Taxi Driver Online

Only the courts will decide that, although the Berwick Judge did indicate they could.

Also I doubt councils would add a box to their application process if they hasn't taken legal advice, even at a local level.

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IDFIMH

Er, is this the same Mr Sussex who's very often declaring council policies illegal?

And I always thought the Berwick judgement looked a bit ropey at the time, and in effect overruled by Fidler?

Yes.


I think the Fiddler judgement was saying what a council that doesn't license a vehicle can or can't do, whereas the Berwick one was about what a council that does license a vehicle can and can't do.

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IDFIMH

Fair point, but I certainly didn't find the reasoning in the Berwick case compelling, but then again I'm not a lawyer.

But that's the problem with these legal cases - a judgement twenty-four pages long and it still doesn't address the central issue in my opinion.

And in any case it all comes down to the LA's approach to the topic.

I mean, applying your/the Berwick case's reasoning to PHVs, presumably Sefton could stop Delta operating in Liverpool if it so wished?

DELTA does not operate in Liverpool.

CC

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

Come again?

DELTA operates in Sefton.

CC

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

The plot thickens,while reading the Mansfield web site it would appear that Mansfield is granting ops licenses upto 5 miles from its borders?.i have also been told that bolsover is giving ops licenses to Mansfield based companys to operate bolsover private hires from there bases in Mansfield.

It's got a licence to operate in Sefton from Sefton Borough Council, which allows it to operate in Liverpool, innit?

Anway, even if you want to nitpick that, you knew exactly what I meant.

They accept bookings from all over.....doesnt mean they have to be licensed there.

CC

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

Yes, I had worked that bit out. In fact it was the essence of my initial point, which you clearly missed.

which was?

CC

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

If you can't be bothered reading the bit you missed again then I'm hardly likely to do it for you

Yeah ok.

CC

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

So what's the verdict then - is the judicial reasoning (regarding HC) used in the Berwick case in conflict with the judicial reasoning (regarding PH) that allows the likes of Delta to effectively operate anywhere?