In a landmark case, the High Court has backed Cherwell District Council’s appeal against a decision by north Oxfordshire Magistrates to allow a violent taxi driver to regain his licence.
On Thursday, November 10, Judge Bidder QC handed down a judgment against the earlier decision, which had allowed Naveed Anwar to continue plying his trade. In October 2008, Anwar attacked his wife and in March the following year entered a guilty plea to common assault. He failed to disclose details of his conviction until June of the same year when he applied to renew his taxi driver's license, which was due at the end of September.
In September 2009, following receipt of Anwar’s Criminal Records Bureau (CRB) check, he was interviewed by Cherwell’s licensing inspectors regarding the conviction. Shortly afterwards he was informed that his application for renewal had been refused in line with Cherwell’s taxi licensing policy.
Despite being aware of and having signed a copy of the policy, in October Anwar appealed the council’s action through its licensing sub-committee, where the original decision was upheld.
Then in December he made an appeal to Banbury Magistrates’ Court, which heard and allowed the appeal in January. The magistrates’ decision was based on Anwar’s argument that refusal to renew his licence prevented him from supporting his family.
But in last week’s judgment, Judge Bidder said: “They (North Oxfordshire Magistrates) took into account an irrelevant reason, which no reasonable court would have done.
“I cannot speculate on what their decision would have been absent the taking into account of the hardship issue – had they not taken that into account it is difficult to see that they could, while having proper regard to the council’s decision, have made the generous decision they did.”
It is the first time this situation has been tested at the High Court and sets a precedent for use in future cases of its kind. Councillor George Reynolds, Cherwell’s deputy leader, said: “This was a very important decision as it has implications for licensing authorities across the country. The decision to refuse a taxi license is not taken lightly but the council has a responsibility to safeguard members of the public where it can.
“We believe that if someone is willing to attack a member of their family, whom they are supposed to love and protect, they may have no qualms about assaulting a passenger should any trouble arise.”
