Record of Correspondence between The Sherlock Holmes Museum, The Royal Parks Agency, and the Secretary of State for Culture Media and Sport - Mr James Purnell MP Whereby The Sherlock Holmes Museum seeks permission to drive a horse-drawn carriage through the Royal Parks of Central London - in the 21st Century. The Hansom Cab operated by The Sherlock Holmes Museum is the only remaining working example of such a vehicle in the world, and is a symbol of London's Victorian heritage. Photos.
THE
SHERLOCK HOLMES MUSEUM
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Dear Mr Aidiniantz Thank you for your email. As you say, you have
been in touch with this organisation before about driving your hansom carriage through The Royal
Parks. The position has not changed and park regulations restrict advertising in
the Royal Parks.
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Dear Mr
Aidiniantz
Monday, October 01, 2007
Horse riding has taken place in the Royal Parks since their creation and horses are a familiar and much loved feature of many of the parks today. This organisation does not, as you say, have anything against horses. There are restrictions on advertising in the parks and your proposal breaches the regulations in this respect. David McLaren |
Hello Mr Mclaren 1st October 2007Unfortunately we do not have Government funding and therefore must rely upon sponsorship to run the carriage. It would not be feasible to remove advertising from our vehicle simply because we wish to travel along the roads of the Royal Parks. Whilst we are on the subject of funding, can you please let me know why the Royal Parks Agency considers advertising on taxis and tour buses to be permissible under the regulations, but not on privately owned horse-drawn vehicles? John Aidiniantz |
To The Royal Parks Agency Mr David McLaren - Head of Policy Dear Mr McLaren 4th October 2007 Can you please reply to the question I have posed in my earlier email to you of 1st October 2007: "please let me know why the Royal Parks Agency considers advertising on taxis and tour buses to be permissible under the regulations, but not on privately owned horse-drawn vehicles?" If the Royal Parks Agency has created an exemption for trade vehicles such as motor taxis and tour buses carrying advertising to pass along the park roads, either by way of licence or acquiescence, then to exclude our hansom cab from passing along the park roads would I believe be an affront to a sense of fairness. Let me take the opportunity of reminding you of the following principle of public law: The Wednesbury principle, which dates from 1948, states that public bodies are required to be reasonable in the decisions that they make. It is the criteria used by the court when a judicial review case is taken to it-it is the basis on which public bodies are taken to judicial review. The Wednesbury principle of unreasonableness is used to determine whether the decision taken was one that no reasonable person could have come to. Without question, therefore, reasonableness is in the body of law and is an obligation on public bodies. I bring this to your attention only because we do not intend to let this matter rest much longer. We intend to drive our horse-drawn hansom cab up the the gates of St James's Park while tour buses and taxis are entering the park, and to publicise via television and the press, the unfairness and unreasonableness of the Agency's policy towards horse-drawn traffic. I await to hear from you in response to our question raised above, and to receive any other comments you might wish to make at this stage. John Aidiniantz |
To The Royal Parks
Agency Mr David McLaren - Head of Policy Dear Mr McLaren
2nd November 2007
It appears that I have not received any response to my earlier email of 4th October 2007, which was a 'chasing' email as a result of the non-response to my previous email dated 1st October 2007. I pose the question again, set out in my emails of 1/10/07 and 4/10/07: "can you please let me know why the Royal Parks Agency considers advertising on taxis and tour buses to be permissible under the regulations, but not on privately owned horse-drawn vehicles?" I would also ask you to acknowledge that your response to my original request of 13/9/07 was not appropriate nor applicable to the circumstances of our request: "The position has not changed and park regulations restrict advertising in the Royal Parks. We are therefore unable to agree to your proposals. I should add that there are other practical challenges to do with traffic management and the short notice road closures which also cause difficulties." I await to hear your response. Yours faithfully, John Aidiniantz |
Dear Mr
Aidiniantz
Friday, November 02, 2007
Thank you for your email. You want to carry out a commercial activity in the Royal Parks. You have sought permission and this has been refused. The Royal Parks are unique and special places and this organisation seeks to limit the number of commercial activities it permits. Under the Regulations, taxis have long been permitted in the Parks. As you note, some do carry advertising and specific permission has been granted by Ministers for this. We also issue a limited number of individual licenses for coaches who bring people to visit the parks. David McLaren |
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The Royal Parks Agency Mr David McLaren - Head of Policy Dear Mr McLaren, 2nd November 2007 Thank you for your reply dealing with the matters raised in my emails of 1/10/07 and 4/10/07 which carries no explanation for the one month delay in receiving your response. We have not suggested that we wish to carry out any commercial activity in the Royal Parks, just as we have not suggested any need for short notice road closures. I appreciate that the Royal Parks are intended to provide a respite from the surrounding urban landscape and commercial activities, aside of course from the usual pop concerts, fun fairs, and other money-making activities licensed throughout the year by the Royal Parks Agency, are therefore generally not permitted in the Royal Parks. We merely wish to travel along the Park Roads with our horse-drawn hansom cab without let or hindrance, for the purpose of traversing across the Royal Parks, as other taxis and coaches are allowed to do. I do not know if our hansom cab falls within the definition of a 'commercial vehicle' in the sense referred to in the regulations, but it certainly falls within the definition of a hackney carriage, in so far as it consists of a hackney horse and carriage of the type specifically used in late Victorian times for licensed hackney carriages; and we use it not merely for commercial purposes, but sometimes also for charitable occasions. You have indicated that the Secretary of State for Media Culture and Sport has provided permission for motorised hackney carriages (taxi's) carrying advertising to pass along the Park Roads, and therefore I would be grateful if you would respond in a timely manner with more information about when this permission was granted and under what Act of Parliament. I believe we would have strong grounds for claiming that it must be held unreasonable and somewhat perverse to allow motorised hackney carriages carrying advertising to pass along the park roads, but not if a hackney carriage is pulled by a horse. In any event, I would like to learn more about the ministerial permission to which you are referring. John Aidiniantz |
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To The Royal Parks Agency Dear Mr McLaren, 5th November 2007 Thank you for your prompt response. We do not wish to carry out any commercial activity in the Royal Parks and do not wish to licence our hansom cab for use as a taxi, and I apologise if we have even mentioned the thought. What we wish to do is to simply drive the hansom cab along the Park Roads in order to get from one side of a park to another. We have no wish to stop to engage in any commercial activity. We cannot be expected to make a lengthy detour should we wish for example to get from Hyde Park Corner to Parliament Square, and vice versa. This is not fair on the horse and not fair on us. I appreciate that you hands are tied and that under the regulations one cannot drive along the park roads with a hansom cab, because of the following: Acts
in a Park for which written permission is required (27) drive or ride any vehicle which is constructed, adapted or in use for the purpose of a trade or business except as specified in Part I of Schedule 2 to these Regulations.
