Convicted cabbie [sic] fails to overturn licensing ruling
06/05/2011 14:00
A former taxi driver has been told he is ‘not a fit or proper person’ to hold a licence after failing to notify the authorities of several motoring convictions.
Asmin Ashfaq, of Derby Street, Burton, appeared at Burton Magistrates’ Court to appeal against a decision by East Staffordshire Borough Council to revoke his taxi licence.
A three-hour hearing was told how the 27-year-old’s private hire driver’s licence was withdrawn by the authority’s licensing sub-committee at a hearing on February 1.
The complainant first obtained his licence in April 2009 and failed to notify the council at that time that he had already been convicted of speeding.
In May, Ashfaq was convicted of using a motor vehicle without third party insurance and, under the conditions of the complainant’s licence, he should have notified the licensing team when he was charged with the offence and again when he was convicted.
The Horninglow Street courthouse also heard how Ashfaq should have produced his driver’s licence to the licensing team because he had eight points endorsed on it for a conviction in September 2009.
The authority was unaware of any of the matters and was only informed after a police spot check.
By failing to notify the council, Ashfaq was in breach of the conditions of his private hire driver’s licence and had to appear in front of the sub-committee so members could determine whether he should continue to hold a private hire licence.
The court heard how Ashfaq also had 11 points on his licence — the council’s policy is that any driver with more than 10 points has to appear in front of the subcommittee so its members can determine whether they are suitable to carry out duties.
Ashfaq appeared in front of the subcommittee in December 2010 and, as part of that hearing, he was asked if there were any other matters he should bring to the members’ attention — to which he answered ‘no’.
However, Ashfaq was fully aware that he had not had insurance for his taxi from November 17 to 26, 2010.
The complainant attended the licensing office on December 3 to answer questions on the subject and was subsequently given a formal warning on December 21.
Ashfaq’s licence was then revoked following a final hearing.
Magistrate Chris Butain said Ashfaq’s actions were ‘unacceptable’.
He said: “We have decided to dismiss your appeal for a licence."
“You are not a fit or proper person to hold a licence."
“You failed to notify the authority that you had several motoring convictions and when your vehicle wasn’t insured."
“You were clearly aware of all the conditions of a licence when you passed the test, so there is no excuse to abuse them.”
Ashfaq declined to comment to the Mail.
Source; http://www.burtonmail.co.uk/News/Convic ... 052011.htm
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