Institute of Licensing.

The recent Government task and finish group report and consultation on proposed statutory guidance has recognised the Institute’s contribution.

The consultation version of the draft statutory (2.18) guidance recognises the contribution the Institute can play in developing training packages for taxi and private hire drivers.

In the same document, paragraph 2.50 states: “Engagement with licensing authorities identified that greater direction from the Department was sought and in some cases required.
 The Department did not make specific recommendations regarding the assessment of convictions in the 2010 update of the Best Practice Guidance. In response to concerns raised by stakeholders and to assist in greater consistency in licensing, Annex A provides the Department’s recommendations on this issue. This draws on the work of the Institute of Licensing, in partnership with the LGA, the National

Association of Licensing Enforcement Officers (NALEO) and Lawyers in Local Government, in publishing its guidance on determining the suitability of taxi and PHV licensees.

In the Government’s response to the taxi finish and task group, the contribution of the Institute and its partners through its fitness guidance has been recognised: “As with the introduction of national minimum standards, Government will seek to balance the need for greater nationwide consistency with respect for local decision making. We welcome the work that the Institute of Licensing in partnership with the Local Government Association, the National Association of Licensing and Enforcement Officers and Lawyers in Local Government have done in this area.”

James Button, IoL President said: “I welcome the Consultation on the S177 Statutory Guidance and the response to the Task and Finish Group’s report, because it shows that there is some movement within Government over Taxi and Private Hire licensing. I am disappointed that the Government has made it clear that they do not intend to comprehensively update and review the underlying legislation, nor take forward many of the suggestions made by the Task and Finish Group.”

Stephen D Turner, Licensing Lead for Lawyers in Local Government, said: “The Institute welcomes this Consultation and will develop a response through its specialist practitioners in due course. It is pleasing to note that the Department has adopted the guidance standards relating to previous convictions developed by the Institute and published last year.

 Welcome as the draft guidance is there is still an urgent need for legislative change simultaneously with or subsequent to the publication of the final guidance”

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A Cambridge taxi driver has been barred from the trade after claiming more than £16,000 in benefits he was not entitled to.

Mohammed Gulam Mostafa, 52, of Cherry Hinton, Cambridge, first appeared before the council’s licensing sub-committee after the Department for Work and Pensions (DWP) informed the authority that he had been convicted of benefit fraud.

The DWP investigation found that Mr Mostafa had claimed a total of £16,294 in housing and council tax benefit that he wasn’t entitled to during the course of several years.

As a licensed private hire driver, Mr Mostafa was required to report any convictions to the council in writing within seven days. This was not done. After the DWP made the council aware, Mr Mostafa was contacted and attended an interview at the authority’s offices to discuss the allegation and the failure to report it as per his licence conditions.

He claimed during the interview that he was not aware he needed to report it to the council. He also stated that his probation officer should have told him to report the conviction, and it was therefore not his fault. The interviewing officer advised him that the matter would be referred to the Licensing Sub-Committee for a decision on his suitability to continue to hold a private hire driver licence.

The licensing sub-committee hearing took place on January 19 last year, and the decision was made to revoke his licence in the interest of public safety.

Mr Mostafa then appealed the decision to the Magistrates, who refused the appeal and upheld the original council decision. Mr Mostafa was then ordered to pay the council’s costs of £546.

At this point, Mr Mostafa advised the council of his intention to make a further appeal to the Crown Court. This took place on February 8, at Cambridge Crown Court where Mr Mostafa represented himself. The case was heard by HHJ Jonathan Cooper assisted by two lay magistrates. They upheld the Magistrate’s decision, and thereby also the original decision by the licensing sub-committee.

Mr Mostafa’s private hire driver licence was revoked immediately and he was also ordered to pay further costs of £1,968 for the Crown Court appeal.

The council's lead cabinet member for licensing, Cllr Neil Gough, said: “The safety and security of people who are travelling with taxi drivers that are licensed by SCDC is absolutely paramount. Our officers do a huge amount of work to try and ensure residents can step into any taxi with confidence and having drivers with undeclared convictions jeopardises this.

"I am pleased that, in this case, both the Magistrates and the Crown Courts agreed with us and upheld our decision to ban Mr Mostafa from holding a private hire badge. Being granted a tax license is a privilege and we hold drivers that possess them to extremely high standards – as residents quite rightly expect us to. We only license fit and proper people to be taxi drivers and will not tolerate dishonesty. This is a warning to all licensed drivers, operators and vehicle proprietors to ensure they comply fully with council issued conditions.”

Last year, the council adopted a new stringent taxi licensing policy that saw the authority become one of only a few requiring the installation of CCTV in most vehicles.

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