Brentwood Borough Council v Gladen

For Part II of the Local Government (Miscellaneous Provisions) Act 1976, “operate” retains its statutory meaning: making provision in the course of business for the invitation or acceptance of bookings for a private hire vehicle. A hackney carriage is excluded from the definition of “private hire vehicle”. Providing a duly licensed hackney carriage, driven by a duly licensed driver, in response to a booking therefore does not breach section 46(1)(d) merely because the booking is made through an operator. A section 55 operator’s licence is unnecessary.

Brentwood Borough Council appealed by way of case stated against the acquittal of Andrew Ernest Gladen on five informations. Each alleged that he had knowingly operated a vehicle as a private hire vehicle without a current operator’s licence under section 55 of the Local Government (Miscellaneous Provisions) Act 1976.

The vehicles and drivers were licensed as hackney carriages and hackney-carriage drivers. The central question was whether a section 55 licence was required where a licensed hackney carriage was provided through a telephone booking arrangement.

1. Appeal dismissed. The district judge had correctly acquitted the defendant, and the stated question was answered in the negative.
2. The statutory scheme distinguishes hackney carriages from private hire vehicles. Under section 80(1) of the Local Government (Miscellaneous Provisions) Act 1976, “operate” means making provision in the course of business for the invitation or acceptance of bookings for a private hire vehicle. The definition of “private hire vehicle” excludes a hackney carriage.
3. Section 46(1)(d), read with those definitions, does not require an operator’s licence where a duly licensed hackney carriage and hackney-carriage driver are provided in response to a booking. Section 55 supplies a licence to operate private hire vehicles and does not apply to hackney carriages.
4. Section 67 recognises that hackney carriages may be used for private hire, but regulates fares and does not authorise conduct otherwise prohibited by section 46. The matching wording in section 46(1)(e) reinforces the conclusion; the contrary construction would make properly licensed hackney carriages and drivers unlawful because they lacked private-hire licences.
5. Public-protection considerations cannot enlarge the statutory licensing scheme. Conditions under section 47 and byelaws under section 68 might require information or records concerning hackney-carriage operation, but they do not create a section 55 licensing requirement.

Mr Justice Silber agreed with Mr Justice Collins. The defendant’s costs were ordered to be paid out of central funds.

• High Court (Administrative Court): Appeal by way of case stated dismissed; the district judge’s acquittals were upheld.