Hackney carriage and private hire policy from 1 September 2026

We're updating our hackney carriage and private hire taxi licensing policy to make travel safer, more accessible, and better for the environment. Read about the changes.

Hackney Carriage and Private Hire Licensing Policy

3. Hackney carriage and/or private hire driver licence

A hackney carriage and/or private hire driving licence is the authorisation issued by the Council that permits an individual to drive a hackney carriage or private hire vehicle licensed by Buckinghamshire Council. It can only be granted if the applicant is assessed as “fit and proper” and has met all the required checks and standards, as outlined in this section of the Policy

Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 require that a “council shall not grant a driver’s licence to drive a private hire vehicle or hackney carriage unless they are satisfied that an applicant is a fit and proper person”.

There is no definition of this term within the legislation but the relevant case law states that:

those licensed to drive private hire vehicles are suitable persons to do so, namely that they are safe drivers with good driving records and adequate experience; sober, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers” McCool-v-Rushcliffe Borough Council (1998)

Another frequently applied test is whether a reasonable person, having access to all relevant information, would feel comfortable and confident allowing the applicant or driver to drive a close friend or relative, which may include alone, at any time day or night.

In order for you to demonstrate that you are “fit and proper” you need to provide evidence of the following:

  • An acceptable driving standard
  • Appropriate attitude / behaviour / integrity
  • Medical fitness
  • Honesty and trustworthiness
  • Relevant knowledge necessary for the role (including training on safeguarding and disability awareness)
  • An acceptable understanding of English

Applicants should submit their forms through the Council’s website and include all necessary documents. If any documents are missing, the application may be sent back to the applicant.

Once a licence is granted, licence holders are responsible for renewing their licence before it expires. If a valid renewal application is not submitted before the licence expires a new licence application will need to be made. (See 3.13 below).

Applying for a licence

Before applying for a licence, it is strongly recommended that you read sections 3.1 to 3.16 below.

If you are applying for a new licence you will need to do the following:

  1. Submit an application form completed in full. While applicants may receive help filing in the form, the named applicant must provide all answers and is accountable for the information submitted including the declaration.
  2. The correct fee. Current fees are published on the Council’s website.
  3. Provide 1 colour, passport style photograph of yourself, taken within the last month, prior to the application which conform to the standards required by HM Passport Office. The photograph must be signed on the back by you and state your name and address
  4. A copy of your current DVLA driving licence. You must have held a full GB driving for at least 12 months prior to applying. See section 3.2.
  5. You must also be age 21 years or older. See section 3.3.
  6. You must also provide a valid DVLA check code to share your driving licence information with us. This will enable us to view your driving record and check your penalty points or disqualifications.
  7. Provide a pass certificate for the practical driving test taken with one of our approved providers. This test will include some verbal questions - more information about this part of the application process can be found in our guidance notes. See section 3.2.
  8. Evidence of a Group 2 medical assessment that has been completed on the DVLA D4 form with the accompanying Council declaration signed/stamped by either your registered doctor, or alternatively a Council approved GMC registered doctor. The assessment must be dated within 3 months of the date of application. Doctors assessing a driver for the first time must have access to the applicant’s full medical history records. See section 3.4.
  9. You will need to obtain an Enhanced Disclosure and Barring Service (DBS) Certificate. Your certificate must be workforce type, “Other workforce” and must include checks on the adult and children barred lists. Once you have received your certificate you must register with the DBS- this must be done within 28 days. Details of how you can obtain a DBS certificate and register with the update service are on the Council’s website. If you have already subscribed to the update service you will need to provide your most recent Disclosure Certificate. All applicants will be asked to provide consent for the Council Licensing Service to perform regular checks of the update service. See section 3.5.
  10. Certificate of Good Conduct. Applicable to applicants who have resided outside the United Kingdom for a cumulative period of 12 months or longer, at any time since turning 18 and within the 10 years prior to their application, are required to submit a certificate of good conduct from each relevant country of residence or the appropriate embassy. This requirement applies to any country (excluding the UK) where the applicant has lived for 12 months or more—either consecutively or cumulatively—during the last 10 years while aged 18 or over.
  11. You should read the Council’s Convictions and Unacceptable Behaviour Policy (Appendix 4) and contact the Licensing Service before you make an application if you have any previous convictions or cautions and want advice on whether your application is likely to be successful. Once an application is made you will not be able to withdraw your application and any applications refused on the basis of safeguarding or road safety will be recorded on the NR3S for 11 years.
  12. Pass the Council’s approved English language test. See section 3.7.
  13. Provide a certificate confirming attendance on the Council’s approved Safeguarding and Equalities, Diversity and Inclusion Training. See section 3.8.
  14. If intending to driver a designated Wheelchair Accessible Vehicle confirmation of successful completion of a Council approved course specifically designed for the type of vehicle in addition to undertaking the mandatory disability awareness training. See 3.9.
  15. You must provide evidence that you are entitled to live and work in the United Kingdom or an online Home Office right to work share code. We will only accept documents that have been approved by the Home Office for these purposes. See section 3.11.
  16. For Taxi divers, including dual licensed drivers, evidence of compliance with the Council’s Intended use policy. See section 3.13 and Appendix 9.

