George Gawith (Taxis) Ltd, R (on the application of) v Liverpool City Council

A local authority may adopt a firm policy that an expired hackney carriage vehicle licence cannot be retained indefinitely for possible future renewal. The statutory scheme confers discretionary powers and does not create an entitlement to preserve an expired licence or its plate. A course of permitting late renewals may generate, at most, an expectation that reasons for delay will be considered. It does not ordinarily establish an expectation that renewal will continue indefinitely. Judicial review remains supervisory: the court will intervene only on a recognised public law ground. Where clear warnings, substantial time and an opportunity to explain the delay have been provided, refusal of further renewal may be lawful and reasonable.

The claimant operated a fleet of Liverpool taxis whose hackney carriage vehicle licences had expired during and after the Covid-19 pandemic. The defendant had temporarily adopted relaxed arrangements allowing expired licences and plates to be retained and later renewed. It subsequently required renewal or return of the plates and, on 30 May 2023, stated that no further renewals would be accepted.

Permission for judicial review was refused on the papers by HHJ Halliwell. The claimant sought reconsideration at an open hearing under CPR 54.12. The issues included delay, legitimate expectation, the lawfulness and reasonableness of the defendant’s policy, statutory power, property interests and service of the claim form.

1. Permission refused. The claim had no arguable ground with a realistic prospect of success. The court therefore refused permission for judicial review.
2. The claim was not out of time. Although the section 58 notices had been issued on 21 March 2023, renewals continued to be permitted until the defendant crystallised its position on 30 May 2023. That later decision was properly identified as the target decision and the claim filed on 30 August 2023 was within three months. If necessary, an extension would have been granted.
3. The statutory scheme under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 entrusted discretionary powers and functions to the local authority. The authority was entitled to require annual renewal, transfer or surrender, and to adopt a principled policy against indefinite retention of expired licences. Section 58 used the permissive word “may” and did not impose an absolute duty to require or permit a particular outcome.
4. The previous practice of allowing late renewals, including the relaxed pandemic arrangements, did not create a legitimate expectation of indefinite renewal. The only arguable expectation was that reasons for non-compliance would be considered according to ordinary public law reasonableness. The authority had considered the claimant’s reasons, explained its policy and allowed substantially more time than the original 28-day period.
5. Expired licences and plates might in some circumstances engage property interests, but no identifiable substantive legitimate expectation arose here. The decision was not arguably arbitrary, unjustified, unfair or taken for an improper purpose.
6. The absence of a current mechanism for reallocating returned plates was a distinct issue. The court expressed no view on its lawfulness. If the claim had otherwise been viable, the particular circumstances would also have justified extending time for service of the claim form.
7. The costs order was reduced from £4,900 to £4,000.

• Administrative Court on the papers: HHJ Halliwell refused permission for judicial review, holding that the claim was out of time and had no realistic prospect of success.
• High Court (Administrative Court): Fordham J reconsidered the refusal at an open hearing under CPR 54.12. The court disagreed on the first delay issue but refused permission on the merits and reduced the costs order.