Liverpool City Council - Court Summary


 

Prosecution court results

Prosecutions and enforcement undertaken by the Licensing Authority.

Liverpool City Council Licensing Unit issues a variety of licences impacting on the day to day activities of many members of the public. Those activities include the hire of taxis, the enjoyment of licensed premises and the purchase of goods. The general reason for licensing these activities is to protect the public from unsafe provision and poor standards of service.

When licence holders fall short of the high standards placed upon them by the Authority, Licensing Enforcement Officers will investigate and when appropriate to maintain those standards and to protect the general public will prosecute offences are committed.

The information below is provided to inform and raise awareness of the actions of the Licensing Authority when regulating licensable activity.

Taxi and Private hire convictions

Name: Nicholas McCleave 12 Hereford Road
Offence: Failing to ensure the safety of passengers 
D.O.C: 26 June 2008 Liverpool Magistrates Court
Plea:        Proved in absence
Sentence: Case proved  £100 fine and £95 Costs  


Name:      Norman Tune 2 Rudgate Liverpool 
Offence:   Failing to proceed to an appointed taxi stand 
D.O.C:     26 June 2008 Liverpool Magistrates Court
Plea:        Guilty by post
Sentence: Case proved £100 fine and £95 costs  

Name:      Peter McFadden 45 Guildstead Road Liverpool 
Offence:   Plying for hire and driving with no insurance 
D.O.C:     3 July 2008 Liverpool Magistrates Court
Plea:        Guilty 
Sentence: Case proved £150 fine each offence and £95 costs
               6 penalty points  

Name:    Russell Brian Newman Hadley Avenue Crosby
Offence: Parking on taxi stand
D.O.C:   10 July 2008 Liverpool Magistrates Court
Sentence: Guilty conditional discharge 6 months £150 costs

Name:    Thomas Gerard Kavanagh  sefton private hire driver
Offence: Defective tyre
D.O.C.   31  July 2008 Liverpool Magistrates Court
Plea:      Guilty 
Sentence£100 fine £95 costs and three penalty points

Name: Michael Clarke Liverpool private hire driver

Address: Green Street Liverpool 5

Offence: Defective Tyre

D.O.C: 24 July 2008 Liverpool Magistrates Court

Plea:     Guilty

Sentence: £200 fine £95 costs 3 penalty points

 

Name: Joseph Paul Donnelly Liverpool private hire proprietor

Address: Gilroy Street Liverpool 6

Offence: Using a private hire vehicle without a licence

D.O.C 24 July 2008 Liverpool Magistrates Court

Plea:

Sentence: 12 month conditional discharge£95 costs

 

Name: Stephen Leek Knowsley private hire driver

Address  Kingsheath Avenue Liverpool 14

D.O.C: 24 July 2008 Liverpool Magistrates Court

Plea: Guilty

Sentence: £150 fine £95 costs

 

Name: Cyril Robert Parkins Liverpool private hire driver

Address: Dunmow Way Liverpool 25

Offence: Fail to wear badges

D.O.C 24 July 2008 Liverpool Magistrates court

Plea: Guilty

Sentence: £75 fine £95 costs

 

Name: Philip Benedict Rogers Liverpool private hire driver

Address: Benmore Road Liverpool 18

Offence: plying for hire and no insurance

D.O.C 24 July 2008 Liverpool Magistrates court

Plea: Guilty

Sentence: £150 Fine £95 costs £150 fine and 6 penalty points

 

Name: Kenneth John O'Connor Liverpool hackney driver

Address: Finch Meadow Close Liverpool 9

Offence: Failing to ensure the safety of passengers

D.O.C: 24 July 2008 Liverpool Magistrates court

Plea: Guilty

Sentence: 6 months conditional discharge £95 costs

Street Trading Prosecutions

Name:    Jacqueline Ware 9 Newsham Drive Liverpool
Offence: Trading in a consent street without a licence to do so 
D.O.C:    26 June 2008 Liverpool Magistrates Court
Sentence:Proved in absence £500 fine £95 costs 

Name:     Michael Ernest Postlethwaite 4Penshaw Close Liverpool
Offence:  Trading in a consent street without a licence to do so  
D.O.C:    26 June 2008 Liverpool Magistrates Court
Sentence:Guilty £500 fine £95 costs 

Name:    Roy Hanley Lockton Court Manchester 
Offence: Trading in a prohibited street 
D.O.C:   26 June 2008 Liverpool Magistrates Court
Sentence:Guilty£100 fine £95 costs and forfieture order   

Name:   Daniel Turton Blakefield Road Thornton
Offence: Selling hot food without a licence to do so
D.O.C:  10 July 2008 Liverpool Magistrates Court
Sentence: Guilty £50 fine £35 costs

Name:     Antonio Boscarino 19 Edgewell Drive 
Offence:  Trading in a consent street without a licence to do so
D.O.C:    26 June 2008 Liverpool Magistrates Court
Plea:       Guilty
Sentence: Conditional discharge six months

