The council decided after consultation and advice to issue licences for hackney carriages, removing the limit on the number of such licences, and allowing Hackney Carriages vehicles to pick up passengers from cab ranks. The taxi owners sought to challenge the decision by way of judicial review.
Held: The section allowed the council to restrict the number of licences, only if satisfied that there was no unmet need. The council had not taken into account any irrelevant or improper matter, and the review was refused. The imposition of restrictions on some licences would create a second class system, and the council was correct not to do this.
Judges:
Lords Justice Kennedy, Buxton and Keene
Citations:
Gazette 13-Mar-2003
Statutes:
Transport Act 1985 16, Town Police Clauses Act 1847
Jurisdiction:
England and Wales
Licensing, Road Traffic, Local Government
Updated: 28 April 2022; Ref: scu.177491