NORWICH

A woman struck by a taxi in the car park of a visitor centre on a Royal estate required a skin graft from the back of her leg to heal her wounds, a court has heard.

Taxi driver Colin Ward, 71, had been taking a number of people to a Christmas lunch for the Salvation Army at Sandringham Visitors Centre in December last year when he struck a pedestrian in the car park.

Norwich Magistrates Court heard Sharon Esposito, who was on her way to a festive lunch, felt an impact on her back before she fell to the floor and the vehicle ran over her foot.

Pamela Dean, a friend who was walking alongside Mrs Esposito, said her friend "lay there shrieking on the floor".

She told the court: "The car had gone over the shoe and she managed to wriggle her foot out and there was blood down some green tights she had on."

Ward, of Goose Green Road, Snettisham, had gone on trial having denied driving without due care and attention on December 3 last year.

On Wednesday (November 13) he was found guilty of the offence by city magistrates who said his driving "fell below the standard expected".

Mark Jackson, prosecuting, referred to a victim impact statement in which Mrs Esposito described the effect the injury had on her.

The fracture she suffered affected all of the metatarsals in her foot and resulted in an open wound to the top of her foot, which required a skin graft from the back of her leg which has resulted in a scar.

She had to wear a protective boot for some considerable time and said the incident has had an "extremely big impact" on her busy life.

He said it was a "festive occasion which should have been a happy one that didn't turn out that way".

The court had heard Ward's Mercedes Vito had been travelling at walking pace, at about two to three miles per hour, when it struck Mrs Esposito who suffered "serious injuries".

Ward, an ex-military man, had lost sight in his left eye although was assessed as being fit to drive.

Alan Wheetman, for Ward, said his client offered his sincere regret and apologies to the victim.

He was given four penalty points, fined £174, ordered to pay £600 costs and a £30 victim surcharge.
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A FORMER door steward who attacked a man trying to sneak into the nightclub he was working at has become a cab driver.

Garry Bulloch was charged with assault to injury in 2006 when he punched the young man in the face who had just been rejected from the club.

The incident, which was captured on CCTV, saw the victim require three stitches to his head and three more stitches to his lip.

Bulloch was ordered to complete a community payback order but breached its terms.

In February 2018 he was fined £525 for driving without insurance with only a provisional licence.

In April 2018 Bulloch was fined another £300 and disqualified from driving for 50 days for driving without insurance.

Mr Bulloch was brought before the licensing committee to explain himself.

He said: “I had been working at a nightclub in George Square for two years.

“I have no excuse and should never have done that. When you are working in Glasgow you are under a considerable threat. It was a moment of madness.

“I missed my community service because I was working but I did complete it eventually.”

The applicant then explained why he was caught driving without insurance twice.

He said: “Regarding the incident in April 2018, I had paid for my car insurance but the company did not have the correct address or phone number for me.

“In February 2018 I had just failed my driving test. I should not have taken the car to go and get milk from Tesco.”

Members then questioned Mr Bulloch’s capability to be a private hire car driver.

Councillor Alex Wilson said: “As a cab driver you will have to deal with people who are intoxicated and you will still be provoked. How will you react?”

Mr Bulloch responded: “I would not use violence against anyone. I lost my job as a result of that incident. I won’t happen again.”

Glasgow Evening Times
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The United Private Hire Drivers branch of the IWGB union is this morning (11 November) publishing a legal opinion from the top legal team who have defeated successive appeals from Uber against a 2016 ruling which guarantees Uber drivers the right to earn the minimum wage and holiday pay.

Jason Galbraith-Marten QC and Sheryn Omeri of Cloisters chambers in London authored an opinion to answer whether a ‘fit and proper’ assessment for public licensing can consider compliance with the law for firms like Uber, and whether licensing authorities like Transport for London have the capacity and obligation to impose conditions that such firms must obey the law before they can be granted a public licence.

Jason Galbraith-Marten QC and Sheryn Omeri wrote: 'It is our opinion that the ‘fit and proper person’ requirement for the issue of a private hire operator’s licence does require the licensing authority to take account of the question of whether the applicant for a licence has in the past failed, or will in the future fail, to observe relevant employment law rights of its private hire vehicle drivers.' 

The team went on to warn that any failure on the part of Transport for London and the Mayor to consider Uber’s 'terrible' employment law record in its licensing decision could amount to a violation of the European Convention on Human Rights.

Article 8 & 14 guarantees Uber drivers the right to respect of their private and family life as well as the right to freedom from discrimination.

The UPHD say this is particularly relevant as TfL presides over a taxi and private hire licensing system where private hire drivers who according to TfL are 94% BAME, have less protection from exploitation than black cab drivers who are 85% white British. 

Jason Galbraith-Marten QC and Sheryn Omeri wrote: 'We consider it to be arguable that Convention law obliges TfL to take account of obedience to relevant employment law provisions by an applicant for a private hire operator’s licence. 

'We consider this obligation to arise from the fact that a failure by TfL to do so, in circumstances where there are genuine concerns raised, could amount to a breach of Article 14 read together with Article 8. 

'That is, TfL must ensure that the right to maintain relationships with others (through work) of private hire vehicle drivers is protected or secured by actively considering the issue of the protection of their employment rights. 

'Failure to do so would result in their Article 8 rights having lesser protection than those of hackney carriage drivers, for example (the majority of whom we understand to be white British).'

The union went on to pen an opinion that suggests for years both Transport for London and the Mayor have incorrectly denied they have the necessary legal powers necessary to protect Uber drivers from exploitation. 

'When the union asked both TfL and the Mayor to provide us a legal opinion to substantiate their denials both declined to do so. For this reason, the union commissioned its own review of the law,' the union added.

James Farrar, Chair of the United Private Hire Drivers branch of the IWGB union and co lead claimant in Aslam & Farrar v Uber said: “Despite our win against at the Employment Tribunal against Uber in 2016, justice has been denied while Uber pursues one hopeless appeal after another to buy time to corner the London market. 

"It is devastating to now learn that the Mayor and Transport for London could have stepped in to protect us years ago but failed to do so.

"The Mayor must act now to correct this terrible mistake and follow the lead of the Mayor of New York who last year set worker rights compliance as a condition of license there. What’s the Mayor afraid of – a lawsuit from Uber?” 

Yaseen Aslam, National General Secretary of United Private Hire Drivers branch of the IWGB union and co lead claimant in Aslam & Farrar v Uber said: “Sadiq Khan says he is on the side of precarious workers and today he will be asking other employers to pay their workers the London Living Wage.

"But during his term in office he has failed dismally in holding Uber to account for their brutal exploitation of minicab drivers licensed by Transport for London under his authority.  It’s not too late for him to act now, he must impose conditions on Uber’s license upon renewal this month so Uber drivers too can benefit from the London Living Wage.”