It's actually a bit more interesting than the above suggests
Unlicensed Windermere tuk-tuk taxi driver tried to claim he was photographer
https://www.nwemail.co.uk/news/20195105 ... tographer/
A LAKES tuk-tuk driver operating without a taxi licence was caught out when he told undercover council workers he did not need one because he had found a legal 'loophole', a court heard.
Steven Sutton was charged with operating his tuk-tuk as a Hackney carriage and private hire vehicle and was convicted of the offences following a criminal trial.
A court heard how Sutton, who runs The Original Windermere Tuk Tuk Company, had claimed he was using the quirky vehicle to take passengers for 'photoshoots' at Lake District beauty spots - and not charging them for the journey.
But undercover council officers found evidence he was charging passengers for tuk-tuk rides and telling them he needed to take photos of them to allow him to operate.
South Cumbria Magistrates Court heard Sutton, 41, had 'so badly wanted' to obtain a taxi licence for his £10,000 tuk-tuk but South Lakeland District Council had raised fears over the safety of the vehicle.
After Sutton was seen taking passengers around Windermere and Bowness, members of the public, including other Lakes cabbies, complained to the council about him operating as a taxi driver without a licence.
Carrying out a test purchase on July 7 2021, council officers Steven Hemsley and Julie Richings visited Sutton at The Glebe in Bowness and asked if he was 'for hire'.
They told the court that they were offered a journey to Biskey Howe viewpoint for £20.
Before they set off they said Sutton took three photos of the pair standing next to the tuk-tuk with Mr Hemsley's mobile phone.
Ms Richings told the court: "He said he had found some kind of loophole. If he took a photograph that meant he didn't need a licence."
They described how travelling up an incline in Bowness, the tuk-tuk's engine cut out and needed to be restarted.
They then visited the viewpoint and returned to Bowness.
Ms Richings said she later sent a letter to Sutton telling him he could not operate without a licence.
Further investigations were carried out by SLDC, with environmental health officer Julie Dickinson calling him to arrange a trip in October.
She said Sutton told her he would need to take a photo of her because he was having 'trouble' with the council.
The court also heard evidence from Sarah Ibbetson, the secretary of the South Lakeland Taxi Association, who said members of the trade were upset at losing business to Sutton.
At the beginning of the trial, Sutton tried to argue the council had no authority to prosecute the case.
He said: "The council are not police officers so they have no jurisdiction."
He also claimed the test purchase by council workers was an 'illegal covert operation which breached my human rights'.
His arguments were not accepted by the judge presiding over the trial.
Giving evidence, Sutton told the court he was operating only as a photographer and had charged people for photos taken on the trips.
He said he would charge a fee to take photos on customers' phones but charged extra for ones taken with his camera.
In a closing speech to the court, he said: "I so badly wanted to be a taxi driver but I was thwarted by the licensing team.
"I was stuck with a £10,000 tuk-tuk.
"No-one has paid for a ride in my tuk-tuk but they've paid for the photos.
"I'm just a photographer being bullied.
"I'm shocked at the depths the council has sunk to and I'm shocked at the money spent on this case."
District Judge John Temperley found Sutton guilty of three charges, ruling the trip on July 7 was 'not a photoshoot'.
The judge ruled midway through the trial that there was no case to answer on two charges.
Sutton, of School Knott Close Windermere, was fined a total of £380 for the offences and told to pay a £38 victim surcharge and £500 in costs.
