Brentwood Borough Council v Gladen

Brentwood Borough Council v Gladen

A licensed hackney carriage and driver provided for passenger conveyance, even via an operator, does not require an operator's licence under section 55 of the 1976 Act, as hackney carriages are excluded from the definition of private hire vehicles.

Parties
Claimant: Brentwood Borough Council; Defendant: Andrew Ernest Gladen
Jurisdiction
England and Wales
Judgment Date
28 October 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Licensing of Hackney Carriages, Operator's Licence Requirements, Interpretation of Local Government (miscellaneous Provisions) Act 1976
Administrative Law Local Government Law Licensing of Hackney Carriages Operator's Licence Requirements Interpretation of Local Government (miscellaneous Provisions) Act 1976

Case Brief

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Parties

Brentwood Borough Council

Claimant

Andrew Ernest Gladen

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether a licence under section 55 of the Local Government (Miscellaneous Provisions) Act 1976 is required to operate a hackney carriage as a private hire vehicle in a controlled district

Ratio Decidendi

A licensed hackney carriage and driver provided for passenger conveyance, even via an operator, does not require an operator's licence under section 55 of the 1976 Act, as hackney carriages are excluded from the definition of private hire vehicles.

Court Disposition

appeal dismissed

Orders

  • Respondent's costs of the appeal to be paid out of central funds