Making licence application before vehicle bought - Case law

Paisley Buddie · **Posted:** Mon Jan 04, 2016 10:33 am

Hi guys. Does anyone know the case law that states a vehicle is not required to be purchased when making a taxi licence application? Thanks!

Chris the Fish · **Posted:** Mon Jan 04, 2016 10:54 am

I know the case law that states that it must be "presented", so, de-facto, any un-purchased vehicles may not be licenced.

This of course, would appear to be exactly what you don't want.

I do not know any case law that says what you want I'm afraid.

Chris the Fish · **Posted:** Mon Jan 04, 2016 10:55 am

Might be different in Scotland though. Didn't look at your location until I posted the above.

Sussex · **Posted:** Mon Jan 04, 2016 10:57 am

Paisley Buddie wrote:

Hi guys. Does anyone know the case law that states a vehicle is not required to be purchased when making a taxi licence application? Thanks!

Not sure there is.

I understand why you would wish to see if you will get a license before you buy a motor to attach it to, but I have sympathy with councils that say we can only issue a license to an actual vehicle, not a mythical one.

The Wirral v Kelly case went on for about 10 years, and I've forgot how that ended now. Maybe the Captain can save me getting the big books out when I get home.

Paisley Buddie · **Posted:** Mon Jan 04, 2016 11:36 am

Chris the Fish wrote:

Might be different in Scotland though. Didn't look at your location until I posted the above.

Glasgow City Council allow prospective licencees to state that when the vehicle has yet to be purchased the vehicle to be used will confirm with the council's requirements.

https://www.glasgow.gov.uk/index.aspx?articleid=5543

http://www.docspal.com/viewer?id=uqbeqbbr-9032828

Paisley Buddie · **Posted:** Mon Jan 04, 2016 11:38 am

Sussex wrote:

Paisley Buddie wrote:

Hi guys. Does anyone know the case law that states a vehicle is not required to be purchased when making a taxi licence application? Thanks!

Not sure there is.

I understand why you would wish to see if you will get a license before you buy a motor to attach it to, but I have sympathy with councils that say we can only issue a license to an actual vehicle, not a mythical one.

The Wirral v Kelly case went on for about 10 years, and I've forgot how that ended now. Maybe the Captain can save me getting the big books out when I get home.

I remember either myself or someone else asking about this years ago, I'll do a site search.

Paisley Buddie · **Posted:** Mon Jan 04, 2016 12:02 pm

Paisley Buddie wrote:

Sussex wrote:

Paisley Buddie wrote:

Hi guys. Does anyone know the case law that states a vehicle is not required to be purchased when making a taxi licence application? Thanks!

Not sure there is.

I understand why you would wish to see if you will get a license before you buy a motor to attach it to, but I have sympathy with councils that say we can only issue a license to an actual vehicle, not a mythical one.

The Wirral v Kelly case went on for about 10 years, and I've forgot how that ended now. Maybe the Captain can save me getting the big books out when I get home.

I remember either myself or someone else asking about this years ago, I'll do a site search.

I found my post from years back, will have a read:

http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=1683

Sussex · **Posted:** Mon Jan 04, 2016 10:00 pm

Paisley Buddie wrote:

I found my post from years back, will have a read:

http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=1683

The wonders of the internet, and TDO.

captain cab · **Posted:** Mon Jan 04, 2016 11:35 pm

wasnt there a case from Plymouth?

ahh spotted the like!

dear old JD - fountain of knowledge that chap RIP

Chris the Fish · **Posted:** Tue Jan 05, 2016 2:03 am

captain cab wrote:

wasnt there a case from Plymouth?

ahh spotted the like!

dear old JD - fountain of knowledge that chap RIP

I did say I knew the case law for the opposite opinion - I don't know of any supporting the requirement of the original question in the thread.

Sussex · **Posted:** Tue Jan 05, 2016 11:10 am

captain cab wrote:

wasnt there a case from Plymouth?

Mr Preece of TaxiFast I believe.

He applied for loads of plates, but the court said he needed to present the vehicles to the council first.

Chris the Fish · **Posted:** Tue Jan 05, 2016 2:46 pm

Spot on.

He got the one he had presented, he didn't get the rest.

Nidge2 · **Posted:** Tue Jan 05, 2016 6:39 pm

The Council should have a list of Vehicles they approve.

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

Nidge2 wrote:

The Council should have a list of Vehicles they approve.

They still have to be presented for inspection before an individual vehicle can be plated.

Paisley Buddie · **Posted:** Tue Jan 05, 2016 7:33 pm

Sussex wrote:

Paisley Buddie wrote:

I found my post from years back, will have a read:

http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=1683

The wonders of the internet, and TDO.

Indeed! A big thanks to your site TDO.

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Making licence application before vehicle bought - Case law

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