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PostPosted: Mon Jan 22, 2024 5:06 pm 
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Posts: 18500
Don't think there's anything particularly new here, but an interesting example of a council using the mere fact of a criminal prosecution to refuse a licence, while the charges have yet to be heard.

Which, of course, in principle is entirely consistent with the 'balance of probabilities' standard of proof required by licensing committees. On the other hand, the quoted councillor seems to be saying that any charges brought against an applicant or licensing holder would automatically reach the required standard of proof, which I'm not sure is really the way these things should be approached.

Quite sure other authorities would approach things differently. In fact, one from Glasgow immediately springs to mind :?

(This is the official council news release, which seems to have been rehashed by several press outlets.)


Council refuses taxi licence over sexual assault charges

https://www.lichfielddc.gov.uk/news/art ... lt-charges

Lichfield District Council's Licensing & Consents Appeals Committee considered this matter.

Lichfield District Council has refused to give a man a taxi driver licence after learning of the charges made against him.

On 18 December 2023 the Council’s Licensing & Consents Appeals Committee sat to consider the matter. The committee heard that information provided by the Disclosure and Barring Service had shown that the applicant has been charged with two offences of sexual assault and is currently on crown court bail. The councillors determined that the applicant was not a fit and proper person and refused to grant him a licence.

Following the hearing, Cabinet Member Cllr Alex Farrell said:

“Although the applicant is waiting to appear in the crown court and could therefore be innocent or guilty, both the police and the Crown Prosecution Service have determined that there is sufficient evidence to prosecute him for these offences.

“The council’s ultimate responsibility is to protect the public, and taxi drivers routinely provide transport for vulnerable people and are therefore placed in a considerable position of trust. We expect the highest standards from the drivers and vehicles that we license.”


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PostPosted: Tue Jan 23, 2024 12:43 am 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57334
Location: 1066 Country
I think it would be hard to justify giving this individual a license whilst these matters are before the courts.

No doubt if the fella is cleared of the offences then the council might look again.

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