I've taken this from 'Tap in 2 Taxis', but I don't believe the mush should be driving. I know the council messed up, but what sort of a trade welcomes people like this in it?
11th February 2005 - Woking Magistrates Court
O-v-Surrey Heath Borough Council Magistrates upheld O's appeal against the council's refusal to renew his hackney carriage drivers licence and awarded O £1,000.00 towards the costs of the case. O's licnce was due for renewal on 30th November 2004. In September 2004 the council was on notice that O had 12 penalty points on his DVLA licence, but took no steps to suspend or revoke O's Licence. Therefore, by default it was arguable that the council considered O to be a fit and proper person, despite the 12 points on O's licence. On 1st November 2004 O applied to renew his licence. In other words some 29 days before the licence was due for renewal. The council's guidelines on renewals are that the application to renew must be made at least 7 days before the old licence is due to expire. O had heard nothing by 26th November, and so chased the council for a decision. He was told that a report would be placed before the relevant council officer for consideration. A report was prepared on 30th November, but had to be amended because the council had forgotten to include what it considered to be relevant information. The decsion whether or not to renew was taken on 3rd December and communicated to O in wrtiting on 17th December. O lodged an appeal on 23rd December to Woking Magistrates Court. On 11th January 2005 Woking Council threatened O with injunctive proceedings at the High Court if O failed to undertake not to drive his taxi pending the outcome of the Magistrates Appeal. The council's argument was simply that O could not carry on driving under s77 because at the time the decision not to renew was taken, the licence had in fact expired. Solicitors for O persuaded the Magistrates Court to list the Appeal as a matter of urgency. The Court and the council agreed to list the Appeal on 11th February 2005. On that basis, O took a commercial decision to stop driving pending the appeal. As stated above, O won his Appeal and he was awarded £1,000.00 towards his costs. O has complained to the Chief Executive at Surrey Heath regarding the council's failure to determine his application in a timely manner and if no satisfactory response is given, O reserves his right (amongst other things) to lodge a complaint of maladministration to the Local Government Ombudsman. The Magistrates were satisfied that the council knew of the penalty points on O's liocence as far back as September 2004, but did nothing. Therefore the Magistrates could find no reasonable cause not to allow the Appeal in O's favour Solicitor for O was Keith Jeffreys Kearns & Co Swansea. Counsel for O was Peter Maddox Iscoed Chambers Swansea.
Login
Register
FAQ
