Brentwood Borough Council -v- Gladen; Admn 28-Oct-2004
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire vehicles in a controlled district without a current operator’s licence under section 55 of the 1976 Act contrary to section 46(1)(d) and (2). The council appealed by way of case stated dismissal of their prosecutions under the Act of Mr Gladen for providing pre-booked private hire. The prosecution claimed he needed a license as a private hire operator in addition to the license he had under the 1847 Act.
Held: The District Judge had been correct. Section 46(1)(d) is not breached where a licensed hackney carriage and a licensed hackney carriage driver is provided for the relevant conveyance of a passenger, albeit it is provided through an operator. In those circumstances, an operator’s licence under section 55 of the Act is not appropriate, since that section does not cover hackney carriages.
http://www.bailii.org/ew/cases/EWHC/Adm ... /2500.html