Taxi Driver Online

Dear All
I have been regularly 'logging on' to TDO for a while now and I feel that the time is right to explain my ideas to provide support for the taxi and private hire trade. Having recently retired from a busy local authority as the Council's Licensing Officer for taxis and private hire, I am keen to put my knowledge and understanding to good use. I should also explain that, prior to my career in local government, I served as a Police Officer for 30 years.
The experience gained in these two careers has given me an invaluable insight into criminal law, police and local authority procedures and the law and practice that governs taxi and private hire drivers, vehicles and operators. I am also aware that in times of difficulties, licensed drivers, proprietors and operators can sometimes 'struggle' to identify an independent source for support, guidance and representation. There is a real possibility that on occasions, licence holders may feel isolated and worried about the retention of their licence(s) and inevitably the prospects of their continuing livelihood.
For example, representation may be required at a formal interview with the police/local authority or at a licensing hearing. At other times, a licence holder may be the subject of an allegation or complaint or simply having difficulties with a licence application. Where this is the case, I shall be pleased to offer my support and together we can prepare a suitable and positive response to achieve a successful or reduced outcome. I shall be happy to negotiate my terms depending on the degree of work required to be undertaken on each individual case.
We all know that the licensing law and practice for taxis and private hire is a complex subject and made more difficult by the local interpretation of some 350 or so local licensing authorities. A bit of a 'minefield' when all said and done!
Geographically, I am based in West Sussex at Chichester and I may be contacted on my work mobile 07443 452053 or by e mail on summersdaleconsultancy@outlook.com. I do have a very simple website which can be located at http://www.summersdaleconsultancy.co.uk.
Thank you for reading this notification.
Regards
Chiman
ps I would be keen to speak to the Forum member known as Sussex who is at the other end of the county.

They now know where you live Sussex

Chiman,
Here is an ongoing case with Scottish Borders council.
A driver is alleged to have put some derogatory remarks on FB regarding the council.
They in turn refused to renew his licence because of this, he immediately appealed to the sheriff and was told to carry on driving, until after a full council hearing.
The hearing took place and the council then changed their story to he never declared his convictions from 20 years ago, even though he has been licenced and fully CRB for the last 4 years.
He has to appear at court to plead his case on the 11th of July, he has also been turned down for legal aid, he has also appealed that decision and the outcome will be known on the 8th of july, if he is unsuccessful in getting LA, he will have to pay his own defence how can he keep his badge, even though he still does not have one in his possession he is still able to drive, until the council hearing and court case.
This is a real case thats ongoing at the moment what should he do about it.

One thing that's for certain and that drivers do need Support, Guidance and Representation.

However the other thing that's for certain is they will not pay for it, unless it's too late and then they will waste fortunes.

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IDFIMH

Morning Skippy41
It is always difficult to comment on individual cases without knowing the full facts. The 'Devil is always in the detail'. Reading through the outline of this case a number of points are confusing. Firstly, a licence to drive a hackney or PHV has a commencement date and an expiry date. You say that the Council have refused to renew this driver's licence and they can only have done so on the grounds that he is not a fit and proper person to hold such a licence. The Council's reasoning for refusing a licence has to be made clear to an applicant. The entry on FB may have been seen by the Council as sufficient grounds to refuse his application but you have to ask the question, 'Are the public at risk from this person?' Then there is the issue of this undisclosed conviction from 20yrs. previously which I assume was 'missed' at the time of first application. The applicant has wrongly failed to notify the Council of this conviction but you have to enquire why the Council did not raise this as an issue when checking the original CRB disclosure certificate? Every Council will have a policy on Convictions in order to determine whether or not a licence should be granted.
I am at a loss to understand how the licence holder has been able to continue to drive? Surely by now, his driver's licence will have expired? Appeals are tricky things and can prove to be costly for the unsuccessful party. The Council must make it clear, prior to the proceedings, the grounds for the refusal of the licence. You have not said what type of licence has been refused? Section 51 of the '76 Act deals with PH and Section 59 Hackneys. In both cases the Council must satisfy the Magistrates (or Sheriff) that the licence application should be refused due to the applicant not being a fit and proper person. (Note: this is a completely new Hearing with the court sitting in a administrative capacity) That fact that the driver has held a licence for 4 years should count for a great deal unless his driving record is not good ie complaint history. Where the the latter applies then I would expect the Council to present the court with all the facts. We know about the failure to disclose the old conviction and the FB entry but anything else should be included. Otherwise, the Council will have to reply on just these two matters.
The driver concerned would be welcome to give me a call to discuss further. Unfortunately, we are at opposite ends of the UK.
This is not legal advice but simply represents my understanding of the facts as outlined above.
Hope this may help?
Chiman

As it's Scottish Borders Council, I would imagine it's a taxi driver's licence issued under section 13 of The Civic Government (Scotland) Act 1982. ( CGSA 1982 )

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

You are correct to point out that the appropriate legislation is different for Scotland. I am surprised to read that Section 13 CGSA makes no mention of fitness and propriety. It simply requires applicants to take a medical, knowledge test and have held a full driving licence for a year. There is also no mention of any Appeals procedure. I am wondering whether the LGMP Act 76 will still apply with the CGSA adding certain requirements? If this is not the case then the action being undertaken will require further examination.

I have passed him your number so he can contact you directly

Section 13 needs to be read in conjunction with the rest of the act, which can be found here viewtopic.php?f=12&t=7693

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Since my last response I have had some time to research the position for Scotland. As I suspected, the underlying principles are much the same as England and Wales but with a variation here and there. For one thing, the Civic Government (Scotland) Act 1982 is not dissimilar to the LGMP Act 76 as the authors seem to have 'gathered up' many different smaller Acts and combined them in one Act.
What is different is the application of the general rules which apply right across the whole Act from taxis the sex shops.
As far I can gather, you first have to read the main part of the Act which covers taxi and PH licensing for vehicles and drivers. Afterwhich, it is necessary to locate Schedule 1 which sets out general licensing provisions. These apply to many, it not all, of the sections listed in the Act.
For example, Section 5 (3)(a)(ii) of Schedule 1 requires that applicants should be fit and proper persons. The Schedule then lists the procedure for refusing a licence and the appeal process. It seems that the Sheriff will determine whether a licensing authority has erred in law or based their decision on any incorrect facts or acted in a way that is contrary to natural justice or exceeded their discretion in an unreasonable manner.
I have also located a Best Practice Guide issued by the Scottish Government dated April 2012 which in Chapter 8 provides advice on Driver related issues. Para. 8.3 outlines the procedure for CRB checks (is the DBS operating in Scotland?) and states that public safety is paramount and that all applicants must be fit and proper persons.
Licensing law can be a little like a jigsaw puzzle with pieces everywhere. It is not until you begin to join the pieces together that the picture becomes clear. (you hope!)
As stated previously, this is not legal advice and an Appeal would require a solicitor to represent an applicant. I can only provide support and guidance based on my best understanding on the legislation. It may be useful to talk regarding this case.