Facts Not Fiction

The Following is a comment by ‘The Keeper’ I thought it should have a more prominent position on this page:

I decided after reading “toppers” comments that perhaps a little history of the “facts” not “fiction” was required on this matter & bring the Judgement Decision for all to read.

On Thursday 28th October 2004, an appeal of a previous decision was held with 2 Justices sitting to hear the appeal.
Mr Justice Collins & Mr Justice Silber, sat in Court to decide, the case of Brentwood Borough Council verses Andrew Ernest Gladen.
The case involved Andrew Ernest Gladen operating Brentwood Borough Council Licensed Hackney Carriages “Plying for Hire” Taxi Vehicles under “The Taxi Code” within Brentwood Borough Council, the “Appropriate Licensing Authority” area, without a Section 55 “Hire Car Code” Operator Licence, that had adopted the Local Government (Miscellaneous Provision) Act 1976 to accept bookings within that “Appropriate Licensing Authority” area.

Verdict;
Minute 35: The district judge posed this question for the opinion of the High Court;

“Whether it is necessary to hold a licence under section 55 of the Local Government(Miscellaneous Provisions)Act 1976, in an area where that Act is in force; to operate a hackney carriage duly licensed as such under the Town Police Clauses Act 1847 as a private hire vehicle.”

Minute 36: The answer to that question is; NO. Accordingly, I would dismiss this appeal.

Minute 37: MR JUSTICE SIBLER: I agree that this appeal must be dismissed.

This decision in the High Court decided if a Hackney Carriage Taxi Licensed under the “Taxi Code”, where there is also a “Hire Car Code” in operation under the 1976 Act, that the Section 55 “Hire Car Code” Operator Licence was not required to accept hirings for the “Appropriate Licensing Authority” hackney carriage “Taxi Code” vehicles whilst working in there own “Appropriate Licensing Authority” Area Boundaries. (Brentwood Hackney Carriage Licences in Brentwood Borough Council Area only)

Unfortunately the North Tyneside Taxi Organisation (Mr Alan Fidler) Eastcoast Taxis Owner (Mr Paul Irwin) & Blueline Taxis (Mr Ian Shanks) decided that this decision meant a Hackney Carriage Licensed anywhere, could operate hirings anywhere, probably because (Section 67; of the 1976 Act states hackney carriages used for private hire).
So they set about writing in the Eastcoast,Blueline & NTTO Newsletters in 2006/2007 of these operations & organisation. Where they have repeatedly stated they believe what they are doing is all legal, all other operators probably decided well if they are doing it, we are going to do it to, creating the mess we now have in the North East, probably because it is another revenue generator for them & drivers of these vehicles think there is no laws to control them.
Ian Shanks is the only person that I have mentioned above, to have said to me since, he regrets the way things have turned out, as that was not the way he expected things to turnout.(not that he has stopped using out of town hackney carriages though)

A Court Case now appears to be necessary to sort out this mess created by the above people with the assistance of Licensing Officers in other areas.(Newcastle verses Berwick-upon-Tweed apparently)

“Appropriate Licensing Authority” means the Brentwood Borough Council verses Andrew Ernest Gladen decision that is relied so much upon, does not allow anything but;
“Taxi Code” Hackney Carriages “Plying for Hire” within their “Appropriate Licensing Authority” Areas can operate hirings for “Hire Car Code” Section 55 Operator Licence Holders in the same as there own “Appropriate Licensing Authority” Only, without the need for the Hackney Carriage to hold a Section 55 Operator Licence applicable under the 1976 Act, as this case decision states.

Trying to keep things Factual not Fictional & if you do not believe me then get a copy of the Brentwood Borough Council verses Andrew Ernest Gladen, then read it for yourself!

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