Aylesbury Vale District Council – High Court Appeal Allowed
It was reported today (12 November 2013) that Aylesbury Vale DC successfully appealed against a Magistrates’ Court decision to dismissed the council’s case against an unlicensed operator.
In March this year the council prosecuted Call a Cab Limited for acting as a private hire operate without a licence under section 46(1)(d) of the Local Government (Miscellaneous Provisions) Act 1976, together with its director for aiding and abetting the commission of the offences.
As part of the defendant’s case, they argued that the council had not properly adopted the relevant provisions of the 1976 and therefore was not a ‘controlled district’ which is an essential element of the offences.
The council passed a resolution to adopt the provisions on 8 March 1989 and was able to provide evidence of the newspaper advertisements. The council, however, could not prove that the notices to the parish councils and meetings had been sent because its correspondence files had been destroyed. For this reason, the Court dismissed the council’s case.
The Council appealed the Magistrates’ Court decision and we understand that the High Court allowed the appeal and remitted the case back to the Magistrates’ Court for reconsideration. This case will have extremely important implications for Council's who have adopted the provisions of the 1976 Act.
We will update you when more information becomes available.