Delta Merseyside Ltd & Anor, R (On the Application Of) v Knowsley Metropolitan Borough Council

Delta Merseyside Ltd & Anor, R (On the Application Of) v Knowsley Metropolitan Borough Council

The policy is unlawful because it treats intended work location as relevant to the fit and proper person test for PHV drivers, which should be based on personal qualities and professional qualifications. The statutory scheme does not permit local authorities to curtail the 'right to roam' by imposing such a...

Source-derived case information.

Parties
Claimant: Delta Merseyside Limited; Claimant: Uber Britannia Limited; Defendant: Knowsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
07 February 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Policy quashed
Legal Topics
Private Hire Vehicle Licensing, Fit and Proper Person Test, Local Authority Policy, Freedom of Establishment
Administrative Law Local Government Law Transport Law Private Hire Vehicle Licensing Fit and Proper Person Test Local Authority Policy Freedom of Establishment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Delta Merseyside Limited

Claimant

Uber Britannia Limited

Claimant

Knowsley Metropolitan Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the policy requiring PHV drivers to work predominantly in Knowsley is lawful under the Local Government (Miscellaneous Provisions) Act 1976
  2. 2 Whether intended work location is a relevant consideration for the fit and proper person test
  3. 3 Whether the policy is too vague to be enforceable

Ratio Decidendi

The policy is unlawful because it treats intended work location as relevant to the fit and proper person test for PHV drivers, which should be based on personal qualities and professional qualifications. The statutory scheme does not permit local authorities to curtail the 'right to roam' by imposing such a requirement. The policy must be quashed.

Court Disposition

Policy quashed

Orders

  • The policy document adopted by KMBC in March 2017 is quashed in its entirety, including parts dealing with renewals and revocation.