The Dundee Taxi Cab Company Ltd v. Dundee City Council & Anor [2005] ScotCS CSIH_30 (18 March 2005)

The Dundee Taxi Cab Company Ltd v. Dundee City Council & Anor [2005] ScotCS CSIH_30 (18 March 2005)

The committee had no proper basis for being satisfied that there was no significant unmet demand for taxi services at the time of the application, as required by section 10(3) of the Act, and thus could not lawfully refuse the application on that ground.

Citation
[2005] ScotCS CSIH_30
Parties
Pursuers and First Respondents: The Dundee Taxi Cab Company Limited; First Defenders and Second Respondents: Dundee City Council; Second Defenders and Appellants: Dundee Taxi Association
Jurisdiction
Scotland
Judgment Date
18 March 2005
Procedural Posture
Appeal / Appeal From Sheriff to Inner House, Court of Session
Outcome
Appeal refused
Legal Topics
Taxi Licensing, Discretion of Licensing Authority, Judicial Review of Administrative Decisions
Administrative Law Licensing Law Taxi Licensing Discretion of Licensing Authority Judicial Review of Administrative Decisions

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Parties

The Dundee Taxi Cab Company Limited

Pursuers and First Respondents

Dundee City Council

First Defenders and Second Respondents

Dundee Taxi Association

Second Defenders and Appellants

Procedural Posture

Appeal / Appeal From Sheriff to Inner House, Court of Session

Legal Issues

  1. 1 Whether the licensing committee properly assessed current unmet demand for taxi services under section 10(3) of the Civic Government (Scotland) Act 1982
  2. 2 Whether absence from a waiting list constitutes 'other good reason' for refusal under para 5(3) of Schedule 1

Ratio Decidendi

The committee had no proper basis for being satisfied that there was no significant unmet demand for taxi services at the time of the application, as required by section 10(3) of the Act, and thus could not lawfully refuse the application on that ground.

Court Disposition

Appeal refused

Orders

  • Decision of the licensing committee of 5 September 2002 reversed
  • Application for 71 taxi licences to be granted to The Dundee Taxi Cab Company Limited