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This is a timely reminder for all TDO readers and subscribers that thanks to Mr Francis Maud and his failed application against Castle Point BC,
"A district council has no power to impose further restrictions on a licence-holder plying for trade where he has been issued with a licence in respect of a prescribed distance:
R (on the application of Maud) v Castle Point BC [2002] EWCA Civ 1526, [2003] LGR 47.
And for those solicitors and taxi organisations who embark on futile court actions in order to try and reverse council decisions on licence numbers I say wake up and face reality because Councillors have an unfettered discretion to issue taxi licenses under the 1847 Act s 37: as was stated in the case of R (on the application of Johnson) v Reading BC [2004] EWHC 765 (Admin), [2004] ACD 284.
I think if these two points are taken on board then licensing officials along with councillors, Solicitors and taxi organisations will be able to move forward for a change instead of taking a retrograde step backwards.
Regards
JD
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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.
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