CROSS-BORDER HIRING:
A BRIEF HISTORY OF THE LOCAL GOVERNMENT AND HOW IT IS
Cross-border hiring is an extremely contentious issue with varying views across our trade. We conclude our in-depth analysis of this hot topic, which was written and re- searched over six years by Mark Jennings (L) & Lee Ward
(R), who are two very proactive and knowledgeable members of the private hire and taxi industry.
PART 3 THE BOOK: BUTTON ON TAXIS
We have noticed that some councils have said that they get their legal opinion through the Local Government Authority (LGA), in turn we suspect that the LGA is turning to the Institute of Licensing (IoL), a registered charity (Charity number 1117942), for their legal opinion, and filtering the answers back to local councils.
Interestingly, the President of the IoL is James Button, who wrote the big book, you will find at most council enforcement officers’ right hands, Button on Taxis.
In this book, the 4th Edition, Section 46(1)(d), the offence of operating in an area for which you are not licensed, is only mentioned seven times, and not once in relation to any private hire cases.
Not bad going for a book that has 1,576 pages. It also tells how Mr Philip Kolvin QC, (page 194 chapter 6.7) defended the question of adoption of the 76 Act in the Aylesbury vs Call a Cab case, as mentioned in last month’s issue.
6
This case involved two questions, the second question being: “Whether, having concluded that those requirements were not satisfied, I was obliged to dismiss the prosecution?” Mr Justice Ousley.
In other words, had the council done enough to adopt the Act, and if so, would the conviction for operating in Aylesbury illegally be dismissed? The answer came back a resounding “No”. Meaning, as explained before the conviction stood.
However, none of this is mentioned anywhere in Mr Button’s book.
Further, Mr Kolvin wrote the foreword in the latest edition of Mr Button’s book and is also a Patron of the IoL. As to their friendship status, one can only speculate.
It does raise important questions. Why does this book, which appears time and time again in every licensing authority in which we come into contact, not show this important part of the case? And why is section 46(1)(d) mentioned so little, when it is probably the most important part of the 76 Act?
After all, there have been four editions of this book, surely it should be in there by now.
THE BIT THE LAWYERS NEED TO READ
Let us elaborate a little on the meaning of ‘abundance of caution’ and perhaps this small yet overlooked part of the 76 Act will fall into place.
The phrase ‘abundance of caution’ contains two layers of CYA (Cover Your Arse):
1. The authorities resort to unusually sweeping measures to protect against a threat that might be rather remote, since the political con- sequences of not having done so, should the threat eventuate, are enormous;
MAY 2022
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96
