Stockton-on-Tees Borough Council v Fidler and others – WLR Daily

Posted October 12th, 2010 in law reports, licensing, taxis by sally

Stockton-on-Tees Borough Council v Fidler and others [2010] EWHC 2430 (Admin); [2010] WLR (D) 244

“The definition of ‘private hire vehicle’ in s 80(1) of the Local Government (Miscellaneous Provisions) Act 1976, with its express exclusion of hackney carriages, had to be read into the references to ‘private hire vehicle’ in sections 46(1)(d)(e); and the words ‘hackney carriage’, where they appeared in s 80(1), were not confined to a vehicle licensed as a hackney carriage by the local authority which was seeking to enforce within its own area the provisions of the 1976 Act, but extended to any vehicle licensed as a hackney carriage wherever so licensed. However. it was an offence under s 45 of the Town Police Clauses Act 1847 for a hackney carriage licensed in one area to stand or ply for hire in another area where no licence had been granted to either the driver or the vehicle by the licensing authority for that area.”

WLR Daily, 11th October 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.