Taxi Driver Online

Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council [2012] EWHC 1260 (Admin) (16 May 2012)

http://www.bailii.org/ew/cases/EWHC/Adm ... /1260.html

A landmark decision confirming that it was unlawful for a local authority to charge lawful licensees for the cost of enforcement action against unlicensed operators.

Although the licensees in the case were operators of sex shops in Soho, the decision applies equally to any industry for which a licence to trade is required from the local authority.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

The above quote from that judgement is interesting.

With the Law Commission proposing LOs inspecting and enforcing non-local vehicles, I wonder who will pay for their time.

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IDFIMH

I'm being told, but don't necessarily agree with, that because 'transport' was exempted from the 2009 Directive, it will not effect us.

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IDFIMH

Really

Which 2009 directive?

The charging power is in the 1976 act isnt it?

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

But doesn't the 2009 Directive (did you read the judgement? ) say that councils can only charge for admin and controls on existing license holders?

The 1976 act says any reasonable costs, or similar.

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IDFIMH

I didnt read it entirely, been a tad busy

So if the 2009 directive states that....then that surely backs up the initial point?

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Without reading the case, it seems it concerns a 2006 European Directive, implemented by UK regulations in 2009.

The regulations seem to exclude transport at 2(1)(c).

Indeed the directive is even more specific, and paragraph 21 of the preamble (if that's the right word) states:



Thus the case seems to have no direct relevance to the taxi/PH trades.

http://eur-lex.europa.eu/LexUriServ/Lex ... 068:en:PDF

http://www.legislation.gov.uk/uksi/2009/2999/made

I see, so the email was sent by ambulance chasing solicitors.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

My point of issue relates to the fact that council licensing really doesn't deal with transport, they deal with licensees.

It's us licensees that deal with transport.

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IDFIMH

I think I'll wait for my nta solicitors comment!

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

http://cornerstonebarristers.com/news/w ... sex-shops/

In brief summary, the case established the important principles:

(1) that where a Council profits from licence fees in that its expenditure is exceeded by its fee income, it must carry the surplus forward in determining the fee for future years;

(2) that in authorisation schemes covered by the Provision of Services Regulations, enforcement costs may not be recharged to licensed operators.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin