LORD JUSTICE KENNEDY SAID THE FOLLOWING:- “The facts of this case make it clear that in fairness to private hire opera- tors, the provisions of this statute should be reconsidered by the legislature as a matter of some urgency.
PREVIOUS CASE LAWS In 1999 it is absurd that a
licensed operator who operates in the area of one district council in a large conurbation commits an offence if he installs a small sub-office, or perhaps even a dedicated telephone line, in an area controlled by an adjoining district council because he therefore makes provision for the invitation of bookings in the second area. To keep within the law he must then obtain a whole series of fresh licences – operator licence, vehicle licences, driver licences – for the second area. “This cannot be what Parliament originally envisaged. As the cost of licences varies, we understand, from one district to another, it is not easy to see precisely how the problem should be resolved. But clearly if oper- ators, their drivers and cars are properly licensed in respect of one area which is responsible for overseeing their activities, they should not have to be re-licensed elsewhere. The problem is to some extent the result of improved technology since the statute was passed. But the law needs to reflect the current state of technology and not be 23 years behind it.”
Well, we are now 34 years behind it. And whilst private hire may indeed be restricted to one area, it can now destroy that position by running hack- ney carriages from any number of areas. Remember also: the courts have found that if you are hackney carriage only, you don’t even need an operator licence. So that could cause even more problems.
It’s simple, folks: we all have to go off to Parliament and say, “Will you please sort this mess out.” As you can see from the list of case law, there is a certain amount of evidence about the problems caused, but we need more up to date evidence on what is actually happening today, and where it is happening. So readers, I will ask you if you have cross-border activ- ity occurring in your area, will you please get in touch with the Association, with your unions, or anybody else who represents you, so that we can give evidence to the Government that this situation is getting out of hand.
Then perhaps we can persuade them to take action. I’m sure it won’t hap- pen overnight, but frankly we need to move very quickly... because following the Stockton decision, the door has not just been open; it’s been kicked flat. So let’s have your input.
Until next time, it’s a very strong sayonara
Brittain –v– ABC Cabs Camberley Ltd . . . . . . .1981 Young –v– Scampion . . . . . . . . . . . . . . . . . . . .1988 Pitts –v– Lewis . . . . . . . . . . . . . . . . . . . . . . . . .1989
Dittah and Choudhry –v– Birmingham City Council . . . . . . . . . . . . . . .1992 Liverpool –v– Seaforth Radio Cars . . . . . . . . .1992
Royal Borough Windsor & Maidenhead –v– Top Cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1993 Adur –v– Fry . . . . . . . . . . . . . . . . . . . . . . . . . . .1995 Fry –v– Adur . . . . . . . . . . . . . . . . . . . . . . . . . . .1995 East Staffordshire –v– Rendell . . . . . . . . . . . .1995 Hull –v– Wilson . . . . . . . . . . . . . . . . . . . . . . . . .1995 Benson –v– Boyce . . . . . . . . . . . . . . . . . . . . . .1997 Bromsgrove –v– Powers . . . . . . . . . . . . . . . . .1998 Reading –v– Ahmed . . . . . . . . . . . . . . . . . . . . .1998 Bromsgrove –v– Murtagh . . . . . . . . . . . . . . . . .1999 Middlesbrough –v– Rose . . . . . . . . . . . . . . . . .1999 Shanks –v– North Tyneside . . . . . . . . . . . . . . .2001 Shanks –v– North Tyneside . . . . . . . . . . . . . . .2003 Brentwood –v– Gladen . . . . . . . . . . . . . . . . . . .2004 Newcastle –v– Berwick . . . . . . . . . . . . . . . . . . .2007 Wrexham –v– Whalley and Higgins . . . . . . . . .2008 Stockton –v– Fidler and Others . . . . . . . . . . . .2010
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