Taxis row goes to High Court
Sep 17 2008 by Dan Warburton, The Journal
HUNDREDS of taxis licensed in Berwick are swarming out of the town to ply their trade throughout the North East, and even as far afield as Surrey, a top judge has heard.
At London’s High Court yesterday Newcastle City Council claimed the Northumberland town now has a staggering 672 licensed hackney carriages – more than one for every 40 residents – and that the local council’s stance on taxi licensing is causing havoc.
The vast majority of the licences they issue are for taxis which are never used on the town’s streets, but instead form part of the minicab fleet in Newcastle and elsewhere.
The addresses of Berwick-licensed taxi proprietors take in areas across the North East but some live as far afield as the West Midlands, Wales, Liverpool and even Surrey, said Mr John McGuinness QC, the barrister for Newcastle City Council.
Newcastle wrote to Berwick Borough Council in May last year, demanding a change in its stance on taxi licensing, but the application was rejected. And yesterday Mr McGuinness argued Berwick Council was “well aware” that large numbers of their taxis are engaged in the private hire trade in Newcastle, where they are not subject to the city council’s fare pricing rules or enforcement and regulatory regime.
He told the judge that, in April 2006, Berwick had just 46 licensed hackney carriages, but numbers had since “grown exponentially”.
And it was also claimed taxi licence applicants in Berwick “have not the slightest intention” of operating in the town and that the borough council was “expressly thwarting” Parliament’s wish that hackney carriage services should be local in nature and serve local populations.
Mr McGuinness said that Newcastle only grants new taxi licences where there is significant unmet demand for cabs in the city – but Berwick operates no equivalent policy.
Newcastle is asking Judge Symons to rule Berwick’s stance unlawful and make a formal declaration that the town must only issue licences to cab proprietors if is satisfied that their vehicles will be used within Berwick, or its environs.
However, Berwick is staunchly resisting Newcastle’s challenge, insisting it is perfectly entitled to grant hackney carriage licences to any would-be taxi proprietor, so long as both they and their vehicles are considered “fit”.
The borough council’s lawyers insist the way it deals with taxi licence applications does not amount to “a policy” and is no different from other local authorities – including Newcastle.
The High Court hearing, expected to last up to three days, continues.
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