Like the MK case yesterday, quite a lot going on here
Rhos-on-Sea taxi driver who lost his livelihood after sex assault allegation regains his licencehttp://www.northwalespioneer.co.uk/news ... s-licence/A taxi driver who lost his livelihood after allegedly misleading councillors over an investigation into a claim that he had sexually assaulted a passenger has had his licence returned.
After a successful appeal at Llandudno magistrates’ court Tony Scott said he was angry at the way his case had been handled by Conwy County Borough Council.
“The last nine months have been terrible,” he said. “I lost my job and managed to keep my house only because my mother helped me out. My wife, who stayed with me, had to take a part-time job while I looked after our children.”
His ordeal began in October last year when a student at Llandrillo College told a tutor that Mr Scott, who held a contract to take her and other students to and from college, had assaulted her on a couple of occasions as he drove her alone.
The 20-year-old alleged that he questioned her about the sexual activities she enjoyed with her boyfriend and told her what he and his wife did.
She also claimed that he squeezed her breast on top of her bra after he had asked her to open her blouse, and put his hand down inside her trousers.
The woman, who cannot be named, told her tutor: “Why did he do this to me? He is so nice.”
The college reported the matter to the police and to the council as licensing authority.
Mr Scott, of Marine View, Rhos-on-Sea, was suspended and when interviewed by the police denied that anything had occurred, commenting: “This is totally ridiculous. It is absolute lies.”
He said that student had been upset and tearful going into college that day because he had told her off for not wearing her seatbelt, but that the following morning everything was normal again.
On the day that the licensing committee was due to consider what action to take Mr Scott surrendered his licence, and he said he did so on the advice of licensing officer John Donnelly who said he could re-apply when the police investigation was concluded.
In February Mr Scott was informed by the police that no charges were being brought because of a lack of evidence, so he re-applied.
When he appeared before the committee in May he told members that the police had found no evidence, but the official explanation by the police was that there were “evidential difficulties” .
Solicitor Delyth Crisp told the court that that “misrepresentation of the truth” was one of the reasons why the committee refused his application, considering he was not a fit and proper person to hold a licence.
“What the police had said was that there was insufficient evidence to bring criminal prosecution, for which there is a high threshold, not that there was no evidence. ” she said.
“A licence holder requires a very high level of trust – trust in the person and in the licensing regime,” she added.
It was also the council’s policy not to grant a licence to anyone within three years of a licence being surrendered, but Mr Scott said he had not been told that by Mr Donnelly when advised to surrender it.
Asked by Mr Scott’s barrister Amy Stroud why he had not told him of the “three-year ruling”, Mr Donnelly replied: “I was merely answering questions.”
In evidence Mr Scott said he had not deliberately misled the committee, adding: “I feel I am the victim....it has been a big slur on my character.”
Upholding Mr Scott’s appeal against the council decision, chairman David Davies said Mr Scott had not received written confirmation of the police decision and the reasons for no prosecution until after the licensing committee meeting.
“We find therefore that he is a fit and proper person,” he said.
Referring to the policy not to grant a licence within three years of surrendering, he commented: “He surrendered it on legal advice and was not told of the consequences.”
The Bench refused an application by Ms Stroud for costs to be awarded against the council.
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