Appendix PRECEDENTS FOR HACKNEY CARRIAGE AND by mikesanye

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									                          Appendix 12: PRECEDENTS FOR HACKNEY CARRIAGE AND
                                        PRIVATE HIRE PROSECUTIONS




Information/summons
(a) Section 46(1)(a) of the Local Government (Miscellaneous Provisions) Act (LGMPA) 1976 (driving without a vehicle licence).
(b) Section 46(1)(b) of the LGMPA 1976 (driving without a driver’s licence).
(c) Section 46(1)(c) of the LGMPA 1976 (employing a driver without a licence).
(d) Section 46(1)(d) of the LGMPA 1976 (operating without an operator’s licence).
(e) Section 46(1)(e)(i) of the LGMPA 1976 (operating a vehicle without a vehicle licence).
(f) Section 46(1)(e)(ii) of the LGMPA 1976 (operate a vehicle with an unlicensed driver).
(g) Section 48(6)(a) of the LGMPA 1976 (failure to exhibit interior plate).
(h) Section 48(6)(b) of the LGMPA 1976 (failure to exhibit exterior plate).
(i) Section 54 of the LGMPA 1976 (failure to wear Private Hire badge).
(j) Section 64(3) of the LGMPA 1976 (waiting on a hackney carriage stand).
(k) Section 73(1) of the LGMPA 1976 (failing to give information).
(l) Section 68 of the Town Police Clauses Act (TPCA) 1847 (failing to wear Hackney Carriage badge).
(m) Section 47 of the TPCA 1847 (driving without a HC licence).
(n) Section 45 of the TPCA 1847 (plying for hire without a licence).
(o) Section 143 of the Road Traffic Act 1988 (driving without insurance).
(p) Paragraph 10(1)(a), Sched 4 to the LGMPA 1982 (street trading).
(q) Section 1 and para 12(2), Sched 1 to the LGMPA 1982 (breach of PEL condition).
(r) Paragraph 12(1), Sched 1 to the LGMPA 1982 (provision of PEL without a licence).
                                                                                                              SUMMONS ]>var1<[

IN THE ]>var2<[ MAGISTRATES’ COURT


To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
being the proprietor of a private hire vehicle, namely an ]>var7<[ registration number ]>var8<[, private hire plate number ]>var9<[,
knowingly used the said vehicle on a road called ]>var10<[, in a controlled district within the meaning of Part II of the Local Government
(Miscellaneous Provisions) Act 1976 without having for such vehicle a current licence under s 48 of the said Act, contrary to Section
46(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 as amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var11<[


on ]>var12<[
at ]>var13<[ to answer to the said Information.


DATED the              day of                                        20


                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                              SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT


To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you


on the ]>var5<[
at ]>var6<[
knowingly did act as driver of a private hire vehicle, namely a ]>var7<[, registration number ]>var8<[, private hire plate number ]>var9<[,
on a road called ]>var10<[, in a controlled district within the meaning of Part II of the Local Government (Miscellaneous Provisions) Act
1976 without having a current licence under Section 51 of the said Act, contrary to Section 46(1)(b) and (2) of the Local Government
(Miscellaneous Provisions) Act 1976 as amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var11<[
on ]>var12<[
at ]>var13<[ to answer to the said Information.


DATED the              day of                                       20




                 .....................................................................
                 Clerk to the Justices/Clerk to the Court/
                 Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                          SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
being the proprietor of a private hire vehicle, namely a ]>var7<[, licensed under Part II of the Local Government (Miscellaneous
Provisions) Act 1976, knowingly did employ ]>var8<[, to act as a driver thereof for the purposes of hiring, the said ]>var9<[,
not having a current Licence under Section 51 of the said Act.


CONTRARY TO: Section 46(1)(c) and 46(2) of the Local Government (Miscellaneous Provisions) Act 1976 as amended.


PENALTY: Fine not exceeding level 3 on the standard scale: Section 76 of the said Act.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                        20


                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                          SUMMONS ]>var1<[


IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
did knowingly operate a private hire vehicle, namely a ]>var7<[, in a controlled district within the meaning of Part II of the Local
Government (Miscellaneous Provisions) Act 1976, without having a current Operator’s Licence under Section 55 of the said Act.


CONTRARY TO: Section 46(1)(d) and 46(2) of the Local Government (Miscellaneous Provisions) Act 1976 as amended.


PENALTY: Fine not exceeding level 3 on the standard scale: Section 76 of the said Act.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var8<[
on ]>var9<[
at ]>var10<[ to answer to the said Information.


