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Posted on the 8th January 2025 in PHTM News
HIGH COURT UPHOLDS WELWYN HATFIELD COUNCIL'S TAXI LICENCE REFUSALS
The High Court has upheld the decision of Welwyn Hatfield Borough Council in a legal battle over the refusal to renew taxi licences for six drivers during the Covid-19 pandemic.
The drivers, whose vehicles exceeded the council's eight-year age limit for licensed taxis, argued that the pandemic constituted exceptional circumstances that warranted an exemption to the policy.
Initially, a district judge upheld the drivers' appeal, ruling that the pandemic justified a one-year extension to their licences.
The drivers argued they couldn't afford to replace their vehicles due to the significant decline in business during the pandemic. One said his income had fallen from £16,000 to £9,000.
However, Welwyn Hatfield Council appealed the decision to the High Court.
Mr. Justice Linden, in his judgment, overturned the district court's ruling, stating that the pandemic alone did not automatically qualify as an exceptional circumstance. He emphasised that the impact of the pandemic should be assessed on a case-by-case basis for each driver.
Furthermore, the judge ruled that the original hearing should have focused on whether the licences should be extended at the time of the appeal in 2022, not whether they should have been extended at the time of the initial refusal.
Mr. Justice Linden expressed concern that the district judge's ruling could set a precedent where any driver facing financial hardship could claim an exception, potentially undermining the council's policy.
"We are pleased with the High Court judgment which provides clarity on the application of the council’s policy on renewing taxi licenses," stated a spokesperson for Welwyn Hatfield Borough Council.
The council is now seeking to recover legal costs from the taxi drivers and the West and Central Hertfordshire Magistrates' Court.
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