Council licensing.

[danielle86]

Evening all,

 

I have a problem, and not sure where to start at all so any advice would be much appreciated.

 

Heres a brief tale on whats happened so far.

 

My husband Is a taxi driver (private hire),

 

A complaint was made by a person that works for the environmental health section of the council hes under,

that he was smoking in the taxi at 2.30pm on 1st July 13.

 

He was called in to the council offices and interviewed under caution by a man from licencing.

My husband explained he does not smoke in his taxi, nor was he at the place the man stated as at 2.30 we were parked up outside school.

 

They explained that if he admitted it now he would only get a weeks ban, but if he denies it, then it would go to council tribunal

and if found guilty he would serve a 2 week ban.

 

My hsband again stated that he was not smoking in his car, nor was he at that place at that time as he was on the school run. They let him go and said they will be in touch.

 

A couple of weeks later they sent for him again, and again interviewed him under caution,

and asked was he ready to admit to it yet, and change his statement.

 

My husband again said he doesn't smoke in his taxi, nor was he at that place on that date and time,

he could prove it as we say hello to a few parents that are parked up at the school.

We are at school for half past two everyday.

The man told him to prepare witness statements stating that he was there.

 

My husband got a letter 6 weeks later saying his tribrunal day was today (25/9/13) and that they can convict him on the probability that he was,

and if found guilty he would get a 2 week ban, and/or have to sit his NVQ again.

 

My husband has just returned, saying that they have told him they are not taking his witness statements from 3 different people into account,

and furthermore, they are giving him a 3 week ban and he has to re-sit his NVQ.

They have told him that he has 3 weeks to appeal for review at the magistrates court, if he doesn't his ban will begin in 21 days.

 

Now I don't know what to do,

he cant take the 3 week ban and re-sit the NVQ as the fee for the NVQ is around £200

and the 3 week ban will leave us in the red by £300 + per week on his taxi bills alone,

let alone shopping, household bills, school meals etc.

 

He is the only bread winner in our house, and day to day bills are a struggle as it is, let alone with this hanging over our heads.

Isn't there a law somewhere that says you cant take work tools if it will cause financial hardship,

let alone that they have found him guilty on probable cause.

 

Any help will be great, as we have had 2 losses this month, one being our baby, and now with this hanging over our heads, its pushing us over the edge.

 

Many thanks,

 

Danielle. x

[citizenB]

Seems very unfair that they are not prepared to accept Witness statements if they prove OH was elsewhere!!

 

Is it possible the School has CCTV that might show OH being there at the time in question?

 

I will see if anyone else on Site Team has any suggestions.

[dx100uk]

is this his day to day car[you were in the same car & the school]

 

or a black cab [hackney carriage licenced] was it parked elsewhere.

 

seems very unfair to me.

 

dx

[steampowered]

Do you know if there is an appeal process?

[danielle86]

There is an appeal process, we have to wait for the council to send a summery of what was said in the meeting to us by post, then they said if we still wish to appeal it, it will be put to the magistrates court.

 

There is no cctv in the area, I asked the school and the neighbouring Day centre.

 

It is our car, we bought it and licensed it, but it is also our family car.

 

My husband asked them why is it their legislation states its a 2 week ban max for them ruling guilty, yet they gave him a 3 week ban, to which they replied that they can make it up as they go along.

 

Danielle,x

[steampowered]

Doesn't surprise me that you have got a bad decision through a council process Danielle. It sounds like the case has not gone before a proper judge. Get your hands on that summary ASAP and make sure you chase the council for it - try to identify who is responsible for providing it and prod them.

[SweetLorraine]

....Is it possible the School has CCTV that might show OH being there at the time in question?

 

Sorry to read of your troubles Danielle, I hope things settle down in time.

 

Good point by citizenB, though to knock the ball back into their court I wonder what evidence the Council have that your partner was where they say he was - have they CCTV footage, photos or anything like that?

 

Was it his word agin the council officer's word (and the tribunal refused the witness statements supporting your partner)?

 

Can they even prove your partner smokes?

[danielle86]

They produced no evidence in the tribunal to try and prove he was where he was accused of being, just the "witness statement" from the man, but yet they wouldn't take his witness statements into account to say that he was where he actually was.

 

He told them he smokes, just not in the car. He wont smoke in the car, because its not worth the ban, ironically enough.

 

I'll get onto the council Monday morning and start chasing it up although they have said they have sent relevant paperwork through the post.

 

cheers,

 

Danielle.x