Briony Molyneux appears in successful appeal against refusal to grant Private Hire Licence

Mr A was the subject of a sexual assault allegation in 2015 whilst working as an Uber driver. He was accused by a female passenger of kissing her. Briony Molyneux, instructed by Criminal Defence Solicitors, represented Mr A in 2016 at Wood Green Crown at his trial where he was unanimously acquitted by the jury.

However, despite the acquittal Transport for London (TFL) refused to grant Mr A a Private Hire Licence on the basis that he was not a ‘fit and proper person’ within their definition.

This lead to a civil appeal at City of London Magistrates’ Court against TFL’s decision. Briony Molyneux appeared again for Mr A, instructed by ADH Law.

TFL sought to argue that the allegation against Mr A could still potentially have been found proved to the lower civil standard – balance of probabilities –  and therefore were correct to refuse to grant Mr A a Private Hire Licence despite him having been a taxi driver for over 10 years, having been acquitted of the allegation and being of good character.

Submissions were made that TFL’s grounds were unfounded and the Bench found in Mr A’s favour allowing the appeal.

Briony also submitted that due to TFL failing to follow their own policy correctly when investigating Mr A that Perinpanathan v Westminster Magistrates’ Court [2010] 1 WLR 1508 did not apply and Mr A should be able to recover his own costs. The Bench again found in Mr’s A favour and ordered that TFL pay a contribution towards the costs of the appeal. 

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