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A judge has told Berwick Council to rethink its policy on taxi licences after Tyneside cabbies protested over an influx of rival operators.
Newcastle City Council brought the High Court case, complaining Berwick Council was issuing hundreds of licences which could be used anywhere in the UK.
The town has 672 licensed Hackney carriages, one for every 40 residents.
Berwick Council has now been advised by the court that is should only license taxis intending to operate locally.
The court heard the streets of Newcastle were flooded with Berwick-licensed taxis doing private hire work.
‘Local in character’
The border town’s cheaper and easier regime had seen a rapid increase from just 46 licensed Hackney carriages in April 2006, the judge was told.
The court heard Berwick licensed cabs were common in town’s across the North East and some drivers lived as far afield as the West Midlands, Wales, Liverpool, and Surrey.
Judge Christopher Symons QC rejected Berwick Council’s arguments that it is obliged by law to issue a Hackney carriage license to any applicant, so long as they and their vehicle are “fit”.
He said the taxi-licensing regime, which dates back to 1847, was designed to protect the public and was essentially “local in character”.
He said: “The licensing system should operate in such a way that the authority licensing Hackney carriages is the authority for the area in which those vehicles are generally used.”
“If the Hackney carriages are used in areas remote from Berwick, enforcement will be very difficult and impracticable.”
Judge Symons said his ruling would remain at the authority’s discretion.
A spokesman for Newcastle City Council said it was “delighted” with the outcome of the case.
Berwick Council said it was now preparing a new policy in light of the ruling.
Source: http://news.bbc.co.uk/1/hi/england/tyne/7711503.stm
Possibly Related Posts:
- Consultation:Conditions of Licence for NT PH Operators & Drivers
- North Tyneside Consultation on HC & PH Policy
- Doing The Job of Taxi Enforcement!
- Northumberland Taxi Licensing
- Out of Town Plates, What’s the Crack?
{ 79 comments… read them below or add one }
A Central driver phoned Berwick today to ask about applying for a Plate.he was told "call us back we're busy trying to find a way around the ruling!"
the way i see it is that the plate issued before the judgment have no change on them ! its only new plates that are be issued that will have the condition applied to them !!
anyway is anyone answering the question ??
if a gateshead car can come across the bridge into Newcastle and vice versa to do private hire work and north tyneside cars can cross the border to do private hire work in Newcastle and vice versa
would it not be correct that a northumberland car can cross the border into Newcastle and vice versa as we will all be neighbouring authority’s ?
The reason that the Berwick plated cars are still in Newcastle,is very simple,they all know what the legitimate Newcastle drivers have known for years,Newcastle City Council couldn`t give a `….k about the taxi`s in town,and the only time they will do something,is when some innocent member of the public is either injured,assaulted or hopefully not worse.
This whole sorry state of affairs has come about because of NON ENFORCEMENT of the LAW,by those who should know better.
As Judge Symonns QC has stated,it is for local government to enforce their own bylaws,traffic laws and license conditions,NOT the high court.
Other areas do it…so why can`t Newcastle, is it a case of can`t,OR WON`T act.
Come on MR Savage,or Mr O`Brien,in fact Mr O`Brien along with a police officer,at our last meeting in town,told us all they were going to carry out `covert and overt` stings against these rogues….2 weekends….was that it!!!
Law enforcement is a 24hr,7 day a week,52 weeks a year job…messers Savage/O`Brien.
To finish…..a message to ENFORCEMENT…..please don`t piss us about gentlemen,alot of drivers,operators stand to loose their business if YOU don`t deal with this….You know what happens when an animal is trapped with its back to a wall……WE WILL TAKE ACTION….AGAIN….be warned….No threats gentlemem…..
In my eyes ian shanks had mr savage backfiring,and it will all come out in the wash!
All i will say is keep your eyes peeled on the wrexham case!
Good luck to whoever needs it!!!!!!!!
IMO Mr Savage came across as a typical jumped up council employee, refusing to acknowledge that the judgement was not “cut and dry” and judging by the lack for response to the Berwick drivers still working in the area, only backs up that its not the clear victory he is claiming because he’d be out there himself enforcing.
As for Alan Newton, I was part of the NTC policy review and the issue of Berwick cars was raised, to which his response was “there is no point us as a council doing anything as Newcastle are sorting it out”
If Newcastle are still claiming victory?????
