Private Hire Vehicles (London) Act 1998 (c. 34)

Licences: general provisions E+W

16 Power to suspend or revoke licences. E+W

(1) The [F1 licensing authority] may suspend or revoke a licence under this Act for any reasonable cause including (without prejudice to the generality of this subsection) any ground mentioned below.

(2) A London PHV operator’s licence may be suspended or revoked where—

(a) the [F1 licensing authority] is no longer satisfied that the licence holder is fit to hold such a licence;

[F2 (aa) the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;] or

(b) the licence holder has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act.

[F3 (2A) Subsection (2)(aa) does not apply if—

(a) in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b) in a case where the licence holder has been required to pay an immigration penalty—

(i) more than three years have elapsed since the date on which the penalty was imposed, and

(ii) the amount of the penalty has been paid in full.]

(3) A London PHV licence may be suspended or revoked where—

(a) the [F1 licensing authority] is no longer satisfied that the vehicle to which it relates is fit for use as a private hire vehicle; or

(b) the owner has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act.

(4) A London PHV driver’s licence may be suspended or revoked where—

(a) the licence holder has, since the grant of the licence, been convicted of an offence involving dishonesty, indecency or violence;

[F4 (aa) the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;]

(b) the [F1 licensing authority] is for any other reason no longer satisfied that the licence holder is fit to hold such a licence; or

(c) the licence holder has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act.

[F5 (5) Subsection (4)(aa) does not apply if—

(a) in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b) in a case where the licence holder has been required to pay an immigration penalty—

(i) more than three years have elapsed since the date on which the penalty was imposed, and

(ii) the amount of the penalty has been paid in full.]

Textual Amendments

F1 Words in s. 16 substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 2 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

F2 S. 16(2)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(2) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F3 S. 16(2A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(3) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F4 S. 16(4)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(4) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F5 S. 16(5) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(5) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

Commencement Information

I1 S. 16 partly in force; s. 16 not in force at Royal Assent see s. 40(2); s. 16(1)(2) in force at 22.1.2001 by S.I. 2000/3144, art. 2

I2 S. 16(3) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

I3 S. 16(4) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(c)