References: Unreported, 16 October 2000
Coram: Maurice Kay J
Ratio: It was submitted that the schemes relating to hackney carriages and private hire vehicles were two distinct schemes, and that the issues in that case had arisen because the Council had fallen into the trap of seeking to apply private hire statutory provisions to a hackney carriage situation.
Held: The court agreed and added that the Council might be able to require persons in the position of the applicant in that case, who was licensed under the 1847 Act, to provide information in advance about who would act as a substitute driver in a case of need, and further requiring him or anyone else driving the vehicle to keep a contemporaneous record of who drove which vehicle on what day.
This case is cited by:
- Cited – Brentwood Borough Council v Gladen Admn (Bailii, [2004] EWHC 2500 (Admin), Times 01-Nov-04, [2005] RTR 12)
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire . .
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 16-Jun-17
Ref: 219864
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