Can we see some signs of this victory, ie chase all those Flimpers back to Berwick that work at A-Line!! (Newcastle), do you agree Andy Warhol?
All this victory parade, and the bandits are still at large!!!
I think Mr Savage should have had three Shredded Wheat before he went on Radio, A Red Bull or some strong Coffee!!, he reminded me of Commical Ali, from the last Gulf War, claiming victory when the enemy (Americans) were accross the road in Baghdad!
NOW NEWCASTLE IT’S BEEN A SLOW WEEK, CHRISTMAS IS COMING, GET YOUR FINGERS OUT OF YOUR ANAL AREA AND GET DOWN THEM OFFICES AND GET THE BOYS FROM BERWICK SORTED???..that’s if you did actually win!
NO POINT IN ASKING THE SWEENEY……..ALAN NEWTON(NORTH TYNESIDE COUNCIL) IS THERE?? ….actually he looks a bit like John Thaw!
Regards to you all
Stephen
- However it would seem to me to be difficult for any local authority to justify exercising their discretion by granting a hackney carriage licence to an applicant when the authority knows that the applicant has no intention of using that licence to ply for hire in its area
- I consider that it would be perfectly proper to seek such information to ensure that Berwick’s hackney carriages are intended to be used in their area and thus any enforcement powers can be exercised locally
ps Berwick Hack & Proud, have a good christmas watching the tele, while the rest of us will be out working!
- 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.
- Further the 1847 Act provides for licences to be granted for hackney carriages to ply for hire within the prescribed distance (i.e. within the area of the licensing authority).
- Having regard to the policy and objects of the Act in my judgment Berwick in exercising its discretion under section 37 of the 1847 Act should take into account where the hackney carriage will be used.
- On one view what happens to hackney carriages owned, kept and used outside the Borough are really not Berwick’s concern but the concern of the area where they are operating.
- In my judgment a local authority, properly directing itself, is entitled, and indeed obliged, to have regard to whether the applicant intends to use the licence to operate a hackney carriage in that authority’s area and also to have regard to whether in fact the applicant intends to use that hackney carriage predominantly, or entirely, remotely from the authority’s area
Pround Berwick Hack, so nothing has changed eh?
just what part of the judges comments regarding section 97 did you not understand?
heres a few of the judges quotes;
- 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
- It seems to me that it must be desirable for an authority issuing licences to hackney carriage to be able to restrict the suing of those licences to proprietors and drivers which are intending to ply for hire in that authority’s area
Well Mr Shanks is right again!!!
he stated on a early comment that their will be the same number of Cars next year on the road!, Hmmmm, I thought at the time!
However on Thursday gone their was three Berwick Hacks that I know at Large working at three separate Coastal offices, I won’t mention them, but the Drivers have had a makeover at the weekend, they now have Cars with “North Tyneside plates on”,OOOOOH, one has done really well passing that defunct locality Test when he can’t speak English, can barely manage to write out a reciept!!!!….well done to the Man!
Strange outcome when so many Locals fail it!!!!
I am mythed!!
Regards
Stephen
Well Said Stephen! “Proud Berwick Hack Driver” you’re just bored with nothing else to do! (Or you soon won’t have) – Your a wind up merchant! Or should I say “Sad Act.”
Another interesting user name “PROUD BERWICK HACK DRIVER”!
It appears since Thursday that people that work out of Town are standing up and defending themselves???, is’nt it a little too late really, I know Newcastle have not clearly achieved anything, but could’nt the Berwick Boys, all the PH formed a association, or even just had a Website like this for them to stick on PRO – Berwick, Derwentside and all PH topics??, instead for the last two years they have just worked in the shadows unless their were some canny flimp jobs out their, I know I stir, but often I have made a point that Berwick Drivers ARE Police checked, it’s going to end up like that saying “shutting the stable door when the Horse has bolted”, Saturday night in Town next to Mushroom a Berwick Driver was holding his own with a right ding dong with two Toon hacks, I did,nt need to rush home to watch Setanta’s Calzaghi fight!!, normally he would have just beeped them back and drove off!!!
So PROUD BERWICK DRIVER, I think it’s you Guys that have your Knickers in a twist!!!….and it may be too late….well according to Mr Savage!!
Stephen
After reading all of the above it looks like a lot of people have got there knickers in a twist.
Read the facts, the judge has left it to the discretion of Berwick council to decide who they issue plates to.
Nothing has changed.
