Taxi Driver Online

The Times

May 7, 1993, Friday

HEADLINE: Advertising beyond licensed area

Queen's Bench Divisional Court.

Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs)

Before Lord Justice Leggatt and mr Justice McCullough

(Judgment May 4)

A mini-cab operator whose offices were based outside a controlled district, within which an operator's licence was required under section 55 of the Local Government (Miscellaneous Provisions) Act 1976, did not ''operate'' within the controlled area merely by advertising his firm in a directory which circulated within the controlled area.

The Queen's Bench Divisional Court so held in dismissing an appeal by way of case stated by the Royal Borough of Windsor and Maidenhead against a decision of Maidenhead Justices acquitting Mahboob Khan of operating a private hire vehicle within a controlled area without a licence contrary to section 46(1)(d) of the 1976 Act.

Section 80 of the 1976 Act provides: ''(1) ... 'operate' means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;...''

Mr Peter Harrison, who did not appear below, for the council; Miss Veronica Hammerton for the respondent.

MR JUSTICE McCULLOUGH said that the respondent's offices were in Slough which was outside the relevant controlled district. He had placed advertisements in the local Yellow Pages and Thomson Directory which circulated within both Slough and Maidenhead. Maidenhead was within a controlled district for which he did not hold an operator's licence.

The respondent made provision for the acceptance of bookings in his office which was in Slough and not within the controlled district.

Section 80(1) did not relate to the places an invitation might reach but to the places where provision was made to deal with it.

The advertisements informed the public that he had made such provision in Slough. He had made no such provision within other areas in which the directories circulated.

Lord Justice Leggatt agreed.

Solicitors: Mr D. C. Lunn, Maidenhead; Kidd Rapinet, Slough.
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