Appealing a taxi licence decision

Guidance for licensed drivers appealing decisions made by the council

Hinckley & Bosworth Borough Council is the licensing authority for hackney carriage and private hire drivers and vehicle licences. Sometimes the council makes decisions that result in an application for a driver, vehicle or operator licence being refused. Other decisions may result in a licence being cancelled or suspended.

These decisions may be made by an officer or by a licensing sub-committee of the council. If you are unhappy at the decision that is made, then the only way to appeal is through the magistrates court.

The process

The first stage of the process is quite simple:

• You need to write to Leicester Magistrates Court, The Court House, 15 Pocklingtons Walk, Leicester, LE1 6BT (At the end of this guidance you will find a suggested letter you might want to use)
• The letter must be accompanied by a cheque for £200
• The letter must arrive at the Magistrate’s Court within 21 days of you receiving a notice of decision from the council

What happens next

Once the court has received your letter, they will inform you of the place and date of the first hearing. You should give some thought as to whether you need to consult a solicitor. A solicitor will conduct your case in court and take care of the administration between you, the court and the council. The council will be represented by its own solicitors.

If you decide not to use a solicitor, then you can conduct your own case. It is essential that you attend the date of the first hearing, if you don’t attend, the council’s solicitor may ask for the case to be withdrawn. If the magistrates agree, the matter will not be reheard, and your appeal will be lost.

Initial hearing

At the first hearing, the magistrates will decide what the main issues in the case are and which witnesses are to be called. The court will estimate the length of time that it will take to hear your appeal and the appeal will be carried on at a date when all of the witnesses are available, and the court has time to hear the appeal in full.

The court may require that you provide written evidence of the reasons for your appeal. This may take the form of handwritten notes or written statements. A magistrate’s clerk is always present, and they will take the time to explain in detail what you need to achieve. They will also guide you through the courtroom process.

Next arranged hearing

You or your solicitor must be present at the next arranged hearing. If you don't go, the solicitor for the council will ask the court to dismiss your application. The council will also ask the court to order that you pay the costs it has spent on preparing for the appeal. 

At the full hearing the council’s solicitors will normally produce written evidence of the reasons why your licence was refused, revoked or suspended but may also produce witnesses who will give their evidence from the witness box under oath.

You may also produce written evidence and witnesses and you may want to give evidence yourself under oath (or affirmation) from the witness box. The magistrates may wish to ask you questions and you may be cross-examined by the council’s solicitors. The magistrates will make their decision based on evidence given from the witness box and any written submissions they have seen.

If you do not wish to give evidence under oath, you may want to address the magistrates from the floor of the court. The magistrates will listen to what you say but may not give as much weight to it as they would if the evidence was given under oath (or affirmation). Again, a clerk will be on hand to guide you and the court.

Decision

After all the evidence is heard the magistrates will normally retire and make their decision. If they decide in your favour, they may award you the costs of your case. You will be required to give a breakdown of the costs of preparing your case and the time spent at court during the hearing/s. 

This will also apply to the council if the magistrates find in its favour. However, as the council will use a qualified solicitor who is likely to spend an appropriate amount of time preparing the case, the council’s costs may be substantial. The magistrates do not always award costs to the council, but this decision cannot be known in advance.

If the magistrates award costs to the council, it will be an ‘inter partes’ order. This means that the magistrates court will not enforce the costs order and the council would have to enforce it through the county court, by obtaining a judgement against you. A judgement is recorded on a national database and could affect your credit rating. If you do not pay the judgement, the council may send bailiffs to seize your goods.

Last updated:‎ ‎13‎/‎02‎/‎2024‎ ‎16‎:‎41‎