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minutes from a local authority licensing meeting;

LI/45 HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING

The Council Secretary and Solicitor reported that, in the case of Brentwood Borough Council v. Gladen, the Court of Appeal had decided that licensing authorities were no longer entitled to require proprietors of hackney carriages to hold a private hire operator’s licence in connection with the use of hackney carriages for activities akin to private hire.

The Council, along with others, had hitherto made that stipulation because the additional controls benefited the public interest.

An effect of the Court’s decision was that fees paid in connection with operator’s licences for hackney carriages would have to be refunded from the date of the Court’s decision. The sum repayable was £2,208.05.

LI/45 Hackney Carriage and Private Hire Licensing (cont.)

However, the Court had indicated that the controls effected by an operator’s licence could be incorporated into a hackney carriage licence.

A set of suggested conditions to be included within the Council’s Conditions for Hackney Carriages that would achieve this degree of control was submitted. Prior to the conditions’ being adopted they would have to be the subject of consultation with the Hackney Carriage Trade.

The Committee was also aware that the Council had recently consulted on fees for licences for Hackney Carriages and Private Hire Vehicles, and the closing date for comments was 11th February 2005. As a result of the incorporation of the amended conditions it might be necessary to increase the drivers’ fee to take into account the cost of the additional administrative duties, and this increase might be consulted on at the same time.

The loss of £3,147.50 in fees in the next year would be partially offset by any additional fee income from an increase in the cost of a hackney carriage driver’s licence.

RESOLVED

(i) That the decision of the Court of Appeal be noted.

(ii) That the suggested conditions be incorporated into a hackney carriage licence, as set out in the report.

(iii) That the revised hackney carriage licence conditions be approved for the purpose of public consultation.

(iv) That the fee level for an enhanced hackney carriage driver’s licence be adjusted.

(v) That the trade be asked to comment on the proposals with regard to the suggested conditions by 25th February 2005.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin