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PostPosted: Fri Oct 30, 2015 8:18 pm 
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Whilst the burden of proof is on an applicant to prove they are 'fit and proper', the burden of proof is on a licensing authority to prove a license holder is not 'fit and proper'.

http://www.taxi-driver.co.uk/Burden%20of%20proof.pdf

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PostPosted: Fri Oct 30, 2015 10:21 pm 
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good case - emailed it out ;)

I note the respondent didn't turn up :shock:

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PostPosted: Fri Oct 30, 2015 11:03 pm 
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captain cab wrote:
good case - emailed it out ;)

I note the respondent didn't turn up :shock:

I don't think they were required.

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PostPosted: Thu Nov 05, 2015 6:17 pm 
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Sussex wrote:
Whilst the burden of proof is on an applicant to prove they are 'fit and proper', the burden of proof is on a licensing authority to prove a license holder is not 'fit and proper'.

http://www.taxi-driver.co.uk/Burden%20of%20proof.pdf


Pertinent case for those whose licence renewal is delayed until a DBS check is returned


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PostPosted: Thu Nov 05, 2015 8:54 pm 
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silvercab wrote:
Pertinent case for those whose licence renewal is delayed until a DBS check is returned

Good point.

But if they don't license until you get your DBS back, and that arrives back after your renewal date, then you no longer have a license and the burden is back on you.

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PostPosted: Fri Nov 06, 2015 6:20 pm 
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Sussex wrote:
silvercab wrote:
Pertinent case for those whose licence renewal is delayed until a DBS check is returned

Good point.

But if they don't license until you get your DBS back, and that arrives back after your renewal date, then you no longer have a license and the burden is back on you.


Yes true, BUT can they refuse to RENEW (rather than grant) a licence because a DBS check which they themselves have processed has not been returned, I don't think they can. The legislation (1976 LGMPA sec 61) offers only the following reasons for refusal to renew;

(a)that he has since the grant of the licence—
(i)been convicted of an offence involving dishonesty, indecency or violence; or
(ii)been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act; or
(b)any other reasonable cause.

If a LO refused to renew then they are making the licensee prove his innocence, which the Kaivanpor ruling has proved to be unlawful


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