Taxi drivers threaten judicial review over new single zone

Taxi drivers have threatened legal action against North Yorkshire Council’s decision to abolish hackney carriage zones.

Senior councillors backed the introduction of a county-wide zone on April 1 at a meeting last Tuesday (October 17). It means drivers can now operate anywhere across the county, rather than being limited to areas such as the former Harrogate district.

Taxi drivers say this has led to a range of problems, including drivers flocking to popular urban areas while ignoring less profitable rural areas.

Now licensing consultant David B Wilson has claimed the decision to introduce the single zone was unlawful and has threatened action.

In a letter to Barry Khan, the council’s monitoring officer, seen by the Stray Ferret, Mr Wilson gave notice that drivers had instigated a judicial review pre-action protocol.

He urged the authority to find a resolution to the matter and investigate why the council’s executive had legally approved the measure.

Mr Wilson said:

“Before instructing solicitors to pursue an application for judicial review, including service of the pre-action protocol letter before action, my clients have instructed me to write to you in the hope this matter can be finally resolved without the need for either party to incur significant further costs.

“As futile as it may be, as the challenged resolution was made with legal advice provided by you (monitoring officer) and Laura Venn (deputy monitoring officer), for the sake of completeness, my clients ask you to review the law and reconsider whether the council has acted lawfully when purportedly passing an extension resolution by the executive on 17 October 2023.”

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The move comes after Ripon-based taxi driver Richard Fieldman urged councillors to delay the decision on October 17 as legal advice he received suggested the decision should be made during a full meeting of all 90 councillors rather than by its 10-person executive.

However, in response, Cllr Greg White and the council’s chief legal officer Barry Khan both said they were satisfied the executive had the right to make the decision.

The executive then voted unanimously to confirm the abolition of the seven zones and to create the single county-wide zone.

 

County-wide zone has damaged taxi businesses, says Ripon councillor

Some taxi drivers have seen their businesses damaged due to the implementation of a single hackney carriage zone for North Yorkshire, according to a councillor.

Cllr Barbara Brodigan, Liberal Democrat councillor for Ripon Ure Bank and Spa, delivered a 238-strong petition to North Yorkshire Council’s ruling Conservative executive this morning that protests against the abolition of the previous seven zones which covered each former district council area.

The changes came into effect on April 1 and means drivers can now operate across the county, rather than being limited to areas such as the former Harrogate district.

But Cllr Brodigan said it had resulted in drivers flooding into urban areas such as Harrogate while rural villages and market towns had been left without taxis.

As part of the petition, residents were surveyed on the impact of the new single zone. Cllr Brodigan claimed one person was overcharged by £20 because a taxi driver got lost and that vulnerable residents are “wary” of drivers they don’t recognise.

Cllr Brodigan said:

“In Harrogate they are having to find extra spaces due to the influx of taxis. Over supply of taxis in hotspots are leaving rural and market towns empty.”

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Despite the single zone already being operational, a report that went before the executive said there had been a mistake in relation to the abolition of the previous seven hackney carriage zones.

Councillors were asked in the report to retrospectively confirm the abolition of the zones again to provide “emphatic clarity to its position”.

However, Ripon-based Richard Fieldman, who represented 70 hackney cab drivers, urged councillors to delay the decision as legal advice he received suggested the decision should be made during a full meeting of the council and not by its executive.

Mr Fieldman said: 

“There’s a straightforward statutory process and North Yorkshire Council failed to follow this process.

“On behalf of those I speak for I ask you not to compound an already bad position by passing an illegal position but instead refer the matter to full council for full consideration.”

In response, Cllr Greg White and the council’s chief legal officer Barry Khan both said they were satisfied that the executive had the right to make the decision.

The executive then voted unanimously to confirm the abolition of the seven zones and to create the single county-wide zone.

Taxi petition urges council to reverse ‘massive mistake’

A petition has been launched calling on North Yorkshire Council (NYC) to bring back local taxi zones, reversing a policy introduced earlier this year that local drivers have branded a “massive mistake”. 

Under the old system, each local authority in the county had its own taxi licensing zone, and drivers could only work within that area. 

But county councillors decided on February 21 that North Yorkshire would introduce a single zone for the whole of the county, meaning that drivers can now work across the region. The move was in line with “best practice” advice from the government, which advocates the policy to “allow economic forces to determine supply levels and generate cost savings for the council”.

The policy came into effect on April 1.

But Liberal Democrat Councillor Barbara Brodigan, who represents the Ripon Ure Bank & Spa division, says the single county-wide zone is failing customers and damaging the livelihoods of local drivers. She said: 

“North Yorkshire is the biggest county in the country, and it has ‘hotspots’ as well as huge rural areas. Drivers from elsewhere are now over-supplying the bigger towns, but leaving rural areas with limited or no access to taxis.”

She said local drivers had traditionally serviced the whole area – towns and villages – but are now having a lot of the lucrative town business taken away from them by competitors who have no interest in servicing the rural areas.

She added: 

“Some of these local drivers have invested up to £30,000 in their business – for the car, licence and goodwill – and are now having to compete with people from outside the area who don’t even know the area.” 

One of the people affected is Richard Fieldman, who owns A1 Cars in Ripon. He said: 

“I’d say every driver here has lost at least 25% of their income because of this policy. For example, on race day [at Ripon Racecourse], we get drivers from Skipton, Ryedale – all over – coming to Ripon and picking up fares. It’s destroying people’s livelihoods.” 

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He said the policy change had not just affected drivers, but had also had a detrimental effect on customers too. People and businesses in rural areas are finding it hard to get taxis, and disabled people are being left with fewer options. He said: 

“The increased costs and reduced incomes are forcing some drivers to sell their more expensive wheelchair-accessible vehicles and buy a cheaper saloon car instead. One guy had two of them and sold them both. It’s making finding a taxi even harder for disabled people.” 

He added that he believes that NYC has not even followed correct procedures to create the single taxi zone, so any taxis operating outside their ‘home’ zones are technically breaking the law.

According to Cllr Brodigan, the decision was flawed from the outset, as councillors didn’t take into account the response to a question asked in a NYC survey prior to the council vote, which asked: “Do you agree or disagree with the proposal for a single zone for North Yorkshire?”. Fifty-two per cent of respondents – a clear majority – disagreed. 

Mr Fieldman said: 

“The whole thing is just a mess. Council officers don’t seem to know what’s going on, and drivers aren’t being informed of new changes. It’s destroyed the taxi trade, not just for drivers, but for the public too.

“The council is due to review this policy in April to assess how well it’s gone. When they do, I’d urge them to bring back the seven local taxi zones, and reverse this massive mistake.” 

The Stray Ferret approached NYC for comment, but has yet to receive a reply.