Taxi Driver Online

MR CHARLES HOLLAND
(instructed by James Button & Co agents for W.E. Henry Borough Solicitor for Berwick-upon-Tweed Borough Council) for the Defendant

Another defeat

CC

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

And how are they going to check up?

And will a mags court really take a license away cos someone wants to work elsewhere?

And what constitutes working away? 10% 20% 30%?

Let's hope the PH firm appeal, if Berwick don't.

IMO the judge kopped out and just said it's down to Berwick if they want to change. If what Berwick were doing is illegal then they judge would have said so, but he didn't.

Thus IMO it's still legal.

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IDFIMH

From April next year Berwick are part of the new authority but Dave Wilson is drawing up a new application form for owners asking the question do you intend to use the vehicle in Berwick? The judge is saying that Berwick should exercise a discretion not to license if the applicant lives an excessive distance from berwick. In other words anyone not living local to their own licensing authority should be considered not a fit and proper person and refused a license. lol

captain cab thinks I'm somewhat at issue with the ruling but the only thing I'm at issue with is the fact that this judge made Berwick pay 50% of Newcastles costs.

The ruling itself gives nothing to Newcastle or any other authority for that matter so I don't don't know why Newcastle are crowing.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

It cannot work that way, either there fit and proper or there not, what about all these foreigners that work as drivers??? what do they put for a home address
I hope Berwick continue to issue licences regardless of where the driver lives, and they appeal the 50% unjust costs, there doing everything right within the law

I tend to agree....but I might be being mischievous

I think what we all want is something definitive

regards

CC

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

But thats a construction on the Judges conclusions.

Following the handing down of my judgment in draft I heard Counsel on the appropriate form of relief that I should grant. In my judgment the appropriate relief, and the relief that I therefore grant, is by declaration as follows:

(i) In the proper exercise of its statutory discretion under section 37 of the Town Police Clauses Act 1847 a licensing authority is obliged to have regard (a) to whether the applicant intends that the hackney carriage if licensed will be used to ply for hire within the area of that authority, and (b) whether the applicant intends that the hackney carriage will be used (either entirely or predominantly) for private hire remotely from the area of that authority.

(ii) A licensing authority may in the proper exercise of its discretion under the said section 37 refuse to grant a licence in respect of a hackney carriage that is not intended to be used to ply for hire within its area and/or is intended to be used (either entirely or predominantly) for private hire remotely from the area of that authority.

(iii) In determining whether to grant a licence under the said section 37 a licensing authority may require an applicant to submit information pursuant to section 57 Local Government (Miscellaneous Provisions) Act 1976 in order to ascertain the intended usage of the vehicle.

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

Berwick wont be there anymore.

From memory, I understand this whole thing started because North Tyneside Council didnt consider East Europeans 'fit and proper' on the basis there CRB's werent good enough.

If Berwick had a knowledge test and a licensing officer that didnt bend over backwards to accomodate the 'remote' licensees the whole thing wouldnt have happened.

CC

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

And when the applicant states he will only use the vehicle for public hire in Berwick, what the do you think will hapen then? lol Do you expect Berwick to say we don't believe you and consider you not to be a fit and proper person?

What about those people who live in Scotland who don't drive a cab in England but just happen to own one and rent it out? Are councills suppossed to say sorry you can't have a license because you live in scotland?

What about vehicle transfers? Are licensing authorities going to go against current case law and refuse to transfer a vehicle license on the basis that the new owner lives miles from where the vehicle is licensed?

The licence attaches to the vehicle and not to the proprietor and, therefore, when the vehicle changes hands, the new owner is entitled to have his name and address entered on the licence and in the register: R v Weymouth Borough Council, ex p Teletax (Weymouth) Ltd [1947]

Do you think Berwick will state that it is unlawfull to use the vehicle as private hire outside of Berwick?

What about established case law that Councillors have an unfettered discretion to issue taxi licenses under the Town Police Clauses Act 1847 s 37: R (on the application of Johnson) v Reading Borough Council [2004] EWHC 765 (Admin), [2004] ACD 284.

And the fact that a district council has no power to impose further restrictions on a licence holder plying for trade where he has been issued with a licence in respect of a prescribed distance: R (on the application of Maud) v Castle Point Borough Council [2002] EWCA Civ 1526, [2003] LGR 47.

And section 16,

The grant of a licence for a vehicle may be refused for the purpose of limiting the number of hackney carriages in respect of which licences are granted, if, but only if, the person authorised to grant the licence is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet.

I could go on and on, and on, but the most telling part of this judgment is the fact this judge went out of his way to state any action was at the discretion of the local authority.

I just hope that Berwick run a test case by a magistrate in the next few weeks.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Bit by bit please.

Section 16 is IMO a 'no-brainer' because the license hasn't presumably been refused for the purposes of limiting numbers, its been refused for another reason.

Mind you I did mention section 16 to Sussex on the phone earlier and thought too it might be relevant. But further thinking would lead me to go back to stating the application wasn't refused on for the purposes of limiting numbers.

regards

CC

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

Perhaps the question should be phrased in a manner that accomodates this....I dont think anyone is stating applications should automatically be refused

CC

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

I dont see that as applicable.

CC

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

I think where sec 16 comes in is that the drivers wouldn't be prepared to spend 10s of 1000s of pounds for a plate and then go and work PH elsewhere.

But it would make SUD surveys interesting.

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IDFIMH

Good point, but the people with Berwick plates are doing PH in another area

CC

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

A number of areas merging into one , that will mean one licensing section, and one senior officer, the politics these people play.... somebody's CV will have lost it's shine..... but now... somebody else's will be glowing.... this is the perfect outcome.... now the fun starts..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

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