City of Bradford Metropolitan District Council v Obaid [2001] EWHC 536 (Admin) (29 June 2001)

City of Bradford Metropolitan District Council v Obaid [2001] EWHC 536 (Admin) (29 June 2001)

Stopping a private hire vehicle on a hackney carriage stand to set down passengers, even for a short period, amounts to causing the vehicle to wait within the meaning of section 64(1) of the Local Government (Miscellaneous Provisions) Act 1976, unless the statutory defence applies. The justices erred in acquitting the respondent on the basis that the stop was momentary.

Citation
[2001] EWHC 536 (Admin)
Parties
Claimant: City of Bradford Metropolitan District Council; Defendant: Obaid
Jurisdiction
England and Wales
Judgment Date
29 June 2001
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Hackney Carriage Regulation, Interpretation of 'wait' Under Local Government (miscellaneous Provisions) Act 1976, Taxi Rank Offences
Administrative Law Local Government Law Criminal Law Hackney Carriage Regulation Interpretation of 'wait' Under Local Government (miscellaneous Provisions) Act 1976 Taxi Rank Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

City of Bradford Metropolitan District Council

Claimant

Obaid

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether stopping a private hire vehicle on a hackney carriage stand to set down passengers amounts to 'causing or permitting it to wait' contrary to section 64(1) of the Local Government (Miscellaneous Provisions) Act 1976.

Ratio Decidendi

Stopping a private hire vehicle on a hackney carriage stand to set down passengers, even for a short period, amounts to causing the vehicle to wait within the meaning of section 64(1) of the Local Government (Miscellaneous Provisions) Act 1976, unless the statutory defence applies. The justices erred in acquitting the respondent on the basis that the stop was momentary.

Court Disposition

appeal allowed

Orders

  • Order of the justices quashed
  • Matter remitted to the Magistrates' Court for reconsideration by a differently constituted Bench of magistrates