CJS – 9O percent spot on! But why would Northumberland CC refuse to re-license Berwick Cars, – as theres a right of appeal at the Mag Courts? and what grounds would they have to refuse? – as historically the driver and car have already been licensed? – All 700 of them!
The fact that Berwick B.C. got it wrong, does that mean the proprietor’s have to pay for Berwick B.C. mistake?
Would you therefore agree with the Wrexham Case:- prosecute offenders if they continue:- No Drivers current lic or Car Lic Plus No Insuance, and also the Operator for using the above – 1976 Act section 46 1(e)?
Stamper. I didn’t say you ‘were’ mouthing for a big player, I said don’t allow yourself to be the Big players mouthpiece!Of course you can voice the facts like everyone else on here including me and the fact is:Berwick Council Have accepted the Judgement and are on the record saying they are changing their policy.Berwick will have no say in the matter soon so why would they appeal,there will be no Berwick Council to lodge an appeal. Northumberland CC certainly won’t.Everybody secretly knew that Taxis from 60 Miles away couldn’t possibly work legally here as there was no way to enforce them. If the law is going to allow that then why have enforcement at all…for anybody. If that was the case eventually you would have every man and his dog driving the wifes Micra out on a weekend looking for fares. There has to be a legal structure to Taxi & Private Hire operations, for the benefit of you,me and the fare paying passenger. If things slide it soon becomes a freeforall and I can’t believe anyone wants that.
CJS – you say I’m mouthing for a big player – and not entitled to voice the facts? the fact they can still appeal?
k9 you just proved you don’t really know what you are talking about.
The person who is now,and has been known for years,as big boots,is somebody totally different.We were having a bit of a joke between ourselves(or so I thought).But unfortunately,someone has took it upon themselves to hide behind his name to come on this site.
I know that everyone knows who I am.I have even displayed my name on the back of my car!
You forgot to point out aswell that,apart from the Laguna,I also drove about in a clapped out 406!But they didn’t belong to me.The Superb I drive about in now does though!
yt.thought that kid with the big mouth and clapped out cab got crashed into by a police vehicle?people in glass houses shouldnt throw stones it wasnt that long ago you drove about in a clapped out laguna!!
Big boots! you think you know me better than you do! I’ve been a taxi driver since 1983!
Anyway,I keep trying to get onto McD rank,but there’s always some mouthy tw*t in a clapped out Scudo sat there!!
Admin….in view of the speed Mr Button’s views are being found to be incorrect do you think that book should be placed in the fiction section?
CC
he proberbly worked the ranks like some others do because they get led to believe the streets are paved with gold when in fact as you have said it can be bloody hard work for you lads.
Big Boobs/Boots whatever!
Let me update you, my Berwick badge expired last week, and I have not renewed it because it was obvious that the Toon would pull something off, secondly I no longer Drive a Doblo, thirdly, I have been in and out of this game for 14 years, that may be nowt to you, but it’s longer than 2 minutes!!!!.
The W reg Mondeo used to be my own with a NT Plate on, so I don’t want it back thanks, and the Fiat Multipla is out to a full-time Driver.
If Mr Shanks can take a dig then so can you whoever you are!, I hate saying this to you, but I like the comment about Mainline Taxis or shall I say “Buy me out later Taxis”, but for the record I think the Hacks are leaving…it must have been Rent time!
Calm down my friend, I take it you must be a School runner then???..to go on like this!
Regards
Stephen
I am not having a dig at BLT, but i would like to know why a BLT Doblo North Tyneside Hack works Tynemouth on a Friday night ? said vehicle was there tonight, and it was one of the worst nights i have known, crap sums it up. From previous comments, said BLT Doblo would earn much more working the office, so whats going on ?????
I suspect said BLT Doblo owner may be taking the weekend off (cos he’s earned his bit during the week) and renting/lending Doblo to a friend or maybe someone claiming benefits. I hope someone can enlighten me.
