Court upholds Ashford Borough Council's decision to revoke private hire driver's licence after mobile phone usage

Ashford Borough Council has successfully defended its decision to revoke the licence of a private hire driver who was seen using a handheld mobile phone while driving on the M25. Folkestone Magistrates’ Court has dismissed an appeal, backing the council’s position that public safety must remain the overriding consideration in all taxi licensing decisions.

In November 2025, Surrey Police submitted a report to the council’s Licensing Team concerning Mr Mehmet Kaygun, who at the time held a private hire driver’s licence. He was observed driving on the M25 motorway while holding and using a mobile phone for a prolonged period. Officers also noted additional distraction from an electronic tablet device within the vehicle. Police evidence, including officer observations and dashcam footage, showed that the driver repeatedly looked away from the road whilst holding the device in front of him in live traffic conditions.

Following a full investigation and careful consideration of the evidence, the council determined that this conduct raised serious public safety concerns and that Mr Kaygun no longer met the requirement to be a “fit and proper person” to hold a private hire driver’s licence. His licence was therefore revoked with immediate effect.

Mr Kaygun exercised his legal right of appeal, and the matter was heard at Folkestone Magistrates’ Court on Wednesday 3 June, with the council represented by its Legal Services team.

While the court acknowledged the personal impact of the licence revocation, it confirmed that the decision must be based solely on considerations of public safety and that matters relating to the individual’s personal circumstances or livelihood are not factors that can lawfully be taken into account in line with existing case law.

In considering the case, the court placed itself in the position of the licensing authority and, having regard to Ashford Borough Council’s Taxi Licensing Policy, relevant national guidance, and statutory Department for Transport standards, were not satisfied that the council’s decision was wrong.

The appeal was therefore dismissed, and Mr Kaygun was ordered to pay £2,000 towards the council’s costs in defending the appeal.

Councillor Katrina Giles, Cabinet Member for Communities and Health at Ashford Borough Council, said: “Residents expect drivers of licensed vehicles to always operate safely. The council has a clear duty to ensure that all licensed drivers meet the ‘fit and proper person’ test. This case demonstrates that we will act decisively where standards fall short, particularly where road safety is concerned. Using a handheld mobile phone while driving is both dangerous and unlawful, and it will not be tolerated within the licensed trade in Ashford.”