Council defeats appeal over revocation of licences of taxi driver and company
A judge at Liverpool Crown Court has upheld a decision by Wirral Metropolitan Borough Council to revoke the operating licence of a taxi driver.
HHJ Wright rejected an appeal brought by the appellant driver and the appellant company over the council’s decision in September 2017 that they were not fit and proper persons to hold their respective taxi licences.
Commenting on the case, Kings Chambers, whose barristers Freddie Humphreys and Constanze Bell appeared for Wirral MBC in the Magistrates’ Court and the Crown Court respectively, said: “In a judgment that will interest licensing practitioners HHJ Wright…. determined that the Operator Licence had ceased to exist when the Appellant company was dissolved prior to the Crown Court hearing.
“However, the bench considered that had the company been reinstated prior to the Crown Court hearing, it would have been necessary to hear further argument regarding whether the licence could be ‘resurrected’.”
Kings Chambers said Wirral’s decision to revoke the licence was “founded on several matters of fact (disputed by the Appellant), including some 10 complaints by customers who had not been collected or not been picked up from the airport despite pre-booking”.
Over the course of the two-day hearing licensing officers from Wirral gave detailed evidence regarding the investigation into the appellant and his company.
Wirral said that as well as leaving customers stranded without their transfer, the company also failed to make refunds until customers complained to the council’s licensing section. “Some customers have never received their money back.”
Cllr Paul Stuart, Chair of the Licensing Panel at Wirral, said: "This is an unusual case but it does show that the licensing authority will use the powers it has to take action against any driver or operator who falls below the standards expected in Wirral."
Humphreys and Bell were instructed by Ken Abraham, Senior Solicitor of Wirral Borough Council.
