The KIWA has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.
If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The KIWA/ILENT may also attach certain conditions on a taxi driver licence, against which it is also possible to launch an appeal.
