John Coutie V. Dundee City Council
| Jurisdiction | Scotland |
| Judge | Sheriff R.A. Davidson |
| Court | Sheriff Court |
| Date | 23 April 2008 |
| Docket Number | B876/07 |
| Published date | 23 April 2008 |
JUDGMENT OF SHERIFF R.A. DAVIDSON
B876/07 John Coutie
v
Dundee City Council
Act : Miss Buchanan
Alt: Woodcock
Dundee, 21st. April, 2008,
The sheriff, having resumed consideration of the cause, refuses the first plea-in-law for the pursuer but sustains his second plea-in-law; repels the first and second pleas-in-law for the defenders; accordingly sustains the appeal, the defenders not having exercised the discretion conferred upon them in a reasonable manner; determines that it is not appropriate to remit the cause to the defenders for further reconsideration; deletes from the pursuer's taxi licence any requirement that he should put on service as a taxi a vehicle with European Whole Volume Type Approval; ordains the defenders to grant to him a taxi licence which does not require him to place on service any wheelchair accessible vehicle and otherwise unconditionally; finds the defenders liable to the pursuer in the expenses of the cause; allows the pursuer to prepare an account thereof and lodge same with the auditor of court to tax and to report.
NOTE
Statutory Provisions:
- Civic Government (Scotland) Act esp. s.10, 13 and 20 and Schedule One
Paragraphs 5, 17 and 18.
"10. (1) A licence, to be known as a "taxi licence" or, as the case may be, a "private hire car licence," shall be required for the operation of a vehicle as
(a) a taxi; or
(b) a private hire car.
(2) A licensing authority shall not grant or renew a taxi licence or a private hire car licence unless they are satisfied that the vehicle to which the licence is to relate is suitable in type, size and design for use as a taxi or private hire car, as the case may be, and is safe for that use, and that there is in force such a policy of insurance or such security as complies with Part VI of the Road Traffic Act 1972.
(3).......................
(4) A vehicle shall, for the purposes of subsection (2) above, be treated by a licensing authority-
(a) as being suitable in type, size and design if it complies with regulations in that regard made by the Secretary of State under s. 20(2) of this Act in respect of their area and
(b) as not being so suitable if it does not so comply.
13. (1) A licence, to be known as a " taxi driver's licence," or, as the case may
be, a "private hire car driver's licence," shall , subject to subsection (2)
below, be required for driving or otherwise having charge of a taxi or
private hire car.
(2).................
(3) ...................
(4) A licensing authority may, at any time, for the purposes of satisfying
themselves that he is physically fit to drive a taxi or, as the case may
be, a private hire car, require an applicant for or the holder of a taxi
driver's licence or private hire car driver's licence to submit to medical
examination, at their expense, by a medical practitioner nominated by
them.
20.(1) Notwithstanding paragraph 5(2) of Schedule 1 to this Act, the
Secretary of State may by regulations provide that licensing authorities
shall, in relation to taxi, private hire car, taxi drivers' or private hire car
drivers' licences, impose such conditions or classes of conditions as
may be prescribed in regulations and shall not impose such other
conditions or classes of conditions as may be so prescribed and may
provide that such conditions shall be imposed or, as the case may be,
not imposed for different areas or classes of areas; and different
conditions or classes of conditions may be prescribed in relation to
different categories of taxi or private hire car.
(2) The Secretary of State may by regulations made by statutory
instrument prescribe types, sizes and designs of vehicles for the
purposes of Section 10(4) of this Act, and, in doing so, may prescribe
different types, sizes and designs of vehicles in respect of different
areas.
Schedule 1
Para. 5(1) Where an application for the grant or renewal of a licence has been made to a licensing authority they shall, in accordance with this paragraph -
(a) grant or renew the licence unconditionally;
(b) grant or renew the licence subject to conditions; or
(c) refuse to grant or renew the licence.
Para 17(1) A licensing authority shall, within 10 days of being required to
do so under sub-paragraph (2) below, give reasons in writing for
arriving at any decision of theirs under this Schedule -
(a) to grant or renew a licence or to refuse to do so
(b) ...............................
Para. 18 (1) Subject to sub-paragraph (2) below, a person who may, under
this Schedule, require a licensing authority to give him reasons
for their decision may appeal to the sheriff against that
decision.
(7) The sheriff may uphold an appeal under this paragraph only if
he considers that the licensing authority, in arriving at their
decision, -
(a) erred in law;
(b) based their decision on any incorrect material fact;
(c) acted contrary to natural justice; or
(d) exercised their discretion in an unreasonable manner.
(9) On upholding an appeal under this paragraph, the sheriff may-
(a) remit the case with the reasons for his decision to the
licensing authority for reconsideration of their decision; or
(b) reverse or modify the decision of the authority."
- Disability Discrimination Act, 1995 esp ss. 1, 4-6, 32, 36 and 39 :-
" 1. Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
4. - (1) It is unlawful for an employer to discriminate against a disabled person-
(a) in the arrangements which he makes for the purpose of determining to whom he should offer employment;
(b) in the terms on which he offers that person employment; or
(c) by refusing to offer, or deliberately not offering, him employment.
(2) It is unlawful for an employer to discriminate against a disabled person whom he employs-
(a) in the terms of employment which he affords him;
(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;
(c) by refusing to afford him, or deliberately not affording him, any such opportunity; or
(d) by dismissing him, or subjecting him to any other detriment.
(3) Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless-
(a) that provision differs in a material respect from the provision of the benefits by the employer to his employees; or
(b) the provision of the benefits to the employee in question is regulated by his contract of employment; or
(c) the benefits relate to training.
(4) In this Part "benefits" includes facilities and services.
(5) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.
(6) This section applies only in relation to employment at an establishment in Great Britain.
5. - (1) For the purposes of this Part, an employer discriminates against a disabled person if-
(a) for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
(b) he cannot show that the treatment in question is justified.
(2) For the purposes of this Part, an employer also discriminates against a disabled person if-
(a) he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and
(b) he cannot show that his failure to comply with that duty is justified.
(3) Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
(4) For the purposes of subsection (2), failure to comply with a section 6 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial.
(5) If, in a case falling within subsection (1), the employer is under a section 6 duty in relation to the disabled person but fails without justification to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with the section 6 duty.
(6) Regulations may make provision, for purposes of this section, as to circumstances in which-
(a) treatment is to be taken to be justified;
(b) failure to comply with a section 6 duty is to be taken to be justified;
(c) treatment is to be taken not to be justified;
(d) failure to comply with a section 6 duty is to be taken not to be
justified.
(7) Regulations under subsection (6) may, in particular-
(a) make provision by reference to the cost of affording any benefit; and
(b) in relation to benefits under occupational pension schemes, make provision with a view to enabling uniform rates of contributions to be maintained.
6. (1) Where-
(a) any arrangements made by or on behalf of an employer, or
(b) any physical feature of premises occupied by the employer,
place the disabled person concerned at a substantial disadvantage in
comparison with persons who are not disabled, it is the duty of the
employer to take such steps as it is reasonable, in all the circumstances of
the case, for him to have to take in order to prevent the arrangements or
feature having that effect.
(2) Subsection (1)(a) applies only in relation to-
(a) arrangements for determining to whom employment should be
offered;
(b) any term, condition or arrangements on which employment,
promotion, a transfer, training or any other benefit is offered or afforded.
(3) The following are examples of steps which an...
To continue reading
Request your trial