billybobs wrote:
Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal?
There are a number of licensing authorities that have "intended use policies". They are deemed to be legal because of the conclusions given by the judge in the high court case of Newcastle City Council v Berwick upon Tweed Borough Council (2008)
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.
So, it would seem that your local association know a bit about the law pertaining to the trade they represent.
No response from billybobs? Maybe he is to busy using his hackney on a PH circuit in a different area.
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