AN appeal for a licence to operate a taxi has been dismissed after a judge heard the applicant had convictions for theft and fraud.

Martin Layland concealed his police record when filling in an application form to drive a cab in Malvern.

He told Worcester Crown Court it had been "a sheer mistake" and that he had declared it on a second form.

He was appealing against a decision by Worcester magistrates on Monday, October 14 last year to refuse a licence.

Judge John Cavell said it remained a mystery over why Layland, of Russell Close, Malvern, had filled the form in wrongly.

But people who drove taxis had to be "honest" so that they would not take advantage of their job.

He said guidelines confirmed that licence applications should not be granted within three to five years of convictions. Layland was only at the half-way stage.

The judge made it clear that he was not permanently barred from making another licence application.

Ben Mills, counsel for Malvern Hills District Council, asserted that Layland, aged 24, was "not a fit and proper" person to hold a taxi licence.

In May, 1999, he was convicted of theft of an excise licence and its fraudulent use.

"The council is concerned about honesty to protect the public," added Mr Mills. Licensing authorities are aware that taxi drivers can get a bad name by overcharging."

He said Layland "lied" on his first application form and the reason behind that raised doubts about the applicant.

James McCracken, defending, argued that an offence four years ago should not stand in the way of Layland's licence.