David Lewis-Hall successfully represented a taxi driver in an appeal by way of case stated against the decision of Brighton Magistrates’ Court to uphold the decision of Brighton and Hove City Council to revoke his hackney and private hire licences.
David, instructed by Quality Solicitors Howlett Clarke, persuaded the High Court that they should depart from the previous decision of the High Court in Canterbury City Council v Ali [2013] EWHC 2360 (Admin). The High Court agreed that the Court of Appeal decision in Muck IT Ltd v Merritt and others [2005] EWCA Civ 1124, concerning licences for goods vehicles, should be followed in the context of taxi licencing due to the stark similarity between the two statutory regimes. Accordingly, it was held that the Magistrates’ had erred in placing the burden on the taxi driver to satisfy them that he was a fit and proper person when considering the revocation of his licence for “any other reasonable cause” under the Local Government (Miscellaneous Provisions) Act 1976 s.61(1)(b). The burden of proof was held to fall on the local authority as the licensing authority, who must show that the taxi driver was no longer a fit and proper person to hold the licences.
The decision is of general importance to appeals by taxi drivers to the Magistrates’ Court against revocations and suspensions of their licences by their local authority.
The High Court has remitted the matter to the Brighton Magistrates’ Court for a re-hearing before different Justices of the Peace applying the correct burden of proof.
David took up this case following the sad passing of Ghulam Hussein who represented the taxi driver in the Magistrates’ Court. This was a case that Ghulam had shown great passion for and David is honoured to have succeeded in proving that Ghulam was right!
