wannabeeahack wrote:
The matter of hacks working (albeit as PH only via a base) in a LA they are not plated for
Rossendale have tried (are trying) to add a caveat that whoever they licence should "work predominantly in the area (Rossendale)" and would have to declare such on applications and renewals, fibbing meaning they would not be "fit and proper" I assume.
question, would this be a requirement for driver or vehicle licences or both?
Firstly this requirement is not a condition of a licence. It is a "question", preceding the grant of a licence, to establish where a hackney carriage is, predominantly, going to be working. The judge, summing up in the Newcastle v Berwick case, made it clear that this was a question that a licensing authority had a right to ask; giving a right to consider refusal of the licence if the hackney was to be used predominantly outside of the licensing district.
The "question" is now used by a number of licensing authorities whose licensed hackneys have historically been used as private hire up and down the country. I believe, also, that the question has been challenged in at least one area and held to be lawful. I'm prepared to be shot down on that belief if I'm wrong.