Recommended by High Court Judge.. Sir Christopher Symons Q.C. in http://www.bailii.org/ew/cases/EWHC/Admin/2008/2369.html
The paragraphs in question are
- If hackney carriages are working remote from their licensing authority a number of, at the least potentially, undesirable consequences follow. The licensing authority will not easily keep their licensed fleet under observation. It will be carrying out its enforcement powers from a distance. The licensing authority where the hackney carriage has chosen to operate will have no enforcement powers over the vehicle although it is being used in its area. Further, unlike its own licensed vehicles, the hackney carriage from remote areas will not be subject to the same conditions and byelaws as the local vehicles. It is no surprise that the legislation provides for testing and testing centres to be within the licensing authority’s area.
25 .It seems to me that it must be desirable for an authority issuing licences to hackney carriage to be able to restrict the issuing of those licences to proprietors and drivers which are intending to ply for hire in that authority’s area. Similarly it must be desirable to be able to refuse to issue licences to proprietors and drivers who do not intend to ply for hire, to a material extent, in the area of the licence grantor.
So what will Rossendale council possibly do if the proposal becomes live?
Rossendale Licensing will/may consider asking all drivers’ to sign a contract saying they will work in the Rossendale area when they renew.
A renewal is considered a grant under the Local Government Miscellaneous 1976 Act {LGMPA} After the renewal any vehicle found working continuously outside Rossendale, the proprietor will/ may be in breach of conditions he signed for and his license will be revoked.
Will Rossendale council request taxi drivers to fit a black box at the owner’s expense?
Or
Will Rossendale Licensing officers work with Greater Manchester Councils to identify those Rossendale taxi drivers who work for Private hire operators in places like Salford and in Manchester?, who by law have to keep accurate records of which drivers and vehicles that are working for them?
We expect the latter!