I have been down to our council this morning with a prospective driver for a panel hearing. I have previously mentioned this driver from 3 years ago when he had his license revoked after a conviction for benefit fraud. He applied for a new license and was called before the committee this morning. basically the licensing officer had recommended that the application be refused because he had not paid any of the money back. I went with him because he is not very good in these situations. We showed the committee that he had in fact been making payment of £20 per month until last November when payments were increase to £40 per month. This being all that he can afford out of his £4500 per year wages from part time employment, after all he does have to live.
The committee decided that he was not a fit and proper person to be granted a license because he had not paid enough of the money back. one of the committee even told him that he should get a proper job. I thought this was a very condescending remark to make given that the chap is unqualified and weight aproximatly 30 stone so he would struggle to do most jobs.
Do you think that he should appeal to the magistrates court and if so on what grounds?

1) erred in law

2) based their decision on an incorrect material fact

3) acted contrary to natural justice

4) exercised their discretion in an unreasonable manner

The committee decided that he was not a fit and proper person to be granted a license because he had not paid enough of the money back. one of the committee even told him that he should get a proper job.

Do you think that he should appeal to the magistrates court and if so on what grounds?

If he does he should do so on the grounds of the licensing committee being unreasonable.

Who set the re-payment rate?

good post Gary

I have been down to our council this morning with a prospective driver for a panel hearing. I have previously mentioned this driver from 3 years ago when he had his license revoked after a conviction for benefit fraud. He applied for a new license and was called before the committee this morning. basically the licensing officer had recommended that the application be refused because he had not paid any of the money back. I went with him because he is not very good in these situations. We showed the committee that he had in fact been making payment of £20 per month until last November when payments were increase to £40 per month. This being all that he can afford out of his £4500 per year wages from part time employment, after all he does have to live.
The committee decided that he was not a fit and proper person to be granted a license because he had not paid enough of the money back. one of the committee even told him that he should get a proper job. I thought this was a very condescending remark to make given that the chap is unqualified and weight aproximatly 30 stone so he would struggle to do most jobs.
Do you think that he should appeal to the magistrates court and if so on what grounds?

If he does he should do so on the grounds of the licensing committee being unreasonable.

Who set the re-payment rate?

I have been down to our council this morning with a prospective driver for a panel hearing. I have previously mentioned this driver from 3 years ago when he had his license revoked after a conviction for benefit fraud. He applied for a new license and was called before the committee this morning. basically the licensing officer had recommended that the application be refused because he had not paid any of the money back. I went with him because he is not very good in these situations. We showed the committee that he had in fact been making payment of £20 per month until last November when payments were increase to £40 per month. This being all that he can afford out of his £4500 per year wages from part time employment, after all he does have to live.
The committee decided that he was not a fit and proper person to be granted a license because he had not paid enough of the money back. one of the committee even told him that he should get a proper job. I thought this was a very condescending remark to make given that the chap is unqualified and weight aproximatly 30 stone so he would struggle to do most jobs.
Do you think that he should appeal to the magistrates court and if so on what grounds?

Benefit fraud is theft, would you give a thief a job? I'm with the licensing officer on this one.

Another thing, he's 30 stone and morbidly obese and no doubt suffers from sleep apnoea, IMO he's a danger to the travelling public and other road users.