Oakes & Talaty (Appellants) v Blackburn with Darwen Borough Council (Respondent)
The Appellants applied to the Respondent for a Hackney Carriage Vehicle Licence in respect of an alternative vehicle i.e. a non traditional London style Hackney Carriage. Following a hearing before the Licensing Committee and applying its own policy, the Respondent made decision to refuse the licence. The Appellants appealed to the Crown Court. The case was principally concerned with the question of whether the local authority was wrong not to depart from its policy requiring all non London style alternative Hackney Carriages to be the colour black. Inter alia, the Appellants argued that the local authority; was wrong to apply its policy in the first instance, its actions were not in line with government guidance, that it had failed to apply A1P1 of the European Convention on Human Rights (right to property ), that the decision did not have due regard to relevant matters and placed too much weight others and, in any event that the local authority was wrong not to depart from the policy in the circumstances. The case came before the Recorder of Preston on the 12 June 2014 and following successful argument from Miss Ghahhary the appeal was dismissed.