TO: CHAIR AND MEMBERS OF

THE LICENSING COMMITTEE

FOR 13 JUNE 2005

ITEM FOR INFORMATION

OUTCOME OF CROWN COURT APPEAL - DRIVER REF. 28/04

1.0PURPOSE OF REPORT

1.1To advise Members of the outcome of a recent Crown Court decision in relation to an appeal by Driver Ref. 28/04 against a decision of the Licensing Committee on 14 June 2005 to suspend his Hackney Carriage Driver Licence.

2.0RECOMMENDATIONS

2.1Members note the contents of this report.

3.0INFORMATION

3.1On 14 June 2004 Members of the Licensing Committee decided to suspend Hackney Carriage Driver Licence no. 231 for a 4 week period on the grounds that he was no longer a fit and proper person to hold such a licence. The reasons given by Members were:

  • Because of his aggressive behaviour towards a Council Officer at the Newport Settlement
  • Because he had used foul and abusive language towards the Officer

The driver duly appealed this matter to the Magistrates Court.

3.2On 20 September 2004 his appeal was heard at Teesside Magistrates Court. After hearing evidence Magistrates dismissed his appeal. The driver duly appealed this matter to Teesside Crown Court.

3.3On 4 March 2005 his appeal was heard at Teesside Crown Court. After hearing evidence the Judge, sitting with 2 Magistrates quashed the suspension and replaced it with a formal warning. He stated that although the Applicant had been unjustified in using foul and abusive language against the Council Officer, he believed the 4 week suspension was too harsh. He made no order for costs for either party, informing the applicant that he had brought this matter upon himself. This resulted in the Applicant having to pay his own legal expenses for both Magistrates and Crown hearings.

In addition, the Judge questioned the Council’s decision to suspend the licence for a 4 week period, stating he could not see how it would make a difference to the Applicant being a fit and proper person. He stated that the power to suspend should not be used as a punishment and should only be used in conjunction with a request that the Applicant undertakes a specific course.

Following the hearing the barrister representing the Council stated that she was in agreement with the Judges interpretation of the law regarding the use of suspensions as a means of punishment and advised that in future Members could still suspend an Applicants licence for a short period together with a request that they undertake a course such as anger management.

3.4 On 5 May 2005 the Council’s Legal Department took further advice from a senior barrister who specialises in licensing matters (Appendix 1). He concurred with the Judges interpretation of the law and reiterated that a suspension of a licence should not be used solely as a disciplinary sanction but could be used in circumstances where a drivers conduct raises questions as to whether he can be regarded as fit and proper, but where, with appropriate help and assistance, he may be able to resolve the problem. He also stated that Members were entitled to suspend a licence whilst a person was being investigated for an offence, which if he were convicted, would render him unfit to be a driver, as happened in the Hussein case.

Contact Officer:Tim Hodgkinson

Principal Licensing Officer

Ext. 729693

Ed Chicken

Head of Community Protection