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Private hire driver who was caught drink-driving has licence revoked by Cheltenham Borough Council



The private hire vehicle driver who was caught over the limit had done seven passenger journeys in the two hours before being pulled over

Cheltenham Borough Council has revoked the licence of a private hire driver with immediate effect after he tested positive for alcohol above the legal limit.

The driver, who cannot be named for legal reasons, was pulled over by police in June after they noticed two defective lights on the vehicle.

Smelling alcohol on his breath, they asked the driver to submit a sample of breath which showed that he was over the legal limit.

Two subsequent breath tests were also above the legal limit and the driver admitted that he had been drinking alcohol earlier in the day whilst watching a football match, but had not realised he was over the limit.

Police were unable to take further action against the driver as one of the breath tests at the custody suite was under the limit required for prosecution so instead they notified the council who referred the matter to the licensing committee on Friday July 29.

The committee decided that regardless of the police being unable to press charges, the driver had tested positive for alcohol above the legal limit and he admitted that he had been working when he was pulled over.

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His employer informed the council that the driver had done seven passenger journeys in the two hours before being pulled over.

Councillor Wendy Flynn, chair of the licensing committee, said: "The council's principal concern is the safety of passengers and other road users.

"Drink-driving can never be tolerated under any circumstances and this driver deliberately drove passengers knowing he had been drinking earlier in the day."

She said the fact that the driver was still over the legal limit more than two hours after he started work was particularly concerning.

"The police also confirmed that two of the lights on his vehicle were defective which in itself is a serious matter," added Ms Flynn.

"In the circumstances, the committee unanimously felt that the appropriate course of action was to revoke the licence.

"In the interests of public safety the revocation of the licence will have immediate effect."

The driver has 21 days to appeal to the magistrate's court, but he cannot work in the interim because the committee revoked with immediate effect.

The driver can apply from scratch for a new licence at any time, which would involve going through all the usual checks and tests required of new drivers, and then he would be referred back to the committee. The committee would need to be satisfied that he is fit and proper to hold a licence.

Read more at http://www.gloucestershirelive.co.uk/ch ... 2zSwQ2C.99

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

stupid p*ll"ck your badge is your livelihood why throw it away like that

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

I wonder if he knows where Rossendale is.

Can't be named for Legal reasons!! why the feck not, it would be in everyones interest to know who this pillock was.

Yeah right.

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IDFIMH

I don't like it, but I would think this driver would stand a good chance at an appeal. If the procedures meant he could not be prosecuted the LA Committee have (rightly in my own opinion) exceeded their remit. A Lawyer would argue surely, that he was guilty or he was not and the LA should not revoke on a "might have been".

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

you're wrong - there's case law

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Is it on TDO?

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

possibly - its a case from Leeds, from memory it involved a licensed driver being party to a crime but not prosecuted - the council didn't license him because the council basis of evidence is civil (balance of probabilities) - not criminal (beyond reasonable doubt)

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I will delve around then.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

This is one LEEDS case

Leeds City Council v Hussain [2002] EWHC 1145(Admin),[2003] RTR 199

viewtopic.php?t=5358&view=previous

either way the council now has the power of immediate suspension

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Just found it myself.

Going to stand by previous post. Leeds V Hussain was a Suspension in advance of Court hearing. In the case in point there will be no hearing as due to procedure there is no case being submitted for trial.

I think he would have a chance at an appeal at the Magistrates Court. It could be argued that all the breath tests were inaccurate except the one he passed.

I hope he does not appeal, and, if he does, I hope he fails.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

They do have that power (except in Plymouth of course) but the appeal if made, would leave the LA with a bit of a problem if the Driver won.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

cant see a driver winning tbh - but if he does then good - so if he's caught again in the process kills someone, then the council can say they only issued the license because the court told them to.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin