COURT THROWS OUT TAXI FIRM'S CASE
A private prosecution brought to court by one Plymouth taxi boss against another has been thrown out by magistrates after they found there was no case to answer. Silverline director Lawrence Brown had pleaded not guilty to knowingly operating a vehicle without a private hire licence on May 23 this year in a case brought by Taxifast boss John Preece.
Magistrates heard from Mr Brown's barrister, David Fletcher, that it had been a malicious 'trade war' prosecution brought by Mr Preece and had been 'doomed to failure' from the start.
But after the case was formaly dismissed Mr Preece said he would now take it forward to the high court for a judicial review.
Earlier his barrister, Shaun Braunton, had told magistrates that Mr Brown had operated without a private hire licence for more than two years.
He said that Mr Brown's last licence expired in March 2001 and when his application for a renewal was eventually held in April this year it was refused by the city council's licensing committee who deemed Mr Brown as 'not a fit and proper person' to hold such a licence.
Mr Preece objected to the renewal of Mr Brown's licence on a number of allegations, including that he was just a 'front man' for former Silverline owner Les Palmer - who was stripped of his private hire licence some years earlier as being 'not a fit and proper person'.
Mr Braunton said the licensing committee in April this year agreed the set-up at Silverline was a 'sham' and that Mr Palmer was still involved with the operation of the business.
He said that against that background Mr Brown had knowingly been operating without a private hire licence since March 2001 and up to May 23 this year, the date when a private detective hired by Mr Preece could prove he used a Silverline taxi.
But Mr Fletcher said Mr Brown had appealed against the city council's decision not to renew the licence and had a letter, from the council on April 4, saying that if an appeal was lodged then 'the existing licence will continue'.
He said this meant that Mr Brown has an existing licence and is allowed to continue operating until the decision by magistrates at the appeal hearing - scheduled to take place next month.
Mr Braunton said the licence had not been renewed and that the council's view regarding a 'hold over provision' during appeal didn't stop anyone else, like Mr Preece, taking legal action on the basis that Mr Brown was still operating without a licence.
After the case was dismissed Mr Brown said the whole thing had been stressful but he was relieved at the court's decision.
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I don't think they like each other.
Now where is Stevo when you need him?