paulmills wrote:
It is wrong for the local authority to pass the buck! If they have been informed by the Police that they are investigating a 'serious' allegation they should be suspending the driver using Sec 61(1)(b) of the LG(MP)Act 1976..any other reasonable cause, and supporting their action with the case of Leeds City Council v Hussain ( which states that there is no need for a conclusion of reasonable chance of conviction before driver could be suspended)
Quite right, the only difference in the Hussain case and this hypothetical case we are discussing now is that Mr Hussain had actually been charged with an offence. However a person need not be charged for an offence if the Licensing authority have good reason to think that the license holder in question was not now a fit and proper person to hold a license.
Hearsay evidence does not normally carry enough weight to suspend a license but as case law now dictates a recommendation from a Chief Constable recommending that the person in question is not a fit and proper person to hold a license could be sufficient to suspend that license.
We should always remember that there is an appeal process involved here and a notice of appeal must follow any suspension.
Section 61.1.B of the MPA states "any other reasonable cause" and as I have said on previous occasions it is basically a catchall clause.
The Hussain case is an astute judgement, which reverses the Crown Court verdict, which also had its merits. Well worth reading and thank you Paul for mentioning it.
Regards
JD
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