JD wrote:
Unless such decisions are totally absurd and go beyond all reason then I rarely make comments on the granting of license applications. The reason I take a dig at councillors "knowing best" is because we have so many decisions by them that go from one extreme to the other.
There is no balance or uniformity because each individual councillor is completely different.
Some councillors may be extremists others might be passive, some may follow the party line others might be more independent? Some may have a brain to reason with and others might not? Some may understand that the rehabilitation of offenders has to start somewhere and others might take the view that offenders will always re-offend and therefore are too dangerous to let loose on the travelling public?
Obviously one has to weigh the gravity of any offence with regard to any possible danger to the public but in many cases councillors suspend and revoke licenses when there is no danger to the public whatsoever? Such is the case I highlighted in the small licensing authority near to Leicester.
If an application came before me which was borderline then I would probably grant it because I believe everyone deserves a second chance. Naturally for certain offences councillors can't give people that second chance and therefore the courts must decide if the person is fit and proper to be granted a license.
The remedy through the court system is probably the fairest because it gives both sides the opportunity to state their reasons in front of an independent board of magistrates why they should or should not be allowed a license.
At present Councillors are suspending and revoking licences for the most absurd reasons and when they get their new powers this activity will increase even further.
So for the foreseeable future licensing control will remain in the hands of sometimes inept and corrupt councillors until such time this trade of ours removes it from them?
I say corrupt because I was looking at past case law appertaining to corrupt councilors and I was alarmed at how many of them had been prosecuted for corruption?
Regards
JD
Yes JD. And, unlike the courts there is no precedent established, no benchmarks, and no formal training or guidance for councillors, apart from a blether over tea from the corporate services boys to ensure the status quo, and their little empire, continues unchallenged.
This isn't justice and fairness. This is simply designed to slap down those who have the temerity to challenge the system.
Take the case of suspension for some misdemeanour, which has probably already been dealt with by the courts.
How can a driver be suspended as not being a fit and proper person for a month, then miraculously after that time be deemed fit and proper again?
Of course, he can't. It's just a convenient way to slap down a driver with a loss of earnings which amounts to little more than another fine. Problem is that the clearly controlled justice system hands down a fine of £150, yet the uncontrolled and ill-trained councillor led disciplinary system, through suspension, hands down a "fine" which can amount to a months earnings - say 2 grand.
This is our alleged democracy in the 21st century. You couldn't make this up. Precisely what a Sheriff in Dumfriesss thought was illogical. It also needs to be taken into court and tested. Of course, this is where the council can continue unchallenged because no one can afford to do it, and the taxi trade is notorious for its division and lack of joint action.
Disciplinary matters should be:
Removed from the political licensing system and placed in the hands of a separate truly accountable tribunal.
It should be properly funded with the equivalent of legal aid to ensure that justice is available to all.
Proceedings should be properly structured, recorded and take full account of benchmarks and precedent.
It should have a clearly defined penalty tariff to ensure fairness.
Any complainant's details should be a matter of public record and it should be incumbent for them to lay their complaint publicly in the appropriate public forum so that it can be properly tested and defended by the individual against whom the complaint was made, through his legal counsel if necessary.
I just can't believe that we, who can endure considerable hardship dealing with a difficult public - often drunk, violent or just plain stupid - allow ourselves to be pilloried and denigrated by incompetent and self-centred councillors cushioned from the harsh realities of dealing with the public.