Sussex wrote:
Anonymous wrote:
Castlepoinr was about creating zones, that is ilegle
however those with ancient zones approved by dept of transport?
however those with ancient zones approved by dept of transport?
Correct, but I think when LORD JUSTICE KEENE said:
In my view a condition preventing a taxi from plying for hire from a particular taxi stand or stands, or in a particular street or streets, would fall outside the scope of the powers granted by Parliament.
There he was pointing out that council can licensed one set of taxis, not different sets.
In fact he sort of says that a bit earlier:
There is to my mind an even stronger point against Mr Wolfe's (Appellant's Barrister) contention. If he were right, it would enable an authority to create by its licensing system two classes of taxis: one unrestricted as to where a taxi could ply for hire and the other restricted. The latter would patently be a second class type of taxi which could not operate from all the stands or perhaps all the streets in the borough or district. That seems to me to be contrary to the whole legislative approach adopted more recently by Parliament in this area of activity, the approach being to allow, as far as possible, open competition in the trade.
As Lord Justice Woolf said in R v Great Yarmouth Borough Council ex p Sawyer [1989] RTR 297 at 298, the policy of the Transport Act 1985 is
" ..... to remove restraints and allow market forces to take their course in a way which did not exist before Section 16 of the Transport Act 1985 came into effect."
In the same case Lord Justice Bingham (at page 303) referred to the Act of 1985 substituting "a free market policy" so long as the authority was not satisfied that there was no unmet demand. To bring into being a two?tier structure of licensed taxis within a district would fly in the face of that legislative approach.
If anyone would like the full transcript, then if they e-mail me, I will whizz it over.
the point at issue is , with respect where the judge rightly said you cannot condition out streets.
those done by zones have no areas conditioned out but have a plate for that zone.
for instance in our area there is no 2 tier system (in theory and law) we are all equal (though some are more equal than others) each doing there stuff within the zone.
Warning.
this posting is part of an argument in law, it does not purport to say that the argument put forward by my opponent is wrong, merely exploring the interpretation of the judgement.
Geoff