heathcote wrote:
If she wishes to be licensed for 1 year the Council are duty bound to issue the license for that period.
Don't know so much about being 'duty bound'.
The wording via the Deregulation Act is that a badge can be issued for a lesser period "as the district council think appropriate in the circumstances of the case."
So sounds more like an *option* for the council rather than a *duty*, but how this should be applied in practice is a different matter, and doubt if there's any case law on how it should be applied.
The explanatory notes to the legislation don't help much either:
Section 10 Deregulation Act 2015 (explanatory notes) wrote:
Subsection (2) changes the law in such a way as to establish a standard duration of three years for taxi and private hire vehicle driver licences. The section specifies that a licence may be granted for a period of less than three years but only in the circumstances of an individual case, not because of a blanket policy.
But note that it says a badge MAY be granted for a lesser period than three years, not that it MUST.
That said, in the case outlined by Grandad common sense would dictate that the council should issue a one-year badge.
If the council don't play ball maybe another one for a crowd-funded TDO judicial review?