Statutory licences: Protect your business during an appeal

Blogs 29 Sep 2021

Our legal experts from FSB Legal Protection Scheme explain how suspension or non-renewal of your statutory licence could affect your business and what additional protection is available for FSB members.

driving instructor statutory licence

What is a statutory licence? 

From taxi licences to street trading and market licences, your business may require a licence of some form by law in order to operate. For example, under the Licencing Act 2003, you need a premises licence to sell or supply alcohol, provide entertainment or serve late-night hot food and drink.  

You must apply for this to the licencing authority in your area, typically your local authority. Without one, you could face a fine and be unable to trade. 

My licence renewal has been refused or cancelled, what can I do? 

If your licence has been suspended, cancelled or refused renewal, it can throw a spanner in the works and leave your business unable to operate. You can appeal a decision made by your council, but this can get costly and time-consuming.  

Here is how one FSB member was able to make a claim under their legal protection insurance policy regarding their operator’s license. 

What happened? 

“I am a driving instructor and have been an FSB member for 4 years. I was recently contacted by DVSA and they are refusing to renew my operator’s licence. I can’t provide a service to my customers without a licence.” 

How did FSB help you? 

“I contacted FSB straight away and was so relieved to find out that I had cover under the legal protection insurance policy to make a claim under the statutory licence protection section. I never knew I had this cover as part of my membership. I am now going to check my member guide and policy carefully to see what other cover is available as a member. Thank you, FSB!” 

Public inquires and changes being made to your licence 

From time to time, relevant regulatory bodies/Licencing authorities will carry out inspections to ensure your adherence to your licence conditions. Following which they may issue notices or decide to hold a public inquiry in order to investigate any perceived shortcomings or alleged failure to adhere to the rules.  

Here is how another FSB member was relieved to find their policy would provide them with assistance when faced with a public enquiry into their Goods Vehicles Operator’s Licence instigated by the Traffic Commissioner.  

What happened? 

“I run a skip hire company and have been an FSB member for many years. I have used the legal advice line and legal hub on several occasions and have been able to get some excellent advice and support. I have Goods Vehicle Operators licence and have recently been subject to investigation by DVSA (formerly VOSA). The Traffic Commissioner has reviewed the case and instigated a Public Inquiry.” 

How did FSB help you? 

“Another member told me about the legal protection insurance cover I had as part of my membership, so I made enquiries. It is really comforting to know that I am able to make a claim under the policy to assist me with the Public Inquiry.” 

What extra protection is available for FSB members? 

Find out more about the legal protection offered to you through your membership. 

If your license is under threat of suspension, revocation, alteration or non-renewal, and is necessary for your business to continue, you can access legal representation as an FSB member to support you through it.  


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