Taxi business to challenge ‘intended use policy’ adopted by borough council

A private hire business has applied to judicially review Knowsley Borough Council’s ‘Intended Use Policy’, which requires drivers who obtain their licences in the borough to operate “predominantly in Knowsley”.

Gerald Gouriet QC and Charles Streeten of Francis Taylor Building are acting for Delta Merseyside in the claim against the local authority.

FTB said: “The governing legislation (LGMPA 1976) does not limit the geographical area in which a licensed PHV driver may operate. Long-standing case law has held that a driver who is licensed in controlled district ‘A’ may lawfully operate outside that district anywhere in the UK.

“Delta argue that the council is not empowered under the Act to insist that licensed PHV drivers operate within Knowsley - predominantly or otherwise. In addition to the ultra vires arguments, a lively discussion is anticipated as to the meaning of ‘predominantly’.”