Taxi Regulation Act 2013

9.

Grant and renewal of licence

9. (1) The licensing authority may, upon application to it and in accordance with this section and the F8 [ licensing regulations ] grant to the applicant a licence.

(2) An application for the grant of a licence shall be in such form and accompanied by the appropriate fee and such information and documentation as the licensing authority determines.

(3) The licensing authority shall refuse an application for the grant of a licence where the application is not accompanied by the appropriate fee.

(4) The licensing authority may refuse an application for the grant of a licence where the applicant fails to provide to the licensing authority information or documentation required by this Act or regulations made thereunder.

(5) The licensing authority shall not grant a licence where certification required by assessment regulations is not produced with the application for the grant of a licence.

(6) A person who in an application for the grant of a licence gives information or documentation knowing it to be false or misleading commits an offence and is liable on summary conviction to a class C fine.

(7) Every licence, unless it has been revoked or suspended in accordance with this Act, section 34 of the Act of 2003 or section 82 of the Act of 1961, may be renewed by the licensing authority under this section.

(8) A licence to drive a small public service vehicle may only be granted to an individual.

F9 [ (8A) The licensing authority may only grant a licence to drive a small public service vehicle to an individual who holds a driving licence to drive such a vehicle, and ]

(9) A licence (other than a licence referred to in subsection (8)) may be granted to an individual or, in accordance with subsection (10), a company.

(10) Where the applicant for a licence is a company, the applicant shall—

(a) with the application, supply the name and address of any director, shadow director, manager, secretary, member entered in the register of the company, other officer or employee of the company, any person who has control of the company and any person purporting to act in that capacity, and

(b) following the application, if before the application has been determined there is a change in the control of the company, notify the licensing authority of the change.

(11) The licensing authority in considering an application for the grant or renewal of a licence shall have regard to the criteria set out in section 10 .

(12) The licensing authority may, when granting a licence, attach such terms and conditions to the licence as it sees fit.

(13) A licence shall not be granted to an applicant by the licensing authority unless the applicant produces to the licensing authority a tax clearance certificate for the time being in force in respect of the applicant.

F10 [ (14) The holder of a licence shall, during the period of validity of the licence, hold a tax clearance certificate issued to such holder for the time being in force.

(14A) Where the holder of a licence for the time being in force surrenders the licence to the Authority, the licence stands revoked upon its surrender, ]

(15) It is a term of a licence that the holder of the licence complies with the regulations under this Act applicable to the licence.

(16) Where an application for the renewal of a licence is made within the period provided by licensing regulations and the application is not determined before the expiry of the licence, the licence continues in force until the application has been so determined.

(17) Subsection (16) does not apply to an application referred to in that subsection where the application is not accompanied by information or documentation required by this Act or regulations made thereunder.

(18) A licence granted under regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961 which is in force immediately before the commencement of this section continues in force until it expires in accordance with its terms and is subject to this Act.

(19) In this section—

“appropriate fee” means the fee provided under licensing regulations to be charged in respect of an application for a licence;

“tax clearance certificate” means a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002) of the Taxes Consolidation Act 1997.