Further details on these requirements and the process for applying for a licence are available on the Council’s website, see Taxi and private hire information.

If you have taken no action with your application for a period of six months, we will write to you and ask if you want to continue with your application. If you do not reply within 14 days your application will be archived and you will need to submit a fresh application should you still want to obtain a licence.

Driver licences will usually be issued for a three year period, although they may be issued for a shorter period depending on the circumstances of the case. If you have only been granted a temporary right to work in the UK you will be granted short term licences as required by the Immigration Act 2016. You will need to pay a fee for additional short term licences in these circumstances.

Renewing a licence

Licence holders are responsible for ensuring their renewal applications are submitted in good time. Applications may be made up to three months in advance of the expiry date to allow sufficient processing time. Failure to submit a complete renewal application with sufficient time before the licence expires may result in the licence lapsing before the renewal application is determined, meaning the driver will not be permitted to work until the application has been determined and a new licence granted.

If you are renewing an existing licence you will need to apply before your licence expires and provide the following:

  1. A completed application form. While applicants may receive help filing in the form, the named applicant must provide all answers and is accountable for the information submitted including the declaration.
  2. The correct fee. Current fees are published on the Council’s website.
  3. Provide 1 colour, passport style photograph of yourself, taken within the last month, prior to the application which conform to the standards required by HM Passport Office.
  4. A copy of your current DVLA driving licence. See section 3.2.
  5. You must also provide a valid DVLA check code to share your driving licence information with us. This will enable us to view your driving record and check your penalty points or disqualifications.
  6. Evidence of a Group 2 medical assessment that has been completed on the DVLA D4 form with the accompanying Council declaration signed/stamped by either your registered doctor, or alternatively a Council approved GMC registered doctor. The assessment must be dated within 3 months of the date of application. Doctors assessing a driver for the first time must have access to the applicant’s full medical history records, for subsequent medicals carried out by the same doctor, access to full medical records will not be necessary if alternate reliable sources of recent medical history are available, such as summary care records. See section 3.4.
  7. Your most recent Disclosure and Barring Service Disclosure certificate, showing “Other workforce” and must include checks on the adult and children barred lists. This must have the same certificate number as your current DBS update service subscription. See section 3.5.
  8. Certificate of Good Conduct. Drivers applying to renew their licence who have resided outside the United Kingdom for a cumulative period of 12 months or longer, at any time since turning 18 since their last licence was granted are required to submit a certificate of good conduct from each relevant country of residence or the appropriate embassy. This requirement applies to any country (excluding the UK) where the applicant has lived for 12 months or more—either consecutively or cumulatively—while aged 18 or over.
  9. Provide a certificate confirming attendance on the Council’s approved Safeguarding and Equalities, Diversity and Inclusion Training within the last 3 years. See section 3.8.
  10. If intending to drive a designated Wheelchair Accessible Vehicle confirmation of successful completion of a Council approved course specifically designed for the type of vehicle in addition to undertaking the mandatory disability awareness training. See 3.9.
  11. You must provide evidence that you are entitled to live and work in the United Kingdom or an online Home Office right to work share code. We will only accept documents that have been approved by the Home Office for these purposes. See section 3.11.

