FIT AND PROPER
WYRE TAXI DRIVER WHO LOST LICENCE OVER ‘AGGRESSIVE’ COMPLAINT LOSES APPEAL
A taxi driver alleged to have behaved ‘aggressively’ lost an appeal get his licence back. Wyre Council has successfully defended the decision of its licensing committee to refuse a dual driving licence to Jasvinder Khambay at Blackpool Magistrates on August 3. The Gazette reports that Mr Khambay previously held a dual driver’s licence which was issued by Wyre Council. However, in May 2019, the licensing authority received a complaint from a member of the public. The complaint alleged that Mr Khambay, whilst working as a taxi driver in a visibly licensed vehicle,
had behaved aggressively towards them.
This matter was subsequently put before the licensing committee of Wyre Council in August 2019 and they resolved to revoke his licence with immediate effect in the interests of public safety. Mr Khambay had since reapplied for a dual driver’s licence with Wyre Council. However, his application was refused by the committee in March 2022 on grounds that they were not satisfied he was fit to hold such a licence. Mr Khambay appealed the council’s decision to refuse the licence, but following a hearing at
Blackpool Magistrates Court, the court has upheld the decision and dismissed the appeal. The Magistrates ordered Mr Khambay to contribute £1,200 towards the council’s costs in defending the case. Neil Greenwood, Head of Environmental Health and Community Safety, commented: “We are pleased that the court has upheld the council’s decision to refuse Mr Khambay a dual driver’s licence. “We have a responsibility to ensure that the public travel safely with competent taxi drivers. Mr Khambay fell short of these standards.”
BURTON DRIVER LOSES LICENCE APPEAL AFTER INAPPROPRIATE COMMENTS TO TEEN GIRL
A Burton private hire driver whose licence was revoked after complaints of making in- appropriate comments and text messages to a teenage girl has had his appeal to keep it dismissed. Staffordshire live reports that a lay bench at Cannock Magistrates’ Court has dismissed the appeal brought by the private hire driver against the revocation of his private hire driver licence by East Staffordshire Borough Council. The licence was revoked following complaints made by a 17-year-old girl about inappropriate com- ments she said were made to her by the driver during two journeys, and inappropriate text messages that he had sent to her, she said. The council as the complainant
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gave live evidence during the appeal but the driver as the appellant did not take the opportunity to do the same. At the appeal, the council argued that the court should focus on the “fit and proper person” test as per statutory guidance - and would those applying the test let someone they cared about travel alone in a car driven by the appellant at any time of day or night? The council told the court the answer to this question was “no” based on the evidence, according to barristers, which represented the authority in court. The council argued the court could only allow the appeal if it thought the authority was wrong to have
answered “no” to the question. The court did take note of evidence presented by the appellant of remedial action taken since the reported incidents, such as installing a camera in his vehicle. However, the court found the evidence of screenshots of inappropriate, non-business- related text messages sent to the teenager, along with the driver's failure to be forthcoming about what had occurred during an investigation meant the council had not been wrong, said a spokesman for the council’s barristers. The appeal was dismissed and the appellant was ordered to pay a portion of the council’s costs.
SEPTEMBER 2022 PHTM
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