Ben Douglas-Jones appeared for the Respondent in the appeal of Reigate and Banstead Borough Council v Pawlowski [2017] EWHC 1764 (Admin). The High Court agreed with Ben Douglas-Jones that a council or a reviewing court is not functus officio where a private hire vehicle driver’s licence is suspended and further material evidence comes to light. While a suspension is not an interim – but a final – sanction (see R (Singh) v Cardiff County Council [2012] EWHC 1852 (Admin), [2013] L.L.R. 108), the council or court can nevertheless take into account further information and decide whether to reconsider whether suspension or revocation is appropriate.
The Court also found that where it was apparent how magistrates had arrived at a decision from the arguments before them and the decision made, detailed reasons were not necessary. In this case the costs order in the Respondent’s favour would stand.