"Argumentative" taxi driver's licence revocation overturned on appealA TAXI driver can remain in business on the road after overturning a licence revocation.
But a judge warned Branislav Kobylan over his future behaviour if he wants to retain his licence, following several brushes with authority in recent years
Durham Crown Court heard he was considered, “an irritant, a pest and a nuisance”, by some traffic control and police officers, plus other cabbies.
The court heard he could be argumentative and abusive in clashes with other drivers and enforcement officers, often for obstructing the highway.
Kobylan was previously cautioned, having been found with a CS gas canister and three samurai swords in his vehicle, which he said was, “for protection”.
Other incidents followed leading to his licence being revoked by Durham County Council in March, a decision upheld at a subsequent hearing before North Durham magistrates, in Peterlee, in July.
But as Kobylan, of Christchurch Place, Peterlee, lodged an appeal against that decision, the revocation was suspended pending the outcome of today’s (Thursday November 13) appeal hearing.
David Comb, responding to the appeal on behalf of the county council, said two incidents in four days last December “triggered” the revocation.
In one he offered a traffic enforcement officer a £5 bribe and some sweets after being asked to leave a loading bay. He later claimed it was “a joke”.
Four days later he clashed with police, including an inspector, when asked to move on, twice in 75 minutes in the early hours in a congested Claypath.
Mr Comb said Kobylan initially refused, becoming, “angry, argumentative and confrontational, in unpleasant exchanges”.
Jamie Adams, for the appellant, said: “There are a limited amount of taxi ranks in Durham, fought over by too large a number of drivers.”
Mr Adams said the 35-year-old Slovak national had suffered racist abuse from other drivers, telling him to go back to his homeland, in previous clashes.
“Clearly there has been some antipathy with other taxi drivers.
“But he now accepts he should address complaints through the correct channels.
“He tells me he does respect the police and council, but he accepts, in the past, becoming frustrated and argumentative when he should have just moved on.”
Mr Adams added that none of the complaints were from fare-paying customers over the standard of his driving.
Upholding the appeal, Judge Robert Adams, sitting with two magistrates, said the council licensing committee was right to revoke the licence.
“Let me make it absolutely clear your appeal has succeeded based entirely on what we have heard today.
“You must recognise how wholly inappropriate your behaviour was, in 2013.
“Make sure it’s not repeated.”
A costs order was made for Kobylan, but only covering the appeal, and not for previous hearings.
source:
http://www.thenorthernecho.co.uk/news/11601574._/
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