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PostPosted: Mon Sep 16, 2024 4:46 pm 
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Taxi driver in court will have to reapply for licence despite charges dropped


A taxi driver who had his licence revoked after he was charged with posting offensive material online will have to reapply to get back on the road.

Gerard Glaister, of Workington, was arrested by Cumbria police on August 8 in connection with posting racially motivated offensive content online.

On August 10, Cumberland Council said it had revoked his licence. It said it had taken ‘decisive action to protect public safety’.

Cumberland Council said when it received the information from the police, it conducted an immediate and thorough review of the driver’s hackney carriage licence.

It said given the severity of the charges, and under the delegated powers provided to the council, the decision was made to revoke the driver’s licence with immediate effect in the interest of public safety.

However, on September 13, at Carlisle Crown Court, prosecutor Tim Evans said the prosecution had, following a review of the case, taken the view that it was not in the public interest to proceed. As a result, the case against Mr Glaister was discontinued.

That decision was formally conveyed to Mr Glaister by Judge Barker, who concluded it had been quite proper for police to have taken action in the county early last month during a period of great sensitivity.

It had not been necessary, said the judge, for the prosecution to proceed with the case, meaning that Mr Glaister faces no further action.


“You are now very much on the police’s radar,” said Judge Barker as he issued advice about any online use going forward. “You will understand that posting material on the internet, whether that is on your social media or your platforms can — and does — constitute criminal offences and can have serious repercussions, and you should take great care in future.”

Today, Cumberland Council said: “Following the Crown Prosecution Service’s decision to discontinue Mr Glaister’s charges, he will now have the opportunity to reapply for his hackney carriage driver licence.

“His application will be put before our licensing regulatory sub-committee in due course.”

source: https://cumbriacrack.com/2024/09/16/taxi-driver-in-court-will-have-to-reapply-for-licence-despite-charges-dropped/

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PostPosted: Mon Sep 16, 2024 6:34 pm 
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It is interesting that the prosecution didn't proceed, as one would have thought the evidence they had to charge hadn't changed, i.e. what was written or said cannot be unwritten or unsaid.

It is also evidence that the Singh case has buggered it up for drivers and councils. Pre Singh this driver would have been suspended and once it was decided that no further action was required he would have been unsuspended.

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PostPosted: Mon Sep 16, 2024 6:46 pm 
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Sussex wrote:
It is interesting that the prosecution didn't proceed, as one would have thought the evidence they had to charge hadn't changed, i.e. what was written or said cannot be unwritten or unsaid.

It is also evidence that the Singh case has buggered it up for drivers and councils. Pre Singh this driver would have been suspended and once it was decided that no further action was required he would have been unsuspended.


There was caselaw previous to Singh, and we must remember the evidence needed by an LA is not as stringent as criminal law

That aside, I got a question - if a council receives personal information, via a third party - information of a medical nature, and not through a doctor - can the LA use that as evidence in a committee meeting that is held behind closed doors?

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PostPosted: Mon Sep 16, 2024 6:51 pm 
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That aside, I got a question - if a council receives personal information, via a third party - information of a medical nature, and not through a doctor - can the LA use that as evidence in a committee meeting that is held behind closed doors?

I think a council can use any information they want, the issue is how much weight they give it taking into account the source and how much it relates to the matter at hand.

And although the meeting will be behind closed doors, the individual who is being dealt with will be there to hear what evidence is being used and given the chance to respond to it.

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PostPosted: Mon Sep 16, 2024 6:52 pm 
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Sussex wrote:
Quote:
That aside, I got a question - if a council receives personal information, via a third party - information of a medical nature, and not through a doctor - can the LA use that as evidence in a committee meeting that is held behind closed doors?

I think a council can use any information they want, the issue is how much weight they give it taking into account the source and how much it relates to the matter at hand.

And although the meeting will be behind closed doors, the individual who is being dealt with will be there to hear what evidence is being used and given the chance to respond to it.



thanks

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