Taxi Driver Online

Brighton and Hove taxi driver loses licence after sex offence claim

A Brighton and Hove taxi driver has lost his licence after he was accused of a serious sexual offence. The cabbie, a 35-year-old man from Portslade, worked for Brighton and Hove Radio Cabs, one of the three main taxi and private hire businesses operating in the area.

A fourth business, Uber, faces a licensing panel on Monday (23 April) in the hope of renewing its private hire licence for Brighton and Hove.

Sussex Police said: “A 35-year-old man from Portslade, arrested on suspicion of sexual assault on a female in a taxi in Brighton on (Sunday) 4 February, answered bail on (Wednesday) 28 March. “He was subsequently released under investigation.”

Brighton and Hove City Council said: “We were informed by the police that a taxi driver had been accused of a serious sexual offence and, as a result of our own inquiries, his licence to operate as a taxi driver and his vehicle licence have both been revoked.

“Public safety is a priority and we act on any intelligence regarding public safety, regardless of an arrest or charge, and take the appropriate action to protect passengers where we believe the evidence we have support this.

“General details of enforcement action taken against taxi and private hire drivers are reported to each meeting of the council’s Licensing Committee and these reports are available on the council’s website. “The majority of the licensed taxi trade are very aware of the high responsibility of the work they do and act in a professional manner.”

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IDFIMH

they seem a bit sure of his guilt if proven not guilty could be a big compo claim

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Can understand the revocation or suspension of the accused driver license on public safety grounds, but cannot see the justification for revoking vehicle license.

Owner driver no one else on the insurance maybe

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Would that amount to grounds for revocation?

And would be interesting to know if the plate was HC or PH - doubt if they'd be so quick to revoke an HC plate if it's worth a few bob?

Anyway, not sure about the procedures here, but wouldn't they suspend licences in the first instance in this type of scenario, as opposed to revoking them?

accused of a serious sexual offence

I am assuming this could take at least 12 months to reach court so perhaps suspending the license might mean it runs out and the council want to be seen to be protecting the public

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So what's the normal procedure if a licence would expire anyway during a suspension period?

The article makes it sound like the council just revoked the licence at the drop of a hat when they became aware of the fact that the driver was *charged*, but there may have been a hearing of some kind, and of course because of the different burdens of proof involved someone could have their licence revoked for an offence that they're later found not guilty of in court.

But if the council have revoked a valuable HC *vehicle* licence and the driver is later found not guilty of the relevant charge (or it never gets to court) then it will all seem a bit harsh.

Everyone has a right of appeal to the courts.

In this case the fella didn't appeal.

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IDFIMH

It would look a tad daft if someone was deemed fit and proper to own/control, but not fit and proper to drive.

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IDFIMH

It was PH.

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IDFIMH

If they suspend, they can't subsequently revoke.

http://www.localgovernmentlawyer.co.uk/ ... &Itemid=29

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IDFIMH

Unable to find any reference where there is a fit and proper person test to be a proprietor of a TAXI or private hire vehicle.

Is there any case law on that?

Sure there are instances of banned drunk drivers being allowed to keep plates while badges are revoked. Recall one mentioned in the Dundee press a few years ago.

Can certainly see a similar argument in relation to sexual offences, and if the plate had been a valuable HC one then maybe he would have been less willing to give it up without a fight, and the council would have been less willing to revoke the plate, as opposed to the badge, obviously.

And the reverse might hold true as well - fit and proper to drive, but not to own - see my reply to Heathcote below.

Eh?

Fail the annual inspection in Fife and you have to go in front of the committee to explain yourself and have your fit and proper status tested. Same in Dundee a few years ago, for bad test failures at least, and the whole thing was all over the local press for months.

Of course, not saying the same principles apply as those relating to badges but, for example, don't some authorities have financial status tests for vehicle proprietors?

But I don't think either the vehicle inspection thing in Fife and Dundee or the financial status test elsewhere apply to drivers' badges, just to vehicle plates.

There is no appeal process if the Council revoked the licenses using a certain section.