Karaoke taxi owner loses licence fight

Karaoke taxi owner loses licence fight
By Amanda Smith http://www.theboltonnews.co.uk/display.var.1978632.0.karaoke_taxi_owner_loses_licence_fight.php

A MAGISTRATE has hit out at Bolton Council after it failed to follow up complaints which led to the conviction of a taxi driver.

Clinton Jolley, of Manchester Road, Blackrod, was found guilty at Bolton Magistrates Court yesterday of driving his taxi van, which had a karaoke machine inside it, without a private hire licence. He was given a conditional discharge.

Jolley drove a distinctive black Peugeot taxi van with eight seats. The karaoke machine was for passengers to use.

Denying the licence offence, he claimed he was covered by an exclusion loophole in the law because he had a contract with the DeVere Whites Hotel in Horwich.

The court heard that complaints had been made to Bolton Council's licensing department about Jolley driving an unlicensed vehicle for private hire.

They called him to a meeting in September, 2006, and council officers said they would investigate the matter further and get back to him.

He heard nothing more until another complaint was made in March, 2007, which brought the case to court.

Jolley had previously held a hackney carriage licence, which expired in 2005.

Yesterday, presiding magistrate Jeremy Foster said: "The council was most unprofessional by not following up the 2006 meeting.

"We have decided to impose a conditional discharge in view of the council's failure."

The maximum sentence could have been a £3,000 fine.He was told to pay £200 towards the prosecution's £1,500 costs.

Jolley told the court he had a verbal contract with the hotel since it opened in 2001 but was unable to provide written proof.

Sarah Gander, the hotel's general manager, said they used his services regularly but he did not have an exclusive contract.

To succeed under the exclusion loophole, Jolley needed to have a written contract for a specific vehicle with a contract-ending date.

This case is believed to be the first of its kind in Bolton and is likely to be the last because the exclusion law ends on January 28.

After the trial, Jolley said: "I have lost my business now. If they had told me I needed a licence, I would have applied for one and this could have been prevented."