3.1 Fee

A fee must be paid with all applications and it is your responsibility to make sure that you have paid the correct amount. View our taxi fees.

Licensing fees are reviewed, considered by the Council and agreed every year. Fees are set at a level that aims to ensure that they only cover the costs of providing the licensing service. Before being agreed proposed changes are advertised for at least 28 days and any comments are considered before a final decision is made.

A substantial element of the fee covers the initial grant of the licence and it is unlikely refunds will be given if a licence is surrendered before it expires.

3.2 Driving standards

You must have held a full GB driving licence for a continuous period of at least 12 months prior to applying for a taxi or private hire driver licence. Requiring applicants to have held a full GB DVLA driving licence for at least 12 months ensures that all new drivers have a minimum period of real‑world driving experience before transporting passengers, aligning the policy with the statutory requirement under the Local Government (Miscellaneous Provisions) Act 1976. This minimum period also allows the Licensing Authority to review an applicant’s initial driving history, which is an important indicator of future driving behaviour and helps to safeguard public safety.

Any driver/applicant who has accumulated 12 or more points on their DVLA licence, whether their DVLA licence is disqualified or not, will not be licensed by the Council for a period of 5 years from the date of disqualification or, if not disqualified, from the date of the accumulation of 12 or more points. Other DVLA disqualifications will need to be investigated, the reasons ascertained, and a decision will be based on the results of that investigation. See Appendix 4 of this Policy for further details.

In order to demonstrate that your driving standards are acceptable you will also have to pass a practical driving assessment with one of the Council’s approved test providers. You will need to arrange and pay for this test. Applicants with 7 or more DVLA points will be required to also take a Council approved driver awareness course at their own expense. Existing Council licence holders with 7 or more DVLA points may also be required to take a driver awareness course and/or pass the Council’s approved driver assessment where concerns are raised about the standard of their driving. In these circumstances existing drivers will usually be expected to take and pass the test within two months of the date of the request or may be subject to further enforcement sanctions (see Appendix 4). A list of test and course providers can be found on the Council’s website, see Get a taxi or private hire driver assessment.

Before you can drive a Wheelchair Accessible Vehicle (WAV) you will also need to have successfully passed a Council approved course specifically designed for this type of vehicle in addition to undertaking the mandatory disability awareness training.

3.3 Age

Drivers must be at least 21 years old to ensure an appropriate level of maturity and responsibility, in line with other professional driving roles.

Applicants who are under 21 can apply but only if they can evidence in writing to the Council’s satisfaction that they have the required experience and skills, if required an interview will be completed with a senior officer to confirm suitability.

3.4 Health / Medical Assessment

The Council has adopted the Group 2 requirements of the DVLA driver medical standards and applicants will need to demonstrate that they can meet these standards. Assessing fitness to drive – a guide for medical professionals.

Applicants are responsible for paying any fees required for any medical examination.

Applicants for both new and renewal driver licences must submit a DVLA D4 Group 2 medical form, together with the Council’s medical declaration, completed and signed by either the applicant’s registered medical practitioner or a Council‑approved GMC‑registered doctor with a current licence to practice. The medical assessment must be dated within the previous three months from the date of application. The assessing doctor must have access to the applicant’s full medical records; however, for renewal applications, where the assessment is undertaken by the same practitioner who previously reviewed the full medical history, access to full medical records will not be necessary if alternate reliable sources of recent medical history are available, such as summary care records.

