A rather expensive lesson
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| council's decision not to give taxi licence is upheld http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=39713 |
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| Author: | captain cab [ Sun Jul 30, 2023 4:20 pm ] |
| Post subject: | council's decision not to give taxi licence is upheld |
Oxfordshire council's decision not to give taxi licence is upheld A taxi driver was refused a new licence by the council after it emerged he failed to disclose key information in his application form. Hekuran Gjeta, 45, who had successfully obtained licenses in 2013, 2016 and 2019, claimed not to have realised he needed to tell the Vale of White Horse District Council when he renewed his licence in 2022 about a 2009 police caution for threatening behaviour or that in 2011 Oxford City Council had refused to grant him a hackney carriage licence. But a judge and two magistrates rejected his explanations, telling an appeal hearing at Oxford Crown Court that the council licensing officers had been right to refuse his application last summer. Delivering the panel’s judgment on Friday (July 28), Recorder Alexander McGregor went through the council’s four reasons for refusal set out in a letter to Gjeta in August 2022. First, the driver had failed to disclose a 2009 police caution for threatening behaviour. “We find that the appellant had no proper excuse for that non-disclosure,” Recorder McGregor said. “Moreover, he knew it was relevant to his licence application because that very caution had been put to him in person in 2011 when he applied unsuccessfully to Oxford City Council for a Hackney carriage driver’s licence. “So, for that reason we find there was no excuse for that non-disclosure and therefore it was deliberate.” The judge said: “Secondly, the applicant was refused a licence by Oxford City Council in 2011 and that was not declared to the Vale of White Horse District Council when he applied to them. “In evidence, the applicant sought to excuse this failure by saying that he thought he’d only been refused by Oxford because he’d failed the knowledge test and he wasn’t therefore aware this was something he needed to disclose to the Vale of White Horse. “However, that cannot be right because the caution and his behaviour towards staff were put to him at his meeting with Oxford City Council in 2011. “He therefore knew it was those matters which were being taken against him when he was refused the Oxford City Council licence. “His explanation that he thought he had been refused that licence simply because he failed the knowledge test does not stand up to scrutiny.” Turning to the failure to declare a conviction for speeding he had received in February 2021, Recorder McGregor told the court: “It’s clear from previous application forms that the appellant knew that speeding offences were disclosable and that he has had more than one of those in the past.” Gjeta gave ‘no satisfactory – or, indeed, any answer’ for failing to disclose a police ‘community disposal’ received in May 2022. “Even if there were no other matters to consider we consider that the appellant would not be a fit and proper person to hold a Hackney [licence],” the judge said. “He has exhibited dishonesty in his dealings with the council in regard to the licence application process.” The bench ordered Gjeta, of Normandy Crescent, Oxford, pay £1,000 in costs to the council after his appeal was thrown out. source: https://www.heraldseries.co.uk/news/23688744.oxfordshire-councils-decision-not-give-taxi-licence-upheld/ |
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| Author: | captain cab [ Sun Jul 30, 2023 4:35 pm ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
A rather expensive lesson
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| Author: | Sussex [ Sun Jul 30, 2023 6:25 pm ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
captain cab wrote: A rather expensive lesson Taxi and PH drivers pi**ing their money up the wall, that is the courts, is sadly not an uncommon event. Many a lawyer’s holiday has been funded by our trade |
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| Author: | StuartW [ Mon Jul 31, 2023 10:34 am ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
Not the clearest article - got most of the way through it wondering how the offences from 2011 had never been picked up when his badge was granted and renewed. Then near the end it's mentioned that he's had a recent speeding offence since his last renewal. But doesn't the fact that he was granted or renewed three times point to some shortcoming in the CRB or DBS system, or the council's own procedures? |
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| Author: | Sussex [ Mon Jul 31, 2023 5:53 pm ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
Quote: But doesn't the fact that he was granted or renewed three times point to some shortcoming in the CRB or DBS system, or the council's own procedures? Yes if they missed them in the first place. But maybe they didn't miss them and he received warnings. When he committed further license breaches maybe they used the previous warnings in a totting-up process. |
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| Author: | StuartW [ Mon Jul 31, 2023 7:36 pm ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
Sussex, a kind of totting-up process would certainly explain it all, but the article reads like the council have only just become aware of the stuff that happened in 2009 and 2011. So you could be right, but it's certainly not adequately explained in the article 
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| Author: | captain cab [ Mon Jul 31, 2023 8:52 pm ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
StuartW wrote: Sussex, a kind of totting-up process would certainly explain it all, but the article reads like the council have only just become aware of the stuff that happened in 2009 and 2011. So you could be right, but it's certainly not adequately explained in the article it'll be in the minutes of the council meeting i guess |
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| Author: | StuartW [ Tue Aug 01, 2023 10:29 am ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
Captain Cab, if you're anything like me then it takes quite to get me to look at online council minutes  But I nominate you to go down that particular rabbit hole... 
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| Author: | captain cab [ Tue Aug 01, 2023 6:23 pm ] |
| Post subject: | Re: council's decision not to give taxi licence is upheld |
StuartW wrote: Captain Cab, if you're anything like me then it takes quite to get me to look at online council minutes But I nominate you to go down that particular rabbit hole... Thanks  The last meeting on the council website was April 2022, and its restricted http://democratic.whitehorsedc.gov.uk/documents/g3072/Agenda%20frontsheet%20Wednesday%2006-Apr-2022%2010.30%20Taxi%20Licensing%20Panel.pdf?T=0 |
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