Taxi Driver Online

Interesting, but there's some vital information missing from the, er, narrative here


Bristol taxi driver banned after battery conviction despite magistrate's advice

https://www.bristolpost.co.uk/news/bris ... er-5777491

City councillors refuse cabbie new licence as policy conflicts with court recommendation

A Bristol taxi driver has been refused a new licence because of a conviction for violence – despite magistrates’ advice to look on him favourably.

City councillors were told the court suggested allowing the cabbie to take passengers again two years after the offence as it was relatively minor.

But public safety and protection sub-committee members upheld his ban because the local authority’s policy is not to issue a new licence for five to 10 years.

Minutes of the behind-closed-doors meeting, which have just been published, say the man, referred to as MH, has held a hackney carriage licence since at least 2004 when electronic records began.

His previous licence expired in 2019 and his renewal application was previously considered by the Bristol City Council panel in January 2020 due to a conviction for battery.

The minutes say: “For violent offences such as battery the policy is not to licence until between five to 10 years have passed. The magistrate has suggested a period of two years due to the offence being on the lower end of the scale, but it is five years as per the policy.”

The papers say the cabbie cited his previous good record over 20 years and expressed remorse for his actions, which were “very out of character”.

“MH said the offence occurred during a very stressful time and that he has financial and health issues,” the minutes say.

“After questioning from the committee, it was confirmed that the committee cannot go behind criminal convictions – they stand and are not a matter for debate.

“The committee considered the comments made by the magistrates’ court for an application to be considered favourably after two years from the conviction, however, those comments are not binding on this committee.

“The committee is led by the policy standard of five to eight years for assault.

“In making the decision, the committee applied the section of the policy on violence, that as hackney carriage and private hire drivers have close contact with the public, in general a period of five to 10 years free of conviction for offences involving violence will be required before an application is likely to be considered favourably.

“An application will normally be refused where the applicant has a conviction for an offence of common assault and the conviction is less than five years prior to the date of the application.

“Between five and eight years after conviction, more weight will be given to the circumstances of the offence and any evidence adduced to show good character since the date of conviction.”

The council’s policy says a driver with a conviction for a serious crime “need not be permanently barred from obtaining a licence” but should show “adequate evidence of good character” following the offence.

“Whilst the committee heard that MH is sorry, members were not satisfied that MH provided supporting evidence to discharge his burden of proving that he is a fit and proper person to hold a licence or that he demonstrated exceptional circumstances to justify a departure from the policy,” say the minutes from the meeting on June 15.

Not entirely clear how the magistrate came to recommend this. Best guess is that when the council didn't renew his badge, he appealed to the magistrates, who agreed that it shouldn't be renewed, but recommended reconsideration after two years.

But what the process was certainly isn't clear from the report above, and the minutes aren't any better:

https://democracy.bristol.gov.uk/mgAi.aspx?ID=24430

The agenda papers are marked 'restricted', so no help there either.

But might he have never appealed the committee's decision not to renew, but the magistrate made the two-year recommendation on his conviction for battery? Is that possible? Sure someone will know

Absolutely no way a Magistrate Court would attempt to influence a council decision like that. Just would not happen.

The court might have said it was the lower end of their sentencing guidelines, but they would never indicate what another body should do under the other body's rules.

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IDFIMH

If he appealed the council's decision, and the court decided he could get his license back in two years, then the council would have to adhere to that judgement.

Or case state that judgement to the High Court.

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IDFIMH

So can't the magistrates agree with the non-renewal, but simply *recommend* a time period for a fresh grant that the council doesn't necessarily have to agree with?

Yes and no.

Not if it's the original CPS prosecution, but yes if the driver appealed the council's decision.

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IDFIMH