Taxi Defence Barristers represented an applicant (Mr MA) who was refused a private hire licence by TfL.  He was refused on the basis of a DBS entry conviction dating back to 2012-2013 concerning the supply of Class B drugs.

Stephen McCaffrey, Head of Taxi Defence Barristers, advised Mr MA last year (2018) to wait a year before proceeding on advice that his chances would be much stronger.

Accepting the advice, Mr MA waited and submitted his application this year. He was however refused on the basis of the DBS entry.

Taxi Defence Barristers initially attempted to get TfL to give special consideration to Mr MA’s case given the policy allowed applications after a 5-7 year conviction free period however TfL wanted to apply the higher limit.

We advised our client to appeal and put together a bundle on his behalf arguing that TfL had failed to exercise their discretion and consider the case on its own merits. We advanced a strong argument as to why they should have deviated from their policy and why the Court should do the same.

The Court agreed. They accepted that Mr MA had clearly changed, committed the offences when very young and now had a family to support. They also accepted the courses he had taken (on our advice) and the references we submitted from select individuals as clear demonstration he could be trusted.

The Court quashed the decision of TfL to refuse the application and granted him a private hire licence.

Stephen McCaffrey

Regulatory defence barrister specialising in taxi and private hire licensing law, appeals and defence.

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