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PostPosted: Mon May 28, 2018 10:24 am 
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I'm saying nothing 8-[

Fife taxi driver calls for licensing changes

https://www.thecourier.co.uk/fp/news/lo ... g-changes/

A taxi driver whose treatment by Fife councillors was slated by a judge, has called for a change in the licensing process.

The driver was called a bully and denied a renewal of his licence during a committee meeting which resulted in one councillor being sanctioned.

He had a conviction for stalking his ex-wife but councillors on the regulation and licensing committee were also told of two historical allegations of abuse against a woman and a child, one of which he was found not guilty and another which was dropped due to a lack of evidence.

His licence was granted on appeal by a judge who ruled Councillor David MacDiarmid’s comments questioning why anyone would marry the driver and branding him a bully were “tainted with prejudice and bias”.

The driver, who asked not to be named, said councillors should not have the final say in such decisions affecting people’s livelihoods.

He said: “They said it was going to be like a civil hearing, but it was the very opposite of civil.

“I was bombarded with questions and not allowed to answer them properly.”

The council’s regulation and licensing committee is a statutory authority with the power to grants, suspend or cancel licences.

However, the driver suggested councillors’ decisions should be ratified by legally-trained officers before they become binding.

He also said it was vital applicants’ representations should be given equal prominence to police comments.

Although a police report detailing the allegations against him — but not objecting to his licence — was read out during the hearing, his lawyer’s letter was not.

He said: “Things need to change, this can’t continue. They are dealing with people who have families to support and mortgages to pay.

“Before this I had driven a taxi for seven years without a single complaint to my employer or to the council.

“Eight weeks earlier I had been approved to drive for school contracts.”

Morag Ferguson, the council’s head of legal services, said: “All councillors involved in making regulatory decisions are provided with training when they are appointed to the relevant committees.

“In addition, a legal adviser is available for advice in advance of committee meetings and is present at committee meetings if further advice is required.”

Howe of Fife SNP councillor Mr MacDiarmid was suspended from the committee for two months by the Standards Commission for Scotland.

It found he had breached the councillors’ code of conduct by making remarks of a personal, offensive or insulting nature.


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PostPosted: Mon May 28, 2018 7:59 pm 
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StuartW wrote:
The driver, who asked not to be named, said councillors should not have the final say in such decisions affecting people’s livelihoods.

Well in the end they didn't.

That said from my experience councillors usually favour those that come before them, it's officials that are often more harder to convince that you should be allowed to continue with your license intact.

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PostPosted: Mon May 28, 2018 7:59 pm 
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StuartW wrote:
“In addition, a legal adviser is available for advice in advance of committee meetings and is present at committee meetings if further advice is required.”

Have they been sacked then?

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PostPosted: Tue May 29, 2018 5:18 pm 
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Sussex wrote:
StuartW wrote:
“In addition, a legal adviser is available for advice in advance of committee meetings and is present at committee meetings if further advice is required.”

Have they been sacked then?


Not clear though whether problem is loose cannon councillors or bad advice from officials. From experience suspect it's a case of both, depending on the scenario under question.

Sussex wrote:
That said from my experience councillors usually favour those that come before them, it's officials that are often more harder to convince that you should be allowed to continue with your license intact.


Yes, but consistent with my point above, it no doubt varies according to the particular circumstances, and between different councils.


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