Eastbourne Borough Council v Stirling and Another
(2000) Times, 16 November
QUEEN’S BENCH DIVISIONAL COURT
Published 16 November, 2000
Before Lord Justice Pill and Mr Justice Bell
Judgment October 31, 2000
A hackney carriage positioned on private land in order to draw custom from the general public in an adjoining public street could be plying for hire in the public street within the meaning of section 38 of the Town Police Clauses Act 1847.
The Queen’s Bench Divisional Court so held when allowing an appeal by way of case stated by the prosecutor, Eastbourne Borough Council, against the decision, dated February 7, 2000, of Mr Kevin Gladwell, acting stipendiary magistrate, sitting at Eastbourne Magistrates’ Court, to dismiss informations against Charles William Stirling and Robert John Morley which alleged that each had used a hackney carriage in plying for hire in a street without being licensed to do so, contrary to section 45 of the 1847 Act.
Mr Nicholas Hall for the prosecutor; Mr James King-Smith for the defendants.