Firearms Licensing Law
An appeal against the decision of the Chief Constable of the Police is to be made to the Crown Court as set out at s.44 of the Firearms Act 1968. The Crown Court is however not operating as a Crown Court for example criminal jurisdiction with a jury. This is because the jurisdiction of the court is operating as an administrative function, left over from the Quarter Sessions, which were local courts that operated only four times a years.
The appeal itself is determined on its merits following presentation of evidence, rather than by way of a review of the decision of the Police. Evidence therefore, which was not available when the Police made their decision can be called at the appeal hearing.
The appellant cannot be asked to submit their evidence first, and so, the Police will be required to submit theirs first. Guidance as to what the courts directions should be was given in the case of: R (Mason) v (1) Winchester Crown Court and (2) Chief Constable of Hampshire 2018 this was to end the unstructured way that firearms appeal were dealt with and instead now provides some useful structure.
Should you have any firearm licensing matters then please feel free to contact me and arrange a free consultation, I and the team can then see if we are able to help
Taxi Licensing Law
One area of popular concern are issues surrounding the private hire taxi drivers license.
A local authority may not grant a private hire driver’s licence, unless they are satisfied that the applicant is a “fit and proper person”. There is no statutory definition of ‘fit and proper person’. Although considered by the case: McCool v Rushcliffe Borough Council 1998 which gave, at that time a definition, although not entirely clear. However, later in Leeds City Council v Hussain 2002, guidance was given as to what ‘fit and proper person’ means in relation to a driver. However different considerations may apply to vehicle proprietors and operators.
The local authority will have a taxi licensing policy, which will set out the requirements for a private taxi drivers license and how to apply.
Should you have any taxi licensing matters then please feel free to contact me and arrange a free consultation, I and the team can then see if we are able to help
David has an LL.B (Hons) degree in law. He was voted one of the UK’s most influential aspiring lawyers. He was also directly involved in the protection of workers’ rights as respected Union Rep for Usdaw, and he is the Non-Executive Legal Director for the Humber Taxi Association.
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