NEWCASTLE-U-LYME:
ROUND THE COUNCILS WOKING:
‘IMPROPER’ PROSECUTION COSTS TO PAY
Newcastle-under-Lyme BC has been ordered to pay costs over an ‘improper’ private prosecution of a taxi company owner. The defendant was the co-owner of Lucky Seven Taxis, operating in the Midlands, which had applied for new operating licences after the death of a co-owner in late 2021. The business did not realise that the licence granted by Newcastle-under-Lyme BC lasted for six months - rather than five years - until the afternoon it was due to expire. The company made arrangements to run its Newcastle business by allocating bookings to licensed hackney carriages and sub-contracting bookings through another of its entities, based in Stoke on Trent, to other Lucky Seven entities or a separate Newcastle-licensed operator, meaning it was compliant with the Local Government (Miscellaneous Provisions) Act 1976. Matt Lewin of Cornerstone Barristers, who represented the defendant, wrote: “Crucially, at all times, the business had operated from a single premises – the address of which was specified in their Newcastle operator’s licence – over the border in the administrative area of Stoke-on-Trent. “Newcastle-under-Lyme Borough Council took the view that this arrangement was unlawful and amounted to operating without an operator’s licence, in breach of sections 46 and 55 of the 1976 Act. A prosecution was commenced in October 2022.” The prosecution was adjourned three times due to lack of court time over two-and-a-half years and was finally listed for a fourth time this week at Cannock Magistrates’ Court, where the council offered no evidence. Lewin added: “On the morning of the trial, the council belatedly conceded that it could not prove its case that the defendant had been operating in its own district,
given that all of the antecedent
arrangements for the dispatch of vehicles had taken place in a neighbouring controlled district.” Exceptionally, the court granted the defendant’s application under section 19 Prosecution of Offences Act 1985 for an award of costs against the council, which is reserved for cases where one party to a prosecution has incurred costs ‘as a result of an unnecessary or improper act or omission’ by another party to the proceedings.
28 TAXI LICENSING REVAMP
Woking BC has announced a raft of changes to its taxi licensing services, set to roll out progressively, with key updates taking effect from April 2025. The council aims to modernise the system, focusing on environmental sustainability, improved accessibility and streamlined processes for drivers and passengers. A significant push for greener transportation will see all wheelchair accessible taxis mandated to become ultra-low emission vehicles (ULEVs) or fully electric by March 31, 2026. This initiative follows existing regulations that require hackney carriages to be under five years old and emit no more than 75g/km of CO2, and private hire vehicles to have a 5-star NCAP safety rating and meet Euro 6 emission standards. The council also maintains an age limit for licensed vehicles, generally 12 years, with wheelchair accessible taxis allowed to operate up to 15 years. Accessibility is another key focus. The council plans to prominently feature wheelchair accessible vehicles on its website, allowing residents to easily identify and access these services. Drivers with compliant vehicles are encouraged to contact the council to have their details published online, with their consent. To qualify for promotion, the vehicle must be new and comply with the Disability Discrimination Act. The council is also overhauling its online presence, with revamped licensing webpages and enhanced online forms slated for launch. Recognising the current website’s navigational challenges, the council has partnered with digital experts to create a more user-friendly experience for drivers seeking information and completing applications. Finally, Woking BC has announced fee adjustments, effective from April 1, 2025. The new pricing structure includes: l Extra medical submission (£25) l Driver renewal for three years (£340) l Driver renewal for one year (for drivers aged 60+) plus medical submission (£173)
l Vehicle renewal (£250) l New operator/operator renewal (£370) l Knowledge check (£50) The council encourages drivers to stay informed of these changes to ensure compliance.
MARCH 2025 PHTM
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