The grant to an individual of a hackney licence in one local authority, does not stop the grant of a similar licence elsewhere. Though the court applied the ABC case, Buxton J rejected an argument that a vehicle was not a private hire vehicle for the purposes of section 46(1)(b) as it was a ‘hackney carriage’ and thus fell outside the definition of ‘private hire vehicle’ in section 80: ‘That amounts to saying that once the vehicle is licensed anywhere as a hackney carriage, that precludes the application, in respect of that vehicle, of any part of Section 46 of this act anywhere else in this country. Thus, if Mr. Wilson had driven his vehicle in other respects not in conformity with Section 46 in Truro or Newcastle Upon Tyne, the fact that it had been licensed in Beverley as a hackney carriage would preclude the application, by any local authority, of section 46(2) . . for my part, I cannot accept that this Act intends it to be the case that in every case where a hackney carriage vehicle exists it follows thereafter that the vehicle so licensed cannot be susceptible to the rules applying to private hire vehicles . . it cannot, in my view, be the case that simply to licence a vehicle as a hackney carriage thereby makes that vehicle a hackney carriage for all time, even if it is functioning as a private hire vehicle. In my judgment, therefore, it is not enough that a hackney carriage licence exists to establish that this vehicle was a hackney carriage as that term is used in the definition of a ‘private hire vehicle’ in section 80 of the 1976 Act.’
Judges:
Buxton J
Citations:
Times 25-Jul-1995, CO 1249-95
Statutes:
Local Government (Miscellaneous Provisions) Act 1976
Citing:
Applied – Britain v ABC Cabs (Camberley) Ltd QBD 1981
A hackney carriage had been booked, in the district where it was licensed, to pick up a fare in another district. The prosecutor said that when and where the fare was picked up the hackney carriage had no relevant private hire licence and no . .
Cited by:
Cited – Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others Admn 5-Nov-2008
The applicant council complained that the respondent council was issuing a disproportionately high number of taxi licences, believing that it should only refuse a licence where the driver appeared to be unfit.
Held: The purpose of the . .
Lists of cited by and citing cases may be incomplete.
Licensing, Road Traffic
Updated: 09 April 2022; Ref: scu.82795
