A lot of these appeals are obviously lost causes, but not much chance of success these days for this kind of offence in particular
On the other hand, and as regards hopeless cases, maybe there are more successes than the 'news' gives the impression of. Because if councils lose cases, pretty unlikely they'll be issuing press releases to publicise that they've lost in court, and lost a shedload of money to boot
In fact they're so pleased with themselves here they've felt the need to repeat the first paragraph twice
Buckinghamshire taxi driver refused licence to ensure public protectionhttps://www.buckinghamshire.gov.uk/news ... rotection/Buckinghamshire Council has successfully defended in court a decision to refuse a hackney carriage and private hire driver licence application due to the applicant’s previous caution for sexual assault. The action demonstrates the council’s number one priority of ensuring public protection when it comes to the licensing of taxis and private hire drivers and vehicles.Buckinghamshire Council has successfully defended in court a decision to refuse a hackney carriage and private hire driver licence application due to the applicant’s previous caution for sexual assault. The action demonstrates the council’s number one priority of ensuring public protection when it comes to the licensing of taxis and private hire drivers and vehicles.
Mr Basit Ali accepted a caution for sexual assault in 2012. Mr Ali’s licence was revoked at the time and subsequent applications for new licences were refused in 2015, 2016 and 2018.
Mr Ali applied once again in 2023 and after careful consideration of the application in accordance with Buckinghamshire Council’s current policy, a decision was made to refuse Mr Ali a licence on the basis that he could not be considered fit and proper. Buckinghamshire Council takes a firm line on conduct of a sexual nature and a caution is treated in the same way as a conviction under the policy. This means, in line with national standards, any applicant with a history of sexual offences, even where they occurred sometime in the past, can usually expect to be refused a licence.
Buckinghamshire Council received an appeal from Mr Ali against the decision to refuse his licence application, which was heard at Wycombe Magistrates Court on 19 December 2024.
Mr Ali argued that too much weight had been given by the council to his previous caution and insufficient weight to the subsequent passage of time and his positive conduct since the caution. Magistrates found that the council was correct to make the decision based on its policy and there were no exceptional circumstances in Mr Ali’s case.
Mr Ali’s appeal was dismissed, and he was ordered to pay Buckinghamshire Council’s costs in the case of £5,740.56.
Mark Winn, Cabinet Member for Homelessness and Regulatory Service, said:
"The safety and wellbeing of the public is of paramount importance to Buckinghamshire Council. It is in the best interests of the taxi trade that the public have confidence in the safety of taxi vehicles and of those driving them and we therefore remain committed to applying our policies robustly and this includes ensuring that only those individuals who are deemed fit and proper are granted licences. Our firm stance on sexual offences reflects our dedication to safeguarding passengers and maintaining the highest standards of safety within our community."
Under Buckinghamshire Council’s Hackney Carriage and Private Hire Licensing Policy, applicants who have committed an offence involving or connected with illegal sexual activity or any form of indecency will not be granted a licence.
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