ALL THINGS LICENSING
• Rehearing: The courts must make their own findings on the evidence and consider whether the licensing authority’s decision was wrong. In all cases, the magistrates should pay careful attention to the reasons given for arriving at the decision and ought not to lightly reverse the decision of the licensing authority.
• Hearsay: The court is not bound by the rules of hearsay evidence
proceedings. Hearsay evidence
normally applicable in civil is therefore
admissible because the court is concerned with relevant material and not the strict rules of evidence.
• Burden and standard of proof: the burden to establish fitness and propriety, whether in the context of application or revocation, is on the applicant. The standard is on the balance of probabilities.
Clearly the driver in the above circumstances will need to consider the above when submitting their appeal. Interestingly the Gateshead and Crozier case considered whether the driver’s actions towards the authority could be considered in any licensing decision, with the case deciding that it can.
Unfortunately, too often, I have come across examples of poor driver behaviour across the country. Common examples include drivers shouting and swearing at staff, which is something of a pet hate of mine. As an officer of the local authority, I accept that this position will be subject to a ‘bit of stick’ occasionally.
However, driving a taxi or privatre hire vehicle is a professional occupation, and if a driver is prepared to act this way towards the authority issuing the licence, my question is always one about how they are likely to interact with members of the public in the event of a dispute or complaint.
Other examples include drivers’ attempts at humour. For example, a driver advising the local authority that they were ‘on a drug run’ by way of explaining a speeding conviction; or providing an inappropriate image to the council showing a profanity. I recall an occasion when a driver was asked to provide a photograph of signage on their vehicle, whereby they provided an image showing a licensed driver sitting in the vehicle pointing two middle fingers at the camera.
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Whilst I understand that this may be an attempt at humour, I was concerned that this sort of behaviour does not meet with the high professional standards expected of licensed drivers.
Imagine for instance if your doctor dispensed a prescription, a teacher returned a child’s homework or a licensing officer issued a driver badge with a similar profanity. This would not be suitable and the situation is no different for a professional, licensed driver where conditions are attached to the licence requiring the holder to conduct themselves in a civil and orderly manner at all times.
I am sure that most drivers conduct themselves in the appropriate manner and would be supportive of action taken by the authority to uphold high professional standards. Driver conduct and the fit and proper test are subjects which come up regularly in Institute of Licensing publications and events and I would again encourage members of the trade to join the Institute of Licensingopen to keep on top of the latest goings on.
Jeremy Allen Award
On a final and different note, the Institute’s Annual Jeremy Allen Award, now in its 12th year,
in
partnership with Poppleston Allen Solicitors, is receiving nominations. The award is open to
anyone
working in licensing and related fields and seeks to recognise and award exceptional practitioners who go above and beyond.
This award is by third party nomination, which in itself is a tribute to the nominee in that they have been put forward by colleagues in recognition and out of respect to their professionalism and achievements.
Nominations for the 2023 award are invited by third parties by no later than 8th September 2023.
Please email nominations to:
info@instituteoflicensing.org and confirm that the nominee is happy to be put forward.
For full details including the nomination criteria, please visit:
www.instituteoflicensing.org.
AUGUST 2023 PHTM
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