DATED the             day of                                         20


                  .....................................................................


          Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                                 SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT


To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[


being a private hire vehicle operating licensed under Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 knowingly
did in a controlled district within the meaning of Part II of the said Act operate a vehicle namely a ]>var7<[, registration number ]>var8<[,
private hire plate number ]>var9<[ as a private hire vehicle, there not being in force in relation to the said vehicle a current licence under
Section 48 of the said Act, contrary to Section 46(1)(e)(i) and (2) of the Local Government (Miscellaneous Provisions) Act 1976 as
amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                        20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                                 SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT


To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
being a private hire vehicle operator licensed under Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 knowingly
did in a controlled district within the meaning of Part II of the said Act operate a vehicle, namely a ]>var7<[, registration number ]>var8<[,
private hire plate number ]>var9<[, as a private hire vehicle, the driver of which ]>var10<[, did not have a current licence under Section 51
of the said Act, contrary to Section 46(1)(e)(ii) and (2) of the Local Government (Miscellaneous Provisions) Act 1976, as amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var11<[
on ]>var12<[
at ]>var13<[ to answer to the said Information.


DATED the              day of                                        20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace
If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                               SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[


used without reasonable excuse in a controlled district, a vehicle, namely a ]>var7<[, registration number ]>var8<[, private hire plate
]>var9<[, as a private hire vehicle, a vehicle in respect of which a licence has been granted under Section 48 of the Local Government
(Miscellaneous Provisions) Act 1976, without there being exhibited on the interior of the vehicle a plate issued in accordance with Section
48(5) of the said Act in such manner as prescribed by Conditions attached to the grant of the said licence, contrary to Section 48(6)(a) and
(b) of the Local Government (Miscellaneous Provisions) Act 1976.




YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                        20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                               SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you


on the ]>var5<[
at ]>var6<[


used without reasonable excuse in a controlled district a vehicle, namely a ]>var7<[, registration number ]>var8<[, private hire plate
number ]>var9<[, as a private hire vehicle in respect of which a licence had been granted under Section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 without there being exhibited on the vehicle an external plate issued in accordance with Section 48(5)
of the said Act, in such a manner as prescribed by a Condition attached to the grant of the said Licence, contrary to Section 48(6)(b) of the
Local Government (Miscellaneous Provisions) Act 1976.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                        20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                                SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[Council, that you
on the ]>var5<[
at ]>var6<[


when acting in accordance with a driver’s licence granted to you under Section 51 of the Local Government (Miscellaneous Provisions)
Act 1976 failed, without reasonable excuse, to wear the badge issued to you under Section 54(1) of the said Act in such position and
manner as to be plainly and distinctly visible, contrary to Section 54 of the Local Government (Miscellaneous Provisions) Act 1976.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var7<[
on ]>var8<[
at ]>var9<[ to answer to the said Information.
DATED the              day of                                         20




                   .....................................................................
                   Clerk to the Justices/Clerk to the Court/
                   Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                                SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:                    ]>var3<[
of:                    ]>var4<[




INFORMATION has this day been laid before the undersigned by ]><[ to the
Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[


did, without reasonable cause, cause a ]>var7<[, motor vehicle, registration number ]>var8<[ not being a hackney carriage, to wait on a
stand for hackney carriages at ]>var9<[ appointed by the City of Bradford Metropolitan Council under Section 63 of the Local Government
(Miscellaneous Provisions) Act 1976, contrary to Section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court at ]>var10<[


on ]>var11<[
at ]>var12<[ to answer to the said Information.
DATED the         day of                20




                   .............................................
                   Clerk to the Justices/Clerk to the Court/
                   Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                              SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]>var5<[ to the Council, on behalf of ]>var6<[ Council, that you
on the ]>var7<[
at ]>var8<[


did without reasonable cause fail to give to ]>var9<[ , Hackney Carriage Officer, information which he reasonably required for the purpose
of the performance of his function as an authorised officer of the City of Bradford Metropolitan Council acting in pursuance of Part II of
the Local Government (Miscellaneous Provisions) Act 1976 contrary to Section 73(1) of the Local Government (Miscellaneous Provisions)
Act 1976.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                        20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                              SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
being the driver of a hackney carriage when plying for hire, did fail to wear on your left breast outside your outer garment, and in such a
manner as to be at all times plainly and distinctly visible a badge provided by ]><[ Council, contrary to a byelaw relating to hackney
carriages made by the said Council on the ]><[ and number ]><[ of the Byelaws relating to Hackney Carriages made by the ]><[ Council
on the ]><[ and Section 68 of the Town Police Clauses Act 1847.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var7<[


on the ]>var8<[
at ]>var9<[ to answer to the said Information.


