A court has dismissed a Guildford taxi driver’s appeal against the borough council’s livery policy and told him he must repay them £11,000.

Ben Simmonds claimed the council’s taxi livery policy amounts to a licence condition and should be removed from his licence.

He was one of several taxi drivers to raise objections to the borough council’s decision to implement a new policy requiring drivers of its fleet to change the colour of their cars to the local authority’s "corporate teal" shade.

During a previous hearing in November 2016 at Guildford Crown Court , the driver said the livery policy amounted to a licence condition and should be removed from his licence.

The taxi driver then took the appeal to the High Court. However, the High Court dismissed the appeal deciding it is reasonable to attach conditions on licences which relate to council policy.

The High Court judge dismissed that appeal last Thursday (October 26), finding the reasons for the livery, such as protecting public safety, are sound and reasonable.

The court awarded the council an additional £2,000 in costs. The appellant now owes the council £11,000 in costs for this and other appeal cases.

But Mr Simmonds has said he now intends to take the matter to the Court of Appeal.

Guildford Borough Council's lead councillor for licensing and community safety, Cllr Graham Ellwood, said: "I'm delighted with the ruling made by the High Court.

"My hope now is that this judgement brings to an end the legal challenges that have diverted the council from other important work to help taxi drivers.

"This has caused delays in implementing a policy aimed at raising standards and protecting the travelling public.”

The policy change was previously challenged at Redhill Magistrates' Court in July 2016 and at Guildford Crown Court in November 2016.

At each stage, costs have been awarded to Guildford Borough Council .

​​​Cllr Ellwood added: “Guildford will now have a fleet of easily identifiable, liveried taxis from January 1 2018.

"I would like to remind drivers that they need to make arrangements to livery their taxis as soon as possible to ensure they are not off the road after this deadline.”

Speaking to Get Surrey , Mr Simmonds said he would take the case to the Court of Appeal.
"There is no evidence that a livery is reasonably necessary," he said.

"GBC has based this on the Rotherham taxi scandal. They say it is necessary to protect the public. It did not protect the children of Rotherham, at that time they were already liveried."

http://www.getsurrey.co.uk/news/surrey-news/court-dismisses-guildford-taxi-drivers-13837757
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