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PostPosted: Fri Apr 11, 2014 9:11 am 
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Minicab driver told: Three lights and you’re out



A minicab driver has been banned from working on all his firm’s council contracts after he was caught smoking in his minicab for the third time.

Stephen Devine admits he shouldn’t have lit up in his minicab along Green Leach Lane, Haresfinch, on January 16 this year - but argues he was on a break at the time and was 45 minutes from his next pick-up.

The father-of-three, who works for Cable Cars, claims the ban has effectively put him out of a job because the majority of his firm’s work is council contracts.

He said: “I know it’s wrong to smoke in a private hire vehicle but I don’t think the punishment fits the crime. It feels like the council are trying to send a message out. I think that’s unfair.

“I’ve never smoked in my cab when I’ve had a passenger in my vehicle and I was at least 45 minutes away from my next job when I got caught.”

Mr Devine, 39, of Windlehurst, has now had his private hire badge suspended and expects it to be revoked at a licensing hearing in May.

His boss at Cable Cars, based on Waterloo Street, received a £50 fine.

A Town Hall spokeswoman said: “As part of our contract with the company, drivers are not allowed to smoke in the cab before, during or after their journeys.

“This was the third time Mr Devine had been caught and his next job was to pick up special needs children.

“Cable Cars still has its contract with the council - but we have asked for Mr Devine to be removed from council jobs such as school runs.”

source: http://www.sthelensreporter.co.uk/news/ ... -1-6553684

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PostPosted: Fri Apr 11, 2014 10:49 am 
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A private hire car is a place of work; it is also public transport. smoking is forbidden in both places. How much clearer can the law be?


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PostPosted: Fri Apr 11, 2014 10:53 am 
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captain cab wrote:
Minicab driver told: Three lights and you’re out



A minicab driver has been banned from working on all his firm’s council contracts after he was caught smoking in his minicab for the third time.

Stephen Devine admits he shouldn’t have lit up in his minicab along Green Leach Lane, Haresfinch, on January 16 this year - but argues he was on a break at the time and was 45 minutes from his next pick-up.

The father-of-three, who works for Cable Cars, claims the ban has effectively put him out of a job because the majority of his firm’s work is council contracts.

He said: “I know it’s wrong to smoke in a private hire vehicle but I don’t think the punishment fits the crime. It feels like the council are trying to send a message out. I think that’s unfair.

“I’ve never smoked in my cab when I’ve had a passenger in my vehicle and I was at least 45 minutes away from my next job when I got caught.”

Mr Devine, 39, of Windlehurst, has now had his private hire badge suspended and expects it to be revoked at a licensing hearing in May.

His boss at Cable Cars, based on Waterloo Street, received a £50 fine.

A Town Hall spokeswoman said: “As part of our contract with the company, drivers are not allowed to smoke in the cab before, during or after their journeys.

“This was the third time Mr Devine had been caught and his next job was to pick up special needs children.

“Cable Cars still has its contract with the council - but we have asked for Mr Devine to be removed from council jobs such as school runs.”

source: http://www.sthelensreporter.co.uk/news/ ... -1-6553684


Some people have no brains.


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PostPosted: Fri Apr 11, 2014 1:18 pm 
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The punishment fits the crime :roll: :roll: :roll: :roll: :roll: .

The firm in question have wiped there hands of him , after 17 years loyal service . :sad: :sad: :sad: :sad: :sad:


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PostPosted: Fri Apr 11, 2014 2:04 pm 
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[quote="andycable"]The punishment fits the crime :roll: :roll: :roll: :roll: :roll: .

The firm in question have wiped there hands of him , after 17 years loyal service . :sad: :sad: :sad: :sad: :sad:[/quote

It was the Driver who stupidly put his 17years service at risk.......... #-o #-o and of course his firms contract with the council AND OF COURSE THEREBY ALL THE OTHER COMPANY DRIVERS INCOMES..............PRATT #-o #-o

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PostPosted: Fri Apr 11, 2014 4:03 pm 
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andycable wrote:
The punishment fits the crime :roll: :roll: :roll: :roll: :roll: .

The firm in question have wiped there hands of him , after 17 years loyal service . :sad: :sad: :sad: :sad: :sad:
Breaking the law is gross misconduct.


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PostPosted: Fri Apr 11, 2014 6:35 pm 
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The smoking ban is the only thing that Orwell missed. Civil disobedience is the antidote to unjust law.

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PostPosted: Fri Apr 11, 2014 6:44 pm 
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Bart wrote:
The smoking ban is the only thing that Orwell missed. Civil disobedience is the antidote to unjust law.

Not everyone thinks that it is unjust. I certainly don't.

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PostPosted: Fri Apr 11, 2014 8:24 pm 
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I think in the grand scale of things smoking should not mean you lose your livelihood, IMO.

