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22nd February 2005 - Swansea Magistrates Court - Harris-v-City & County of Swansea

Mr Harris (the Appellant) appealed against a decision of the Respondent Council to refuse to grant him a licence in respect of a vehicle that was at the time of the application around 2 years and 3 months old. However, when the vehicle came into the possession of the Appellant in February 2004 it was in fact only 20 months old. The vehicle was passed to the Appellant with a Private Hire Vehicle Licence that was said to expire on 31st Jnaury 2005. In June 2004 a routine enforcement exercise revealed that the Licence was a forgery. It was never the Respondent's case that the Appellant had any knowledge that the licence was a forgery, but there was an issue as to whether the vehicle could now be licensed due to the fact that it was in excess of 2 years old, which is contrary to council policy that all vehicles on first time licensing have to be less than 2 years old. In November the Licensing Committee refused the application. The Appellant Appealed and the matter was heard by a single District Judge on 22nd February 2005. The District Judge felt that this was clearly a case in which his discretion should be exercised in favour of the Appellant and so allowed the Appeal. Solicitor for the Appellant Keith Jeffreys Kearns & Co Swansea

Taken from TAPin2Taxis

Best wishes

JD

Some Judges are quite willing to use their discretion & instruct licensing boards to grant licenses yet others, eg. in the Renfrewshire v Davies case (Court of Session), are reluctant to interfere http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=1500

Cheers

You are an asset to this site Renfrewshire because you contribute in a positive way. Others may not see it my way but anyone who takes time to make a point by supplying a justification for that point is to be admired.

Best wishes

JD