It is the responsibility of the Council to assess the medical information provided and determine whether you meet the medical requirements for a licence to be granted. In such cases, the officer may seek additional advice from relevant medical professionals or consult with specialists to ensure that a thorough and informed assessment is made before reaching a decision.

If you are aged 65 or over, you will need to provide an approved medical certificate every year. Certificates are required to be submitted by the anniversary of the last licence granted. Drivers with certain medical conditions (e.g. diabetes) may also be required to provide annual medical certificates and / or information from specialist services. The Council shall carry out an Equality Impact Assessment pursuant to the Equalities Act and each case will be assessed on its merits.

If there are concerns about your health at any time when you hold a licence, you may need to have additional medical checks carried out and if these are not carried out or indicate that you are not fit to drive, your licence may be suspended or revoked as a result.

The Council considers the use of illegal drugs to be entirely inconsistent with being suitable to hold a licence for driving members of the public. Details of the Council’s policy can be found in Appendix 4.

The Council may require applicants or drivers to be tested for the unlawful use of drugs where there are concerns. You may have to pay for this test if you have any criminal record for the use of drugs.

Applicants or existing drivers may be tested for the unlawful use of drugs in the following circumstances:

  • If a new or renewing applicant has any drug related conviction or caution.
  • If intelligence indicates that a licensed driver or applicant may be using illegal drugs.

A licence may be granted to a driver subject to a condition that they are subject to random drug testing for the duration of their licence or a specified period of time, less than the duration of their licence.

3.5 Criminal Records and Complaints

The Council will not generally grant a licence to anyone who does not meet the minimum standards set out in our Criminal Records and Unacceptable Behaviour Policy (Appendix 4). To determine applicants’ suitability for licensing, applicants for driver licences need to provide an Enhanced Disclosure Certificate from the Disclosure and Barring Service (DBS). You will also need to subscribe to the DBS Update Service and maintain your subscription for the whole time that you are licensed. Failure to maintain your DBS on the update service could result in a suspension of your licence. It is your responsibility to ensure that you keep your DBS subscription up to date, including updating card details.

Regular checks on the update service are carried out to ensure that any new information regarding criminal records or safeguarding issues is promptly identified, helping to protect public safety. In line with the Statutory Hackney Carriage and Private Hire Vehicle Standards, checks will be carried out with the DBS Update Service as a minimum every six months, however these may be more frequently.

Holders of manually issued enhanced DBS certificates who are unable to subscribe to the update service are required to provide a new certificate enhanced DBS certificate every 6 months.

If you have been absent or resided outside the United Kingdom for a cumulative period of 12 months or longer, at any time since turning 18 and within the 10 years prior to an application or while licensed, you are required to submit a certificate of good conduct from each relevant country of residence or the appropriate embassy. This requirement applies to any country (excluding the UK) where the applicant has lived for 12 months or more—either consecutively or cumulatively—during the last 10 years while aged 18 or over.

If a DBS Certificate reveals several minor offences, the Council will take into consideration any pattern of offending. The Council can also take into consideration spent convictions, cautions, out of court resolutions, such as driving courses, warnings and pending court cases and other relevant information when determining an application for a driver’s licence. If you already hold a taxi or private hire driver licence, we will consider the type and number of any breaches of conditions, offences or complaints when deciding what action, if any, we need to take.

A licence may be revoked or suspended with immediate effect pending the outcome of any investigation or trial if a licence holder has been convicted of, arrested or charged with a serious offence. Serious offences can include but are not limited to:

  • Driving or being in charge of a vehicle whilst under the influence of drink or drugs.
  • A drug related offence.
  • Any offence involving children.
  • An offence of a sexual nature.
  • An offence involving violence.
  • An offence involving dishonesty.
  • Any conviction for or fixed penalty notice issued under immigration legislation.

