Mr Tony Scott instructed Taxi Defence Barristers to represent him in his appeal against a decision of Conwy County Borough Council to refuse him a licence on the grounds that he was not a fit and proper person.
In October last year a student at Llandrillo College told a tutor that Mr Scott, who held a contract to take her and other students to and from college, allegedly assaulted her on a couple of occasions as he drove her alone.
The alleged assault was reported to the police and the council.
Mr Scott’s licence was suspended by Conwy County Borough Council after a criminal investigation was launched by the police. On advice from a council officer, Mr Scott surrendered his licence on the day of the committee hearing. The licensing officer’s advice was that Mr Scott should re-apply when the police investigation was concluded.
In February Mr Scott was informed by the police that no charges were being brought because of a lack of evidence. Mr Scott consequently reapplied for his licence.
His new application was referred to Conwy County Borough Council’s Licensing Committee who refused the new application. Mr Scott told the Licensing Committee that the police had found no evidence, but the official explanation by the police was that there were “evidential difficulties”.
Conwy County Borough Council argued that “misrepresentation of the truth” was one of the reasons by the committee refused his application, considering he was not a fit and proper person to hold a licence.
The court upheld Mr Scott’s appeal finding that he did not deliberately mislead the Licensing Committee. The bench noted that Mr Scott did not received written confirmation of the police’s decision not to change until after the Licensing Committee hearing. They also found that Mr Scott surrendered his licence on legal advice but was not advised of the consequences of doing so.
Amy Stroud, acted for Taxi Defence Barristers in this case.