Sussex wrote:
JD wrote:
The answer to that is no they can't stop him. If he wishes to retain the license and he thinks there may be severe repercussions he might wish to transfer his license to his wife or relative until such time the issue is resolved.
Could they not suspend the license?

They could try and suspend his hackney carriage driving license if and when he goes before the committee, which would be subject to appeal in any case. There is nothing in law as far as I know to stop him transfering his proprietors licence even if that was suspended. However they could only suspend his vehicle licence under certain circumstances the main one being of course vehicle safety. The revocation and suspension of a license is set out quite clearly in section 60 of the MPA.
Section 60 - Suspension and revocation of vehicle licences
(1) Notwithstanding anything in the Act of 1847 or in this part of the Act, a district council may suspend or revoke, or (on application thereof under section 40 of the Act of 1847 or section 48 of this Act, as the case may be) refuse to renew a vehicle licence on any of the following grounds -
a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle;
b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this Act by the operator or driver; or
c) any other reasonable cause.
(2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the licence within fourteen days of such suspension, revocation or refusal.
(3) Any proprietor aggrieved by a decision of a district council under this section may appeal to a magistrates' court.
The main point that would come into play was the referrence to any other reasonable cause. However, here is the salient point. You are fully aware of the Wirral case where the complainants tried to plead relief under the Human rights act, well they didn't have a case because their license wasn' t being affected in any way but in this case the scenario could well be different. I'm not saying it would but it could be a possibility.
Regards
JD