jasbar wrote:
No CC, I'm referring to the disciplinary process.
Here in Scotland, councils use the means of suspension of licence as a punishment. This is not provided for in the legislation, which allows councils to determine that a licence holder is not a fit and proper person to hold a licence. I have no objection to this.
However this is used by councils to pass myriad sentences of suspension on licence holders as a temporary punishment. There is not only no provision for this in legislation, there is no table of sentences, and no right of appeal within the process. This is a breach of natural justice.
because no one has hitherto challenged the councils in their interpretation of the law, they have ridden roughshod over the trade, knowing full well that the only recourse was through the courts. Of course, who could afford to do this. Most felt it was better to take the punishment rather than incur the huge course in defending oneself. This is the way our councils operate. This is democracy in action?
When the plate issue is resolved, this is next.
The message to the council, all councils, is, you're time is up. You will behave responsibly. You will stop treating taxi licensing as your own persoanl fiefdom. You will be held to account for your actions.
I think the best argument used in England against the use of suspensions as a punishment against licensees is the fact that the council decision has to be upon the fitness and propriety of the person in front of them.
Is it seriously suggested a one or two week suspension will result in the licensee being a reformed character upon his return?
Of course down here in Gods country we are able to appeal the decision of the council to a magistrates court.
One example in Carlisle during 2005 / 06 was a driver was suspended for a period of time by the council, this was during late October. He waited until the last minute to put his appeal to magistrates (21 days after the initial hearing with the council). And the case wasnt subsequently heard in Magistrates until April 06. Where the initial decision of the council was overturned.
I dont see how your appeal for a taxi license is going to change this system you have in Scotland though.
CC