Still in the right lane

In my review of the fourth edition, I referred to this book as the ‘taxi licensing law bible’. The fifth edition now runs to 2,000 pages and the hardback version is approaching the limit of portability, which is essential when moving around council and court hearings.

The book follows a logical sequence, explaining the licensing system for hackney carriage vehicles and drivers outside London, private hire vehicles, operators and drivers outside London, and the processes inside London.  

The text explains the numerous alterations to legislation, case law and guidance since the fourth edition. The author notes that, while there have been significant changes to taxi licensing since 2018, the 2014 recommendations of the Law Commission on taxi and private hire services have still not been responded to by any government. Of 34 recommendations made by a Task and Finish Group in 2018, only three were taken forward (national minimum standards, national enforcement powers and a national licensing database).  Many other recommendations made by the group have still not been addressed, which the author says shows a lack of resolve on the part of any government to address fundamental problems in the hackney carriage and private hire licensing system. These include the major issue of ‘cross-border hiring’ (allowing private hire vehicles and drivers to undertake pre-booked journeys in areas in which neither is licensed).  

The author contrasts the lack of legislative progress in England with the position in Wales, where hackney carriage and private hire licensing is a devolved function. The Welsh government has produced a vision statement flagging its intention to ‘update Wales’s taxi and private hire vehicle licensing system fit for a modern Wales’, concentrating on safety, environment, equality and customer experience. However, he notes that timescales for introducing new legislation in Wales are now slipping.  

The author considers the inexorable rise in the size and popularity of Uber and other national taxi booking services, which allow private hire and hackney carriage drivers to undertake work in areas outside the area where they are licensed. Alongside this, he notes that the hackney carriage trade is declining in many parts of the country, citing a move towards the use of apps to book journeys, rather than flagging down a taxi in the street.  

New legislation is examined, including the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022. This requires local authorities in England to record any refusal or suspension of a driver’s licence on the NR3S database and for all new licence applications to be checked against this database. Similarly, licensing authorities must now report any relevant information they have about a driver to the authority that issued the licence in England, Wales or Scotland, so that they can decide whether to take any action. The text also notes new and updated Department for Transport best practice guidance for licensing authorities in England and similar guidance issued in Wales.

In relation to taxi licensing case law, the author notes that ‘senior courts have been busy since the last edition was published’. The Court of Appeal decision in Hussain v Waltham Forest LBC confirmed earlier rulings that spent convictions can be taken into account when considering driver suitability. Updated case law in relation to costs on licensing appeals is also considered, alongside new decisions on what activities councils can recover through licensing fees.  

Button has included his proposals for national standards for private hire licences, which have become known as ‘The Button Plan’. The plan suggests that one local authority in England and Wales could become the ‘principal authority’ to process and issue all private hire licences. This, he says, would lead to consistent national standards and deal with the significant problems caused by ‘cross-border hiring’. While the proposals only cover private hire vehicles, it is hoped that local authorities will consider taking them forward, which could happen without the need for any change in the law.

While this book is a comprehensive guide to taxi licensing law as it currently stands, the author remains frustrated by the lack of significant legislative progress in taxi licensing since 2018. Attempts to plug legislative holes with guidance rather than legislation are not considered to be satisfactory, which the author believes has resulted in an imperfect taxi licensing system that does not protect public safety.

This remains the essential textbook for those practising in this niche area of law. Whether dealing with taxi licensing, appeals or enforcement, on the applicant or authority side, it is an invaluable text.

Richard Williams is a gambling, licensing and regulatory partner at Keystone Law, London