There are Sooo Many Taxi Lawyers on this site You May Want to Buy The Book: See The Ad Middle Column,Button on Taxis By James Button,it costs a couple days takings for a Hack or a Mornings work for BLT & Proud of it!
yt
why do you and others have a go at ian shanks?the majority of yous wouldnt know him if he past you in the street!! at least the bloke has the balls to put his money where his mouth is and challenge local authorities via the legal system.unlike yous lot that sit around all day bitching like women but doing sweet fa about your grievances.put up or shut up!!!
yt
youre another one whos been a taxi driver for 2mins and claims to know it all.get your head outve m**vs arse and get back on the mcdonalds rank or join the rest of the polaroid brigade at mainline taxis
stephen(fka central enth)
you-ve been a taxi driver 2mins and you spout out a load of shite,youre a hipocrite with regards to berwick plates and badges.you-ve got one yourself.get your facts right about the school runs,a berwick driver gets the same enhanced crb as a north tyneside one does and is then given the ok by north tyneside to do runs.keep paying bundy top dollar to run arond in a doblo that is past its best or you could always jump in one of his top of the range berwick plated vehicles(fiat mutipla or w reg mondeo etc)
Stephen when you got the trip bus to school the driver might not have had a crb check but its not like that now infact it the driver is a bandit from he WILL of had a least 2 crb checks one from bandit land and one from ntc ! if your not sure best to says nowt it makes you sound like a rite PR£CK
Stephen your quote below !!! i have never said you could not as you have never asked !!
“I am not allowed to work for him”
Lets hope all the out of Town School runners get peddled ASAP, it’s disgusting someone LIGHTLY Police checked doing School runs, come on NT Council start getting shot of the Bandits doing School runs!!!
stephen mate,i dont care how blueline taxis run their bussines,but i do find it amusing how the mention of the unmentianable co,really brings out the worst of people,but you cant mention the farce of out of town hacks without mentioning blt,its because of them were in the position were in,shanksie already stated that after losing his cross border hire case with newcastle council some years ago he then got a ruling the following year which started the whole sorry saga of out of town plates,im lucky because i hane not been directly affected by bandits,cos contrary to what u think CHRIS (f**k off back to tynedale) i never left tynedale im not one of the bandit plates,i just happen tp like winding people like you up and yanking your chain.
as for the ruling at high court,it doesnt solve a great deal,because it is still open to interpratation,people are already interperating to suit their own opinions,and being cynical,berwick tynedale and derwentside councils arnt going to do much about this ruling cos they wont be here in 4 or 5 months so they will just let this rumble on and back heel it to the new la nothumberland county council,by the way dont expect anything fantastic from them either,
six weeks ago the news i got from my local councillor who took my qestions and points to county hall regarding taxi and ph licensing withinin new la was that they dont have a clue,they have nothing in place regarding tarrifs testing,this new licensing is going to be no different from newcastle or ntc
All you half wits bleating on about Berwick/Northumberland not changing their licencing policy,need to realise or try and find out who is going to be the new Head of Licencing.
When you do know,then you will realise that said policy is already in the process of being changed! YOU F*CKING WANKERS!!!
Well where to start lets see the judge if i have read this correctly and I’m sure someone will tell me if i have not he stated that a hackney carriage is a vehicle that works from a rank and plys for hire from there and a private hire vehicle works from an office so if this is correct then what about the hacks that work from an office are they hack or private hire or just bit of this bit of that also regarding the taxi ranks do they not state the number of cars permitted at so called rank is eg 4 6 8 ect ect and if you are not on or within these markings on the road then you should not be “ranked up” someone needs to check the ranks and move them on as they are causing an obstruction did ntc know that the rank in tyne mouth goes from the arch all the way past the priory even as far as the gibraltar rock i am sick of people whinging on about private vehicles parking in taxi ranks if the enforcement officers did there job also the police and if anyone who is not a hackney carriage (north tyneside) parks within the rank markings then they should be either given a ticket or removed these hack drivers are quick enough to complain if a berwick or private hire park within these places but not private vehicles and think they have the god given right to just park as they like where they like when they like well come on someone get things sorted out and finally i am still waiting for a response from Mr newton regarding foreign drivers do they don’t they take locality tests so i look forward to some responses to my queries
Ian Shanks Will become the first Geordie President of America in 2012.
Then his dream will become reality.HE WILL RULE THE WORLD!!!!!
Do people think Berwick will really be changing their policy? I personally think Berwick will be sitting tight until the new Northumberland council comes into action, at this point they will roll out a new set off policy’s they have all ready decided on for the new council, as they must have already have some thing ready with the merge of all the LA’s
Err toonhack have you read the judges ruling?Berwick hacks are doing nothing unlawful and newcastle cannot prosecute!
Sorry to put a dampener on things,but read the facts first!
