Sussex wrote:
LICENCES ARE TAKEN OFF TAXI OPERATOR
A Taxi operator has had two Hackney Carriage licences taken away over a dispute with drivers. Cheltenham Borough Council's licensing committee withdrew the licences from John Donoher, of Atherstone Close, Springbank, when it heard there were doubts about the legality of how he operated them.
David Wyatt, of Caernarvon Road, and Anthony Green, of Whaddon Avenue said Mr Donoher had got them to sign over ownership of their vehicles to him so they could rent his Hackney Carriage plates for £35 a week.
Both men said they still technically owned the vehicles because they ran them and kept them on the road. The committee heard this practice would have been illegal as a Hackney Carriage licence has to be in the name of the owner of the vehicle it applies to.
Bill Whelan, representing the two drivers said they went to the council because they were concerned what they did with Mr Donoher was illegal.
He said: "It was common practice that this had happened in Cheltenham for a number of years.
"They were private hire drivers who thought they could make more money with a Hackney Carriage licence.
"Mr Donoher told them how they could get a Hackney Carriage plate without spending £25,000 on a new vehicle. This is a way of getting round the rules of this council.
"These are vehicles where one day a driver spends £4,500 to buy them and the next day transfers it to Mr Donoher for £20."
The licensing committee decided by five votes to one to take the licences off Mr Donoher and grant them to Mr Green and Mr Wyatt.
Committee chairman Diggory Seacome said: "This case has thrown up a number of anomalies. It does call into question many aspects of the taxi operation but we've decided in favour of Mr Wyatt and Mr Green."
Derek Perry, the council's licensing services manager, said: "The licences granted to Mr Donoher were granted because he was the sole owner of the vehicle. There are grave concerns as to the truth of that statement. Mr Green and Mr Wyatt continued to be the owners and the people who kept them on the road.
"Mr Green and Mr Wyatt's understanding of the situation was that they had rented a Hackney Carriage Vehicle licence plate. That isn't something which lawfully should happen. The question is are we dealing with illegal plate rental?"
Peter Maddox, for Mr Donoher, said the committee should concentrate on the evidence.
He said: "Consider the transfer notes. Mr Green sold his Ford Mondeo to Mr Donoher. The same goes for Mr Wyatt. That's the clearest evidence that these vehicles were sold to Mr Donoher.
"It doesn't matter if the agreement is partial or one-sided. It might be evidence of fraud or misrepresentation but that is a matter for the county court, not for this committee."
After the hearing Mr Donoher said he would take his appeal to court.
sussex,
why arnet you jumping up and down that two people have que jumped?
believe me the council will lose this one.
because they should have declared him not fit and proper person and taken away his opperators certificate.