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 Post subject: Re: driver hearing
PostPosted: Sun Feb 22, 2015 11:36 am 
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I would appeal on the basis that the decision was 'Wednesbury unreasonable' on the grounds that the council took into consideration matters that were irrelevant and beyond their power.

I would also guess if it was pointed out, as Sussex mentioned - that the council didn't issue a license on the basis they thought the decision of the court was too lax - the court would take a dim view.



http://www.justis.com/titles/iclr_s4821028.html

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 Post subject: Re: driver hearing
PostPosted: Sun Feb 22, 2015 11:40 am 
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Do you still have billboards down there?

Image

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 Post subject: Re: driver hearing
PostPosted: Mon Feb 23, 2015 1:11 am 
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And Grandad's driver only wants a licence to earn a living...

http://www.telegraph.co.uk/news/investi ... andal.html

I rest my case. :-|

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 Post subject: Re: driver hearing
PostPosted: Tue Feb 24, 2015 2:04 pm 
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The decision.
i am writing to advise you of the decision at today's licensing sub-committee meeting.
having considered your evidence and the officers report in applying the civil standard of proof when deciding whether the applicant was fit and proper under section 51 of the local government (miscellaneous provisions) act 1976; The licensing sub-committee unanimously decided that due to ; the serious conviction for benefit fraud which involved dishonesty in 2011 which was within a reasonable recent period of time, and the outstanding debt still owed; by reason of protection of the public the sub-committee did not consider there had been enough time since the conviction to consider the applicant was yet a fit and proper person. The decision is therefore to refuse the application for a license.

Taken from the councils policy
General Policy
 Each case will be decided on its own merits.
The overriding consideration in all circumstances will be the protection and
safety of the public.
A particularly cautious view will be taken of offences relating to violence,
indecency, dishonesty, motoring and drugs.
A person with convictions, prosecutions or cautions need not be
permanently barred from obtaining a licence but may be expected to remain
free of them for 3 to 5 years according to the circumstances and dependent
upon the seriousness of them, before an application is entertained.

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 Post subject: Re: driver hearing
PostPosted: Tue Feb 24, 2015 2:35 pm 
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grandad wrote:
The decision.
i am writing to advise you of the decision at today's licensing sub-committee meeting.
having considered your evidence and the officers report in applying the civil standard of proof when deciding whether the applicant was fit and proper under section 51 of the local government (miscellaneous provisions) act 1976; The licensing sub-committee unanimously decided that due to ; the serious conviction for benefit fraud which involved dishonesty in 2011 which was within a reasonable recent period of time, and the outstanding debt still owed; by reason of protection of the public the sub-committee did not consider there had been enough time since the conviction to consider the applicant was yet a fit and proper person. The decision is therefore to refuse the application for a license.

Taken from the councils policy
General Policy
 Each case will be decided on its own merits.
The overriding consideration in all circumstances will be the protection and
safety of the public.
A particularly cautious view will be taken of offences relating to violence,
indecency, dishonesty, motoring and drugs.
A person with convictions, prosecutions or cautions need not be
permanently barred from obtaining a licence but may be expected to remain
free of them for 3 to 5 years according to the circumstances and dependent
upon the seriousness of them, before an application is entertained.

Appeal it.

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 Post subject: Re: driver hearing
PostPosted: Tue Feb 24, 2015 5:41 pm 
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MR T wrote:
grandad wrote:
The decision.
i am writing to advise you of the decision at today's licensing sub-committee meeting.
having considered your evidence and the officers report in applying the civil standard of proof when deciding whether the applicant was fit and proper under section 51 of the local government (miscellaneous provisions) act 1976; The licensing sub-committee unanimously decided that due to ; the serious conviction for benefit fraud which involved dishonesty in 2011 which was within a reasonable recent period of time, and the outstanding debt still owed; by reason of protection of the public the sub-committee did not consider there had been enough time since the conviction to consider the applicant was yet a fit and proper person. The decision is therefore to refuse the application for a license.

Taken from the councils policy
General Policy
 Each case will be decided on its own merits.
The overriding consideration in all circumstances will be the protection and
safety of the public.
A particularly cautious view will be taken of offences relating to violence,
indecency, dishonesty, motoring and drugs.
A person with convictions, prosecutions or cautions need not be
permanently barred from obtaining a licence but may be expected to remain
free of them for 3 to 5 years according to the circumstances and dependent
upon the seriousness of them, before an application is entertained.

Appeal it.


Aye I would appeal it. :-|

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 Post subject: Re: driver hearing
PostPosted: Fri Feb 27, 2015 6:51 am 
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I struggle to see how this can be a protection matter, rather than a punishment matter.

Have the council got a formal 'enforcement policy'?

How do they decide, based on their polices, who is 'fit and proper'?

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 Post subject: Re: driver hearing
PostPosted: Fri Feb 27, 2015 7:04 am 
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Sussex wrote:
I struggle to see how this can be a protection matter, rather than a punishment matter.

Have the council got a formal 'enforcement policy'?

How do they decide, based on their polices, who is 'fit and proper'?

They use the usual way to decide. "Would i feel safe sending my daughter out in a vehicle driven by you?" Their decision based on that is even more none sensicle because they are saying that because you have not paid enough money back, my daughter isn't safe with you.

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 Post subject: Re: driver hearing
PostPosted: Fri Feb 27, 2015 11:36 am 
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Ask the LO how much they consider he should have paid back.. so that he can get his licence ..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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 Post subject: Re: driver hearing
PostPosted: Fri Feb 27, 2015 7:20 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
grandad wrote:
"Would i feel safe sending my daughter out in a vehicle driven by you?" Their decision based on that is even more none sensicle because they are saying that because you have not paid enough money back, my daughter isn't safe with you.


They havent met my youngest daughter, she could scare the SAS

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