Name: Ramanjit Gumbhir
Offence: Trading in a prohibited street
D.O.C: 24 July 2008 Liverpool Magistrates court
Plea: Guilty
Sentence: £150 fine £95 costs

Monthly Enforcement Statistics June 2008

Reported for summons
4 X Street trading in a prohibited street
1 X Liverpool hackney carriage drivers unlicensed
2 X Liverpool PH tyre offence
1 X Liverpool PH Plying for hire & insurance
1 X Sefton PH driver unauthorised vehicle on a taxistand
1 X Liverpool PH Operator using an unlicensed vehicle
1 X Liverpool HK driver having an unauthorised person in the luggage compartment

Written cautions
8 X Sefton PH tyre offence
8 X Liverpool H/K driver tyre offence
3 X Liverpool P/H drivers Plates not affixed
1 X Liverpool hackney drivers failing to ensure safety of passengers
1 x Macclesfield PH fail to wear or display ID
1 X Knowsley PH tyre offence
5 X Liverpool HK Smoking in cab
3 X Sefton PH Plate not affixed
4 X Liverpool PH tyre offence
1 X Sefton PH fail to wear or display badge
1 X Liverpool PH driver taxi touting
1 X Liverpool HK driver unauthorised person in the luggage compartment
2 X Liverpool HK proprietors employing unlicensed drivers
1 X Liverpool HK driver Failing to behave in a civil & orderly manner
1 X Knowsley PH smoking in cab

Fixed penalties

1 X Liverpool HK smoking in cab
1 X Liverpool HK drivers given a 2 week suspension at Licensing committee for cherry picking related offences
1 X Liverpool HK driver had his licence revoked by the licensing committee for persistent cherry picking related offences he appealed to both Magistrates and Crown Court and lost both appeals

Totals 
  11 Applications for summons
  41 Formal cautions issued
    1 fixed penalty issued                      

Total 53

80 Licensed premises inspected
27 Vehicle defect notices issued to Liverpool private hire and hackney carriage
13 Vehicle suspension notices issued to Liverpool private hire and hackney carriage
14 Stop /defect notices issued to other authorities.

For information

QUARTERLY ENFORCEMENT ACTIVITY REPORT

April - June 2008
Prosecutions and Notices issued in conjunction with Neighbourhood Management Services

Enforcement Actions

April 2008 

56 Formal Home Office written cautions issued to licensed drivers for various offences
1x Liverpool unlicensed hackney driver reported for summons
2x Sefton private hire drivers reported for illegal tyres
1x Knowsley  private hire driver reported for illegal tyres
2x Liverpool HK drivers reported for illegal tyres
1x Knowsley private hire driver reported for summons for failing to give an authorised officer  reasonable  assistance
6x Street trading offences reported for summons
1x Licensing Act 2003 offence reported for summons
2x Summonses applied for under Health Act 2006 allowing smoking in a smokefree premises
2x Liverpool HK drivers failing to ensure the safety of passengers
1x Liverpool HK driver failing to proceed
44 Parking tickets issued

May 2008

38 Formal Home Office cautions issued to licensed drivers for various offences
3x Illegal street traders reported for summons
1x  Licensee reported for allowing smoking in a smokefree place
1x  Knowsley PH driver for tyre offences
1x  Knowsley PH driver reported for summons for plying for hire and associated insurance offences
1x  Liverpool PH driver reported for using an unlicensed vehicle (police also seized vehicle and will be prosecuting  for insurance offences)
1x Liverpool PH driver for tyre offences
1x Liverpool PH driver for plate not firmly affixed
1x Liverpool PH driver reported for summons for plying for hire and associated insurance offences
1x Sefton PH driver for tyre offences
26 Parking tickets issued for private cars on a taxicab rank

June 2008

41 Formal home office cautions issued to licensed drivers for various offences
2x Formal home office caution issued for street trading offence
1x Fixed penalty for smoking offence
1x Hackney carriage driver revoked for "cherry picking" related offences and numerous complaints being made by members of public
1x Hackney carriage driver revoked after appeals to Magistrates and Crown court were refused. Again this was in relation to "cherry picking " offences
1x Hackney carriage driver given a two week suspension for "cherry picking" related offences
4x Illegal vendors reported for summons for street trading in a prohibited street
2x Liverpool hackney carriage drivers reported for summons for being unlicensed
2x Liverpool private hire drivers reported for summons for using illegal tyres
1x Liverpool PH driver reported for summons for plying for hire and associated insurance offences
1x Liverpool PH Operator reported for summons for using an unlicensed vehicle
1x Sefton PH driver unauthorised parking on taxistand
1x Liverpool HK driver reported for summons for having an unauthorised person in the luggage compartment
21 Parking tickets issued

 Enforcement Activities

Virtually all home football matches for both Everton and Liverpool attended by licensing officers and with the assistance of Merseyside Police verifying addresses, illegal vendors are reported for summons. Attendance at both daytime and evening matches, season starting July 2007 through May 2008.