A licence may also be revoked with immediate effect where information received raises serious concerns about a driver’s fitness, regardless of whether criminal charges are brought or convicted.

Individuals will not usually be granted a licence if they are under investigation for a serious offence at the time of making their application.

We will not provide the details of any complainant unless they have provided written permission for their details to be shared.

If we revoke a licence for persistent breaches of licence conditions, we will not usually grant another licence for at least 3 to 5 years after revocation.

In accordance with Statutory Standards and our safeguarding obligations, the Council’s Licensing Service will generally retain complaints or warnings on record throughout any licensing, application, or investigation period. These records will also be maintained following the expiration, revocation, or refusal of a licence, as well as upon the conclusion of an investigation, in accordance with the Council’s data retention policy.

Once licensed, or while your application is being considered, you must tell us in writing within 48 hours if you are interviewed by the police, receive a notice of intended prosecution, arrested, charged, cautioned, or convicted of any offence, including motoring offences.

Convictions include matters that on the balance of probability amount to criminal behaviour but which have not resulted in a conviction, this may include Fixed Penalty Notices (FPNs), Notice of Intended Prosecution (NIP) Penalty Notices for Disorder (PNDs), cautions, community resolutions, out of court disposals such as driver awareness courses and pending court cases.

If you are given a Traffic Offence Report, Notice of Intended Prosecution, Fixed Penalty Notice or have a pending court case, you need to notify us in writing within 48 hours of receiving the document, not when the driving licence has been updated. You (or someone on your behalf) must also notify us in writing within 48 hours if you have been detained by the police.

3.6 Knowledge test

New applicants will need to pass a supervised knowledge test in English. The knowledge test includes questions about the conditions of the licence, the laws relating to the licence, geographical knowledge of the area, customer care and disability awareness. Further information about the test is available from the Licensing Service.

3.7 English Language Test

All licensed hackney carriage and private hire drivers are expected to be able to speak, understand and read English, so that they can communicate freely and clearly with passengers and officials, including in stressful and emergency situations. Drivers also need to be able to follow instructions or directions from passengers and be able to identify and report situations where there may be safeguarding concerns about a passenger.

As a result, and in line with the Statutory Standards, all new applicants for hackney carriage and private hire driver licences are required to pass the Council’s approved English language assessment (for which an additional fee will be payable).

3.8 Safeguarding and Equalities, Diversity and Inclusion Training

The Council is committed to safeguarding the needs of children and vulnerable groups and ensuring that all passengers are treated fairly and with respect. It is important that all licensed drivers are properly trained to help them recognise and respond to signs of abuse, including domestic abuse, neglect, or exploitation, particularly involving children and vulnerable adults. It is also important that drivers receive training to promote understanding and respect for diversity and equality.

As part of the application process you will be required to attend Council approved training covering these issues. Further details about the training requirements can be found on the Council’s website. Click here.

Once licensed drivers are required to attend Council approved refresher training every 3 years.

3.9 Taxi and Private Hire Duties for Assisting Disabled Passengers

Licensed taxi and private hire drivers have clear, legally enforceable duties under the Equalities Act 2010 to ensure that disabled passengers are treated fairly, safely and without discrimination. These duties apply to all drivers and all licensed vehicles, and require drivers to provide reasonable mobility assistance, ensure safe access and conveyance, and avoid any action that could amount to less‑favourable treatment on the grounds of disability. Failure to meet these duties is a criminal offence and will be treated as a serious breach of the fit‑and‑proper test.

All drivers must:

  • Provide reasonable mobility assistance to wheelchair users, including helping the passenger to board, alight, and properly secure their wheelchair in a designated wheelchair‑accessible vehicle.
  • Carry assistance dogs (e.g. guide dogs, hearing dogs, and other trained assistance animals) at no extra charge, and ensure the dog can travel safely and comfortably.
  • Offer appropriate support to passengers who require help entering or exiting the vehicle, storing mobility aids, or ensuring safe travel.
  • Not refuse or avoid a booking because a passenger is disabled or requires assistance.
  • Not impose additional charges relating to a passenger’s disability or need for support.