Yes he is a prise tit, but I'm not sure the punishment fits the crime.

And I hate smoking with a vengeance.

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PostPosted: Fri Apr 11, 2014 8:28 pm 
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Sussex wrote:
I think in the grand scale of things smoking should not mean you lose your livelihood, IMO.

Yes he is a prise tit, but I'm not sure the punishment fits the crime.

And I hate smoking with a vengeance.

What punishment do you think is right for a first offense?
What punishment do you think is right for a second offense?
What punishment do you think is right for a third offense?
What punishment do you think is right for a tenth offense?
What punishment do you think is right for a twentieth offense?
Where do you draw the line?
Clearly after getting caught 3 times he isn't going to stop smoking in the car is he?

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PostPosted: Fri Apr 11, 2014 8:32 pm 
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grandad wrote:
What punishment do you think is right for a first offense?
What punishment do you think is right for a second offense?
What punishment do you think is right for a third offense?
What punishment do you think is right for a tenth offense?
What punishment do you think is right for a twentieth offense?
Where do you draw the line?
Clearly after getting caught 3 times he isn't going to stop smoking in the car is he?

Fine him.

£80 a time plus costs will soon do the trick.

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PostPosted: Sat Apr 12, 2014 7:18 am 
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Sussex wrote:
grandad wrote:
What punishment do you think is right for a first offense?
What punishment do you think is right for a second offense?
What punishment do you think is right for a third offense?
What punishment do you think is right for a tenth offense?
What punishment do you think is right for a twentieth offense?
Where do you draw the line?
Clearly after getting caught 3 times he isn't going to stop smoking in the car is he?

Fine him.

£80 a time plus costs will soon do the trick.

I don't think it will.

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PostPosted: Fri Apr 25, 2014 5:57 pm 
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He was not suspended , but at a licensing meeting on 23/4/14 they revoked his license pushing him towards the unemployment office.
I don't think a council employee in the same situation would have been sacked do you ?


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PostPosted: Fri Apr 25, 2014 6:47 pm 
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Probably not; the council employee would probably be in a union (dons tin hat expecting tirade from TT).


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PostPosted: Wed Apr 30, 2014 7:16 pm 
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Heres the printed minutes from the licensing meeting were hes license was revoked


http://moderngov.sthelens.gov.uk/documents/g2715/Printed%20minutes%2023rd-Apr-2014%2017.30%20Licensing%20and%20Environmental%20Protection%20Committee.pdf?T=1


106 REVIEW OF EXISTING HACKNEY/PRIVATE HIRE DRIVER'S LICENCE (REF:
HD2164)
A report was presented to the Committee regarding the Review of Hackney/Private Hire
Driver’s Licence (Ref: HD2164)
The review of the Hackney/Private Hire Driver’s Licence had been brought before the
Committee due to an allegation that HD2164 had been observed smoking in a Licensed
Vehicle on 16 January 2014.
Smoking in a licensed vehicle had been unlawful since July 2007. At a meeting of this
Committee held on 17 March 2010, after consultation with the trade, procedures were
modified for dealing with licensed drivers found to be smoking in licensed vehicles.
On 20 January 2014, HD2164 attended the Licensing and Land Charges Unit and was
interviewed by a Senior Assistant Licensing and Land Charges Office regarding the
alleged incident, during which they admitted to smoking in a Licenced Private Hire
vehicle.
Members were informed that the review of HD2164’s licence was before them due to the
fact they had a history of smoking in licensed vehicles. HD2164 had been issued a
written warning for smoking in their Licensed Vehicle on 22 August 2008 and had
appeared before this Committee on 31 August 2011 for the same offence, where it was
resolved that their Hackney/Private Hire Licence be suspended for a period of one week.
The interview held on 20 January 2014 and a warning letter dated 22 August 2008
issued to HD2164 regarding a previous alleged incident of smoking in their Private Hire
vehicle was attached to the report at Appendices A to B respectively.
LICENSING AND ENVIRONMENTAL PROTECTION COMMITTEE
The Licensing and Land Charges Officer tabled an article from the St Helens Star printed
on 9 April 2014 for Members information.
HD2164 failed to attend the meeting and the Committee elected to proceed in their
absence.
* Resolved that on the balance of probabilities, the licence of
Hackney/Private Hire Driver (Ref: HD2164) be revoked on ground of ‘any
other reasonable cause’, pursuant to Section 61 of the Local Government
(Miscellaneous Provisions Act 1976) and the Council’s Policy, due to the
evidence, detailed in the report and presented orally to the Committee that
the driver was observed smoking in a Licensed Private Hire vehicle on 16
January 2014 , the previous written warning issued on 22 August 2008 and
suspension following review of their licence by this Committee on 31
August 2011.


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