licences to seek expert legal advice at an early stage. This is important because it can avoid the need for subsequent appeals.
If a licence holder has lost their licence as a result of poor legal advice, an appeal can offer an opportunity to rectify this as it will offer an opportunity to hear the case de novo, or in other words, as if the case had not previously been heard nor decided.
There will be costs associated with appealing a decision of a licensing authority. In the first place, there are costs associated with lodging an appeal. The Courts levy a charge for lodging an appeal which is normally £200.
In addition, there will be costs associated with legal advice and representation. This will depend on the anticipated complexity of the case.
Licence holders seeking to appeal a decision of a licensing authority should be aware that they can apply for cost to be awarded if they are successful in their appeal. Costs awarded can include legal cost but in certain circumstances also compensation for financial loss or reputational damage.
Is it worth an appeal?
The decision to seek an appeal of a licensing authority’s decision should be carefully considered. It can be important however to seek an appeal as a wrong decision can potentially be very devastating for an individual or an operator.
If your licence has been revoked, refused or suspended, Taxi Defence Barristers can offer expert legal advice, case management and representation. Call us today for a free case assessment on 020 7060 1775 or visit out website www.taxidefencebarristers.co.uk.