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Eastbourne Borough Council v Stirling & Anor, Court of Appeal - Administrative Court, October 31, 2000, [2000] EWHC Admin 410
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Case No: CO/1508/2000
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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
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Mr Nicholas Hall (instructed by Eastbourne Borough Council Legal Services Dept) appeared for the Appellant
Mr James King-Smith (instructed by Mayo & Perkins, eastborne, BN21 4RP) appeared for the Respondents
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Judgment
As Approved by the Court
Crown Copyright ©
Lord Justice Pill:
1. This is a prosecutor's appeal against a decision of Mr Kevin John Gladwell, acting stipendiary magistrate for the County of East Sus***, sitting at Eastbourne on 7 February 2000. The magistrate dismissed informations against Mr Charles William Stirling and Mr Robert John Morley alleging that each of them, being the driver of a private hire vehicle was found plying for hire with the vehicle on the west forecourt of Eastbourne railway station without a licence to ply for hire having previously been obtained under section 37 of the Town Police Clauses Act 1847 ("the 1847 Act"), contrary to section 45 of the Act. Mr Stirling is alleged to have infringed on 28 May 1999 and Mr Morley on 29 May 1999.
2. It is conceded that the respondents were not license...
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