Drivers of vehicles included on the Council’s list of designated wheelchair accessible vehicles (WAVs) must:

  • Carry any passenger in their wheelchair or transport the wheelchair if the passenger chooses to sit in the vehicle.
  • Carry any mobility aids.
  • Provide reasonable assistance at no extra charge.
  • Have successfully passed a Council approved course specifically designed for the type of vehicle in addition to undertaking the mandatory disability awareness training.

Drivers who are unable to carry out specific Equalities Act duties for genuine medical reasons may apply to the Council for a formal exemption. An exemption may be granted only where supported by appropriate medical evidence from the driver’s registered GP or medical practice.

If an exemption is granted, the driver will:

  • Be issued with an exemption notice specifying which duties they are exempt from.
  • Be required to display the exemption notice clearly within the vehicle at all times when working.
  • Continue to comply fully with all other licensing and equality obligations.

Information on how to apply for a medical exemption is available on the Council’s website and must be followed in full before any exemption can take effect.

3.10 Abuse, Harassment and Conduct Expectations

Buckinghamshire Council is dedicated to ending domestic abuse, especially against women and girls. Although anyone can be affected, statistics show 1 in 4 women and 1 in 7 men in England will experience domestic abuse. The Council enforces zero tolerance for all forms of abuse toward women and girls, aligning with national safeguarding guidelines and a unanimous Council motion in April 2024.

This motion includes commitments to raising awareness, improving safeguarding training, supporting the White Ribbon campaign, and enhancing reporting within the licensed trade. In addition to training and guidance applicants and licence holders receive, all applicants are required to indicate their commitment to understanding the risks faced by women and girls in taxi and private hire settings, and to maintain high safety standards at all times.

Separately, the Council applies a universal zero‑tolerance standard prohibiting abusive, threatening, discriminatory, or inappropriate behaviour towards any person, regardless of gender or protected characteristic. Abuse directed at passengers, members of the public, other licence holders, operators, or Council officers constitutes a serious breach of the fit‑and‑proper person test and may result in refusal, suspension, revocation, or the imposition of additional safeguarding conditions. All applicants must formally affirm their understanding that such behaviour will not be tolerated as part of the licensing process. This requirement underpins the Council’s broader commitment to maintaining a safe, respectful, and accountable licensed trade.

3.11 Right to Work Checks

The Council has a legal duty under the Immigration Act 2016 to ensure that all applicants for hackney carriage, private hire or operator licences have the lawful right to live and work in the UK. Licensing authorities must carry out right to work (RTW) checks for every applicant. These may be completed using either approved document‑based checks or the Home Office online checking service, which uses a share code and date of birth to confirm an applicant’s immigration status in real time.

Where an applicant’s permission to work is time‑limited, the Council will only issue a limited‑duration licence that expires on the same date as the individual’s immigration leave. Any licence issued to an individual whose immigration permission later expires, is curtailed, or revoked will automatically lapse. Applicants with pending extension or variation applications must be assessed in line with Home Office guidance, and the Council may be required to undertake a Status Verification, Enquiry and Checking (SVEC) request to confirm the individual’s ongoing right to work.

Further information on licensing requirements, including right to work obligations, is available on the Buckinghamshire Council website.

3.12 Other Agency Checks

We may need to carry out other checks which may include other Buckinghamshire Council departments, other licensing authorities where an applicant has previously lived, held or currently hold a licence and external authorities such as the police. Checks may also be carried out using fraud prevention and application verification technology.

3.13 Intended Use Policy – Hackney Carriage Drivers

If you are applying for a hackney carriage driver licence, including dual hackney carriage and private hire driver licence, you must show that you genuinely plan to use Council-licensed hackney carriages mainly within Buckinghamshire Council’s area. The Council will check your home address to help confirm this.