DATED the             day of                                         20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                           SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on ]>var 5<[
at ]>var 6<[
Did act as the driver of a hackney carriage numbered ]>var 7<[, then duly licensed in pursuance of the Town Police Clauses Act 1847, to
ply for hire within a prescribed distance of Bradford, as defined by the said Act:
(a) He not then having obtained a Licence to act as such driver; or
(b) during the time that his Licence to act as such driver was suspended,
contrary to Section 47 of the Town Police Clauses Act 1847.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var 8<[
on ]>var 9<[
at ]>var 10<[ to answer to the said Information.


DATED the                day of                                              20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
                                                                                                           SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
was found plying for hire with a hackney carriage, namely a ]>var7<[, registration number ]>var8<[, at ]>var9<[ within the prescribed
distance as laid down by Section 34 of the Town Police Clauses Act 1847 for which carriage a Licence plying for hire had not previously
been obtained, contrary to Section 45 of the Town Police Clauses Act 1847.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                        20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/


          Justice of the Peace

If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ to the Council, on behalf of ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
did use a motor vehicle, namely a ]>var7<[, registration number ]>var8<[, on a road called ]>var9<[, there not being in force in relation to
the use of the said vehicle such policy of insurance or such security in respect of third party risk as complies with the requirements of Part
VII of the Road Traffic Act 1988, contrary to Section 143 of the Road Traffic Act 1988.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var10<[
on ]>var11<[
at ]>var12<[ to answer to the said Information.


DATED the              day of                                         20


                       ....................................................................
                       Clerk to the Justices/Clerk to the Court/
                       Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
Please ensure you have your current driving licence with you or, it is with the Clerk to the Court, when your case is dealt with by the
Magistrates.
Additional penalties under Sections 7 and 27 of the Road Traffic Regulation Act 1984 may be imposed if the licence is not with the Court
when the case has been concluded.
                                                                                                             SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ on behalf of                 ]><[ Council, that you
on the ]>var5<[
at ]>var6<[
did engage in street trading in a prohibited street namely, ]>var7<[ contrary to Paragraph 10(1)(a) of Schedule 4 of the Local Government
(Miscellaneous Provisions) Act 1982.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var8<[
on ]>var9<[
at ]>var10<[ to answer to the said Information.


DATED the         day of               20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ on behalf of            ]><[ Council, that you
on the ]>var5<[
at]>var6<[ in the City first aforesaid
was the holder of a Licence granted under paragraph 1 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 in
respect of ]>var7<[ in relation to which a (*term/condition/restriction) namely,]>var8<[ subject to which the Licence was held was
(*contravened/not complied with) in that




CONTRARY to Section 1 and paragraph 12(2) of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982, as amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var9<[
on ]>var10<[
at ]>var11<[ to answer to the said Information.


DATED the         day of               20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


* Delete as appropriate
If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.


                                                                                                           SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ on behalf of            ]><[ Council, that you
on the ]>var5<[
at ]>var6<[ in the City first aforesaid
You were concerned in the (organisation or management*) of a public entertainment as set out in paragraph 1 of Schedule 1 to the Local
Government (Miscellaneous Provisions) Act 1982 being a place in which no licence was in force in accordance with that paragraph.


CONTRARY to paragraph 12(1) of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982, as amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var7<[
on ]>var8<[
at ]>var9<[ to answer to the said Information.


DATED the         day of              20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


* Delete as appropriate
If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.
SUMMONS ]>var1<[
IN THE ]>var2<[ MAGISTRATES’ COURT
To:               ]>var3<[
of:               ]>var4<[


INFORMATION has this day been laid before the undersigned by ]><[ on behalf of            ]><[ Council, that you
on the ]>var5<[
at ]>var6<[ in the City first aforesaid
You being a person who knew or had reasonable cause to suspect that a public entertainment to which paragraph 1 applied would be
provided at the premises allowed the premises to be so used.


CONTRARY to paragraph 12(1) of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982, as amended.


YOU ARE THEREFORE SUMMONED to appear before the Magistrates’ Court
sitting at ]>var7<[
on ]>var8<[
at ]>var8<[ to answer to the said Information.


DATED the         day of              20




                  .....................................................................
                  Clerk to the Justices/Clerk to the Court/
                  Justice of the Peace


* Delete as appropriate
If you do not respond to this Summons, the case may be dealt with in your absence.
Please note that upon conviction the prosecution will be seeking costs against you.

								
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