operator's license

simon · **Joined:** Sat Jan 05, 2013 4:26 pm **Posts:** 2

i have a problem i need help with please.

my friend operates a private hire taxi firm and has an operators license from his local authority area. however, he recently received a telephone call from a regular customer asking to pick him up from a different area. he sent a worker to pick the customer up but when he got there a licensing enforcement officer stopped him and told him he was operating in a controlled district for which neither he (the driver) or the actual firm were licensed and that the owner of the firm would be prosecuted

is this true? is he able to get prosecuted? im sure he isnt if it was a pre-booked? also, what is the law that governs private hire cab firms?

please help if you can

thanks

wannabeeahack · **Posted:** Sat Jan 05, 2013 10:02 pm

A Private Hire operator (not just an owner) can pickup anywhere IF ITS PREBOOKED (and recorded)

The LO in question was wrong

think about it, if the LO was right I could pickup here for BHX and drop but not take the return booking could I (Im not in Brum but BHX is)

no tips · **Posted:** Sun Jan 06, 2013 1:27 pm

What a load of b#ll'cks.. how do all the private hire firms across the country pick up at airports every day. pre booked you can pick up in any disstrict outside your LA.The job is hard enough as it is without boundry issues being put in place.

wannabeeahack · **Posted:** Sun Jan 06, 2013 2:40 pm

I hope the guy who got hassled got full details of the LO in question and his contact/office details, id go straight over his head to the council who employ him

Sussex · **Posted:** Sun Jan 06, 2013 6:32 pm

simon wrote:

my friend operates a private hire taxi firm and has an operators license from his local authority area. however, he recently received a telephone call from a regular customer asking to pick him up from a different area. he sent a worker to pick the customer up but when he got there a licensing enforcement officer stopped him and told him he was operating in a controlled district for which neither he (the driver) or the actual firm were licensed and that the owner of the firm would be prosecuted

is this true? is he able to get prosecuted? im sure he isnt if it was a pre-booked? also, what is the law that governs private hire cab firms?

Legally it doesn't matter where you pick up, or where you drop, or even where you go in between. What matters is where the booking was taken.

If the booking was taken in area A, for a job going to area B via area C, then providing the driver, the operator and the vehicle are all licensed in area A, it's 100 per cent legal.

If the vehicle was a licensed taxi, then it doesn't matter where the booking was taken, all 100 per cent legal.

I suggest your mate contacts the council concerned and recommends they buy a copy of Taxi Licensing Law by James Button.

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

wannabeeahack wrote:

(Im not in Brum but BHX is)

Is it?

simon · **Joined:** Sat Jan 05, 2013 4:26 pm **Posts:** 2

thats what i thought! is there any case law on a similar situation?

wannabeeahack · **Posted:** Mon Jan 07, 2013 4:37 pm

grandad wrote:

wannabeeahack wrote:

(Im not in Brum but BHX is)

Is it?

almost

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

wannabeeahack wrote:

grandad wrote:

wannabeeahack wrote:

(Im not in Brum but BHX is)

Is it?

almost

Tell that to Solihull. :mrgreen:

Sussex · **Posted:** Mon Jan 07, 2013 8:13 pm

simon wrote:

thats what i thought! is there any case law on a similar situation?

The main one is Dittah-v-Birmingham

viewtopic.php?t=4660

Murtagh-v-Bromsgrove is mentioned by JD here

viewtopic.php?t=4680

Shanks-v-North Tynside here

http://www.bailii.org/ew/cases/EWHC/Adm ... /1900.html

billybobs · **Joined:** Mon Apr 13, 2009 3:46 pm **Posts:** 175

Sussex wrote:

simon wrote:

my friend operates a private hire taxi firm and has an operators license from his local authority area. however, he recently received a telephone call from a regular customer asking to pick him up from a different area. he sent a worker to pick the customer up but when he got there a licensing enforcement officer stopped him and told him he was operating in a controlled district for which neither he (the driver) or the actual firm were licensed and that the owner of the firm would be prosecuted

is this true? is he able to get prosecuted? im sure he isnt if it was a pre-booked? also, what is the law that governs private hire cab firms?

Legally it doesn't matter where you pick up, or where you drop, or even where you go in between. What matters is where the booking was taken.

If the booking was taken in area A, for a job going to area B via area C, then providing the driver, the operator and the vehicle are all licensed in area A, it's 100 per cent legal.

If the vehicle was a licensed taxi, then it doesn't matter where the booking was taken, all 100 per cent legal.

I suggest your mate contacts the council concerned and recommends they buy a copy of Taxi Licensing Law by James Button.

Would that be the same James Button who cocked up the prosecution of a Bolton councillor a couple of years ago?

Sussex · **Posted:** Tue Jan 08, 2013 8:53 am

billybobs wrote:

Would that be the same James Button who cocked up the prosecution of a Bolton councillor a couple of years ago?

Quite possibly, but I've yet to come across a lawyer who wins every time.

Sussex · **Posted:** Tue Jan 08, 2013 8:55 am

simon wrote:

thats what i thought! is there any case law on a similar situation?

It might also be worth reading Chapter 10 of the LC report. Or suggesting the council does.

http://lawcommission.justice.gov.uk/doc ... rvices.pdf

billybobs · **Joined:** Mon Apr 13, 2009 3:46 pm **Posts:** 175

Sussex wrote:

billybobs wrote:

Would that be the same James Button who cocked up the prosecution of a Bolton councillor a couple of years ago?

Quite possibly, but I've yet to come across a lawyer who wins every time.

The problem is they get paid all the time, even when they make a mess of a case that a 2 year old could have handled.

Sussex · **Posted:** Tue Jan 08, 2013 8:28 pm

billybobs wrote:

The problem is they get paid all the time, even when they make a mess of a case that a 2 year old could have handled.

I couldn't agree more, which is why I never suggest individuals go to court. :sad:

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