Operation Herbie. Saturday 29-03-2008. 2000 hours to 0100 hours. Initiative with police at Wavertree Road to inspect licensed vehicles in the Wavertree, Kensington and Anfield areas.15 vehicles inspected, one Liverpool PH vehicle was seized for operating unlicensed , driver will be facing insurance  and using an unlicensed vehicle offences , two defect notices and one suspension notices were issued to Liverpool PH drivers and two written cautions will be issued to Liverpool PH drivers for licence breaches.

Operation Sphere. Monday 31-03-2008 0900 to 1600 hours. Roadside initiative with Merseyside police to identify unroadworthy licensed vehicles .65 vehicles inspected, 11 defect notices issued 2 Liverpool, 1 Knowsley and 8 Sefton , 3 suspension notices issued to Sefton PH for tyre offences, 2 written cautions will be issued for licence plates not being firmly affixed to the rear of the vehicle, one Liverpool and one Knowsley

 Grand National Event. Thurs Friday Saturday 3 - 5 April 2008. Licensing Officers dealing with predominately taxi related issues over the three day event. 2 illegal hot food vendors will be reported for summons, and various offences committed by licensed and unlicensed drivers were uncovered appropriate action will be taken. 10 in total ranging from illegal tyres to unlicensed vehicles / insurance offences.

Operation Sweep. Sunday 06-04-2008 1600 hours to 0000 hours. Initiative involving licensing officers to identify if licensed premises were permitting smoking to take place on those premises. 13 Premises inspected citywide one summons will be generated for allowing smoking in a licensed premises and two written cautions will be issued for smoking related offences.

Respect Yewtree. Tuesday/Wednesday 08/09-04-2008 0800 to 1600 hours. Roadside inspections with Merseyside Police, as part of on going respect initiatives. A total of 45 vehicles were stopped. Seven defects issued and two stop notices issued for tyre offences. Two drivers will be given written caution for the tyre offences.

Operation Rookie. Friday 11-04 2008. Initiative with trainee constables and licensing officers from Liverpool , Sefton and Warrington. 74 licensed vehicles inspected, 9 defect notices and 3 suspension notices issued. A prosecution will be sought from Sefton officers dealing with a vehicle driver from their own authority.

Operation Sweep. Sunday 13-04-2008 1600 to 0000 hours Initiative involving licensing officers to identify if licensed premises were permitting smoking to take place on those premises. 12 Premises inspected citywide one summons will be generated for allowing smoking in a licensed premises

Operation Pirate . Friday 18-04-2008 covert initiative involving licensing officers to see if unlicensed private hire companies are taking bookings without an operators licence being in place. One company will be reported for summons for this and associated offences.

Operation Sphere. Thursday 15-05-2008 0900 to 1600. Initiative between Merseyside Police, Vosa and licensing officers to identify unroadworthy vehicles and take appropriate action. 47 licensed vehicles inspected, 5 defect notices, 3 suspension notices and 4 written cautions will be issued for various licence breaches

Operation Sphere. Tuesday 20-05-2008 0900 to 1600 hours, Initiative with Merseyside Police to identify unroadworthy vehicles and take appropriate action. 33 vehicles inspected , 16 Liverpool , 14 Sefton and 3 Knowsley licensed vehicles. One defect notice , two suspension notices , two fixed penalties for seat belt offences, one written caution and one prosecution for tyre offences will also be issued.

Operation Rookie. Thursday 12-06-2008 1500 hours to 0000 hours roaming roadside initiative with trainee police constables and licensing officers In the South Liverpool area to identify unroadworthy licensed vehicles. 12 vehicles inspected , 3 defect notices , one suspension notice and one formal written caution will be issued.

Operation Hub 3. Friday 13-06-2008 from 1700 hours to 0000 hours. Initiative with Merseyside Police Tuebrook, trading standards and licensing officers to identify licensed premises that were linked to ASB. 22 licensed premises visited. One premises DPS  will be reported for summons for licence breaches, 4 premises will be reported to the fire service by licensing officers for further actions/re-visits.

Operation Cupertino Friday 13-06-2008, initiative with Merseyside Police at Belle Vale and licensing officers to identify licensed premises that were linked to ASB. 4 premises visited, licence breaches found on all, further visits to be arranged and appropriate action taken.

Operation Hub 3 Roadside. Friday 13-06-2008 0900 to 1700 hours initiative with Roadsafe Police officers from Tuebrook and licensing officers to identify unroadworthy licensed vehicles and take appropriate action. 32 licensed vehicles inspected, 17 Liverpool  10 Sefton and 4 Knowsley. One Sefton driver will be issued with a written caution for a licence breach.

Operation Rookie Thursday 19-06-2008 0900 to 1600 hours. Initiative at John Lennon Airport with trainee police constables, Vosa and licensing officers from Warrington and Liverpool . The purpose of the operation was to identify unroadworthy licensed vehicles and to give the trainee police officers a better understanding of licensing legislation in relation to taxis and private hire. Also linked with this initiative was a covert operation to identify unlicensed private hire operators and take appropriate action. 89 vehicles inspected, 10 defect , 4 suspension notices issued,3 prosecutions for unlicensed Operators and 7 formal written cautions will be issued.