Another Chapter on this website has opened with the outcome of the infamous Court case, but once again people are “Beefing up” Blueline Taxis, on this Topic it’s “Jimmyd”, previously we have had “BLT Driver and proud of it” and “SC”, these Articles on this well run website are open to discussion regardless of who we work for and what we drive, but the Articles are Topics, NOT excuses to praise BLT!!!, no one can discuss, argue anything because someone comes on here praising BLT!
If Admin stuck on a Article about America’s first Black President, then some idiots comment would contain stuff about “BLT”!!!!!
Now I have met Mr Shanks and he comes across a decent bloke that clearly invests his income back into his Business, and has a fair few customers, he also contributes on here, I am not allowed to work for him, but I still think he runs a sound show after viewing his operaton!
So will people refrian from referring to BLT everytime a Article is put on here, it just causes arguements and challenges and leaves the Topic behind.
JimmyD mate we know about BLT, keep your comments about the out of town Hack crap!, not BLT!
Regards
Stephen
well said chris,for an interbred hillbilly retard your spellings not to bad,youve missed your vocation in life,you should have been a teacher,now p*ss off back to the rank and scrape a few pennies together,buy a nice new shiny car then take yourself off to blueline taxis and and beg the wizard of transport (shanksie) to be allowed into the brotherhood of wisdom and enlightenment,namley blueline taxis,where upon you may find calm,serenity and decent earnings,peace be with you wan**r
Newcastle City Council stopping out of town plates.
Letter sent out to proprietors stating that the practice is illegal!
Chris…..I take it the red bull has kicked in?
CC
What is quite funny about this whole sorry saga,is that,at any time in the past two years,any local authority could have written into their licencing policy that any private hire operator is only allowed to employ vehicles and drivers licenced in that borough.
The real big players are not the money people,they are the silent ones in Licensing,the legal people,the people who understand and can make sense of the Judgement. whilst Taxi drivers & operators, who think they know everything because either they have money or they listen to people who have money,chase their tails and shout names at each other. All the while the real professionals in all this are ensuring that this does not happen again. Heads will be rolling and new policies will be getting drawn up,mystery shoppers will abound and the only Court cases will be Taxi drivers who are being looked at more closely than ever before because people got Greedy and drew a lot of attention to the Trade. Drivers should view this as a learning experience and not become infected with the Greed of those that collect their rents!
Nobody’s appealing, Berwick Council Have accepted the Judgement and are on the record saying they are changing their policy and if you mean Berwick has excess funds,there won’t be much of that left after their Court costs plus half of Newcastles. Berwick had their fun and raked in the cash…at the expense of the true Pawns in the game…You,Me & every other little man who just wants to make a crust! So don’t allow yourself to be the Big players mouthpiece,just accept gracefully and get back to coming out to work and feeding your Family!
It may not be finished yet! – Remember there’s a right of appeal and one side has excess funds with only a few months to go?
Jimmy d, you want some abuse ! youve earned some, your a first class cock s*cking SOAB , get your big fat head out of shanksys a**ehole you C**T ! and F**K OFF back to TYNEDALE you F**KING OLD HOMO, go on F**K THE F**K OFF, B***ARD !!!
Well!
Lets get the Camera’s out and see all these f*cking idiots running to North Tyneside & Newcastle for a application pack, what sickens me the most is these two idiot Councils will dish them out, all these Polish/Iranians and the Lasses with their pink Steering wheels & private plates will be applying!
NOTE: ACCORDING TO THE HACK BOYS THE COUNCIL VIEW THIS SITE SO READ THIS…..
JUST THINK COUNCIL BOYS AND GIRLS, IF BERWICK WERE GOING TO LAST AND EVERY DRIVER LICENSED THEIR CAR IN BERWICK, YOU LOT WOULD BE APPLYING FOR A BADGE TOO!!!……and working for a Operator, not a cushy Council job with Pension and OK pay!!
SO SHOW SOME RESPECT WHEN THESE HALF WITS COMING RUNNING INTO THE OFFICE AND HOLD THEIR APPLICATIONS BACK OR LOOSE THEM HA!HA!
THEY HAVE SCREWED US AND NEARLY SCREWED YOU IN THE LAST TWO YEARS…SO PAY BACK TIME………PLEASE!!!!!!
IDEALLY CAP THE NUMBER OF BADGES FOR THE NEXT SIX MONTHS!