The Council is unlikely to give you a licence if you plan to use a hackney carriage mostly outside Buckinghamshire Council’s area. However, if there are special reasons, the Council may consider your application, but keeping the public safe will always be the top priority.

See Appendix 9.

3.14 Renewal of Licences

It is the responsibility of existing licence holders to ensure that they apply for the renewal of their licence before it expires. The Council will not accept a renewal application after the licence has expired – in these circumstances a new licence application will be required. Licence holders are responsible for ensuring their renewal applications are submitted in good time.

If you submit a new application in these circumstances within three months of the expiry of your previous licence you will not, however, be required to undertake the knowledge test, practical driving test, English language or safeguarding, equalities, diversity and inclusion training (unless you are due to take refresher training).

Applications may be made up to three months in advance of the expiry date to allow sufficient processing time. Failure to submit a complete renewal application with sufficient time before the licence expires may result in the licence lapsing before the renewal application is determined, meaning the driver will not be permitted to work until the application has been determined and a licence granted.

Under no circumstances will renewal (or new) licences be issued without full and satisfactory checks having first been carried out, including medical and Disclosure and Barring Service checks.

We aim to send electronic reminders to current licence holders to help them renew on time. To receive these notifications, licence holders should keep their contact information updated such as email and mobile phone numbers.

3.15 Change of Type of Licence

If you want to change from holding a private hire licence to a joint hackney carriage and private hire driver licence, you will be required to undertake any additional relevant tests in addition to any other routine checks such as medical or DBS checks. Please also refer to the intended use policy (Appendix 9) that applies to hackney carriage drivers, including dual use licence holders. If you want to change from a joint licence to a private hire only licence, you will not need to carry out any further checks other than those required as a matter of routine.

In either of the above circumstances, the normal fee will be required on application and no refund will be payable in respect of any existing licence.

3.16 Right of Appeal

If we are considering refusing your application or suspending or revoking your licence you will usually be invited to attend a meeting with an officer of the Council to discuss our concerns and to give you the opportunity to respond. If you do not want to attend a meeting you will be given the opportunity to provide your comments in writing. The final decision about what will happen with your licence will then be made by a senior member of staff in line with our decision-making process which is set out at section 6.

If your licence is suspended or revoked or your application is refused you have the right to appeal to a Magistrates Court and you must do this within 21 days from the date on which the letter confirming the Council’s decision is served on you. Please note that if you choose to appeal, you may be responsible for costs associated with the appeal process, including but not limited to the cost of lodging an appeal, legal expenses, and, if your appeal is unsuccessful, costs incurred by the Council. In accordance with section 77(2) of the Local Government (Miscellaneous Provisions) Act 1976, the licence is generally deemed to remain in force until an appeal has been determined, unless revoked or suspended with immediate effect, see below. This means if your licence is suspended, revoked or refused on renewal you may continue working as private hire or hackney carriage driver until the appeal process has concluded. In circumstances where a driver licence is refused pending outcome of an appeal, the Licensing Service will not issue a new licence and badge and drivers will be expected instead to carry a copy of the Council’s decision notice and evidence that an appeal has been successfully lodged with the Magistrates Court. In circumstances where a driver licence is suspended or revoked and is due to expire while an appeal is pending, it is the licence holder’s responsibility to ensure that they still apply to renew the licence before the expiry date.

If there are serious concerns about public safety, the decision may also be made to revoke or suspend a driver licence with immediate effect which means that the driver will not be able to work or drive a licensed vehicle until any appeal has been concluded. This power would generally only ever be used where there are allegations of serious violence offences, driving or being in charge of a vehicle whilst under the influence of drink or drugs, drug related offence(s), offences of a sexual nature, the driver has been banned from driving or where there is considered to be a serious risk to passengers or members of the public in allowing the driver to continue as a hackney carriage and / or private hire driver.