Bad back?

Interesting case from Dundee reported in today's Courier. It's not on the web so the stuff below is just the main bits. Not sure if the fact that Dundee has a saloon/WAV mix is relevant, but if not then this case must have implications for elsewhere in Scotland??



Dundee City Council has been told by a sheriff that it cannot compel a taxi driver to operated a WAV as a condition of his licensce.

Mr Coutie applied to the council late in 2006 for a taxi licnence, aware a policy was in place requiring the use of certain WAV vehicles by all new licence holders.

He sought exemption based on a back injury sustained while in the forces, and submitted a letter from his doctor stating medical difficulties would make it difficult for him to assist wheelchair-bound passengers.

The council refused to vary its policy and grated a licence with the standard condition.

A sheriff told the council to reconsider but, despite that judgement and a further submission about the applicant's physical limitations, the same conclusion was reached.

The sheriff said: "The bottom line is that no reasonable licensing authority properly considering the special circumstances of an application such as the pursuer's could have come to the conclusion that his was not a special case in which a departure from their policy would be appropriate."

He said it was no justification to insist on compliance with their policy in case it might be an attempt to get round the policy with the employment in due course of an able-bodied driver.

The sherrif determined that it was not appropriate to remit back to the council for further consideration, and ordered the authority to grant Mr Coutie the licence unconditionally.