AND MR AND MRS COUNCIL IF YOU HAVE TAKEN A DRIVER TO COURT AND REMOVED HIS BADGE AND HE IS NOW BERWICK…DON’T GIVE HIM/HER BACK IF THEY APPEAL!!!!
KIND REGARDS
Stephen
PS The next time we are passing Harvey Combe we will see lots of papers hanging out your bins (Applications)…………..in our dreams!!!
So what happens to all these bandits that are working outside Berwick at the min ? Do they all have to go back where they belong or are they still allowed to work outside their area ?
back to square one then,cause berwick,tynedale and derwentside wont give a flying f**k,because very very soon they wont exist.so will the new northumberland county council attach regulations to their hack licences….now to upset a lot of you out there,i hope they dont attach regulations to licence…..and heres where i upset you,because i fully support what mr.shanks of blue line taxis is trying to achieve,a one plate system or whatever you want to call it,hack grivers are dinosaurs who havent gone with the advancment of technology,times have changed,the hire and reward game has moved on over the years you have to move with the times….or sadly get left behind,dont get me wrong,im a hack driver (tynedale) and would love to go back to the days when i could work the ranks and make a decent living,but those days have gone.im no greenhorn ive been doing this job for the past 25 years,tynedale hack driver,newcastle hack driver , gateshead private hire driver,and as for the local knowledge tests some of you bleat on about, they arnt worth a w**k,and you know it,ask around the ranks and taxis offices,they can give you the answers because the dumb councils never or rarely vary the questions
my fist day as a newcastle hack driver,punter jumps in gives me an address in gosforth,and i didnt have a clue..oh if only i had sat nav back then,and as for having a go at the big operators…why?
is it just envy.obviously blue line,mr.shanks is no dummy he must be doing somthing right,so to you ian shanks i say…..DONT LET THE B******S grind you down and keep fighting,because there are plenty of drivers like myself out there who back what you are trying to do,
and to you cynics about to jump in with a stinging reply,yes i know he wants you working his office so he can charge you office rent and get even wealthier,but HELLO……thats what he is in bussiness for,to make money,thats why we all do this,anyway enough of my prattle, ishall sit back and wait for the verbal torrent of abuse for applauding what mr.shanks is doing within the taxi trade,
PLEASE NOTE:i do not know ian shanks,i do not,and have never worked for blueline taxis
i have not read the full judgement yet, but it does seem that the judge has some sense and has looked into things closely.
p.s. i am up to page whatever
if admin is willing to publish this post, here are some highlights that matter from my point of view, others will read the judgement and have different points of view,, that is democracy.
It also limits the number of hackney carriage licences it issues, as it is entitled to do under section 16 of the Transport Act 1985 because it is satisfied that there is no significant unmet demand for the services of hackney carriages within the city.
It was thus decided by Parliament, from the outset of the licensing of hackney carriages, that licensing should be dealt with locally rather than nationally. The right to ply for hire is limited, by the licence, to the immediate locality and no right to ply for hire is given for any wider area.
The 1976 Act was adoptive, that is it only applies in those parts of the country where the Act has been adopted. However most authorities have adopted the Act including Berwick and Newcastle.
“the grant of a hackney carriage licence may be refused for the purposes of limiting the number of hackney carriages in respect of which licences are granted, if, but only if, the person authorised to grant licences is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet.”
Newcastle use section 16 to limit the number of hackney carriage licences granted but Berwick do not.
In my judgment the major purpose behind the 1847 Act, and indeed the 1976 Act, is the safety of the public by which I include both the travelling public as passengers and other road users. Thus the scheme of the legislation is directed towards having safe vehicles, fit and proper drivers and appropriate conditions of hire.
The fact that Berwick now has a large, but remote, fleet of hackney carriages has had the effect of persuading Berwick that they need to have testing stations over a wide area well removed from Berwick-on-Tweed. Mr. Holland, who appeared before me for Berwick, told me that due to the large number of licences being issued Berwick has a financial surplus which they use in part to pay to have a vehicle on the road in the Tyneside area to keep an eye on their hackney carriages.
MY VIEW IN CAPS, PMSL AT THIS COMMENT… “has a financial surplus which they use in part to etc.”
HERES THE NITTY GRITTY….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.
Roll on Xmas, i am skint !!!!
i hope berwick has the balls to go on as it has but i dont think they will a lot of taxi driver s will be very upset it`s gonna cost a lot more now other councills will charge more thats the sickener