Court upholds refusal of PHV licence over failure to disclose convictions

St Albans City and District Council has successfully defended its decision to turn down an application for a private hire driver’s licence, after the applicant failed to disclose driving-related convictions during the application process.

St Albans Magistrates’ Court ordered the applicant to pay the council costs of £4,505 after dismissing his appeal at a hearing last month.

The court heard that the man had applied to the council for a private hire driver’s licence in January 2016.

While St Albans was processing the man's application, he was convicted of failing to stop after an accident and driving without due care and attention.

The applicant did not voluntarily disclose his convictions to the council, as required and stated on the application form.

The local authority found out about the convictions after the applicant was asked to complete a Disclosure and Barring Service check.

St Albans’ policy states that following convictions for road traffic offences 12 months would normally have to elapse before a licence can be issued.

As this period had not expired, it invited the applicant to give his account of the events leading up to the convictions. The council was not persuaded there were any mitigating circumstances and rejected the application for a licence.

The man then appealed against the council’s decision.

The appeal was dismissed by the Magistrates’ Court on the grounds that he had fallen short of the standard required of drivers. This was due to the applicant’s failure to voluntarily disclose convictions to the council that had arisen during the licence application process.

Cllr Beric Read, Business and Community Portfolio Holder for St Albans City and District Council, said: “Under the law, the council has to assess whether an applicant for a taxi licence is a ‘fit and proper person’. Our application form states that applicants must keep the Council informed of any prosecutions or convictions. This case shows that if an applicant fails to tell us of a subsequent conviction then it will impact their application for a licence.”