I was hoping however that you could act in a fair way, having regard for the fact that the Royal Parks Agency seems to licence every other type of activity under the sun - from rock concerts to the recent London-Brighton run (all of the vehicles of which carried heavy sponsorship signs from the Daily Mail).
I will therefore forward this correspondence to the Secretary of State for the National Heritage in the hope that common sense might prevail to allow a traditional horse-drawn hansom cab, which is a British icon, to once again pass along the Park Roads as they were permitted to do in Victorian Times.
Yours faithfully, John Aidiniantz |
| The Secretary
of State for National Heritage Mr James Purnell MP House of Commons London SW1 7th November 2007 Dear Mr Purnell, As you can see from the enclosed correspondence, we have been unsuccessful in seeking permission from the Royal Parks Agency to drive a Victorian horse-drawn hansom cab along the Park Roads in the various Royal Parks. We recently had the embarrassment of having to explain to a distinguished overseas visitor Mt Vasily Livanov OBE the reason why we would not be able to drive past the gates of Buckingham Palace, even though he had previously obtained his honour from the Queen! Here is a picture of his recent trip to London being driven
in our hansom cab: I think you will agree that it does not convey the right impression to our overseas visitors if we have to stop at the park gates to tell them to get out and walk, because we cannot enter the park, while other taxis and coaches can enter without hindrance. This is neither fair nor reasonable. We therefore seek your permission to drive along the Park Roads with our horse-drawn hansom cab during normal park opening hours, so as not to contravene the following clauses under the park regulations: Acts in a Park for which
written permission is required (27) drive or ride any vehicle which is constructed, adapted or in use for the purpose of a trade or business except as specified in Part I of Schedule 2 to these Regulations (ie., Taxis).
We would be grateful to receive the permission requested once you have had an opportunity to consider the matter. If I can assist further, please let me know. Yours faithfully, John Aidiniantz CC David McLaren |
| Dear Mr Aidiniantz,
10th December 2007 Thank you for your e-mail requesting permission for your horse drawn hansom cab to be driven through the Royal Parks. Previous requests for permission have been refused by The Royal Parks and I have obtained, from their Head of Policy, David McLaren, a copy of the previous e-mail correspondence. I was wondering if you could perhaps supply some more detail about the exact nature of your hansom cab operation. Apart from being used for special or charitable occasions, can anybody go for a ride in it, and how much do they pay ? Is there any sort of timetable element, or a set route for ‘normal’ customers ? Would a set route go through any of the Royal Parks if it could, or are you just looking for permission from the Parks so you can drive through them if you need to ? Grateful for any additional information you can supply. Thanks, Chris Green |
| To Mr Chris
Green Royal Estates & Ceremonial Branch Department of Culture Media and Sport. Dear Mr Green 10th December 2007 Hansom Cab - Permission to drive along Park Roads We are seeking a general permission to be able to drive along the park roads with our hansom cab. We do have any any set time or route in mind, because much will depend on the purpose of the journey and the park itself. We will not be plying for hire because we are not a licensed taxi and have no wish to pick up passengers on an ad hoc basis. Pedestrian cannot therefore book a ride in our hansom by hailing it, and therefore there are no setting-down or pick-up locations to consider. Individuals or organisations would pre-book the hansom cab for a particular occasion, and depending on the nature of the booking, we may need to traverse one of the Royal Parks in Central London, such as Regent's Park, Hyde Park, or St James's Park. The minimum fee for hiring the hansom cab would be in the region of £400 - so it would be reserved for special occasions such as Wedding Anniversaries or charity functions, whereby a ride in the hansom cab might be given as a prize in a raffle. We are not proposing to operate tours with the hansom cab, because the cost of a tour would be prohibitive, but as I have already mentioned, special journeys for VIPs could be booked, and these journeys may involve the necessity to enter one of the Royal Parks. In most cases however, the hansom cab may not need to enter any of the Royal Parks and would remain on the public roads. The operation requires about £100,000 per year to run, and as we have explained in our correspondence with the royal Parks Agency, part of this funding would be achieved via sponsorship, with the placing of discreet advertising on the hansom cab. If we had lottery money we would not need to display any sponsorship material. I do not share any of the concerns expressed by Mr McClaren in his email to us of 27th September 2007 in regard to the possible need to consider short notice road closures: "You have been in touch with this organisation before
about driving your hansom carriage through The Royal Parks. The position has not changed
and park regulations restrict advertising in the Royal Parks. We are therefore unable to
agree to your proposals. I should add that there are other practical challenges to do with
traffic management and the short notice road closures which also cause difficulties."
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| Dear Mr
Aidiniantz,
Monday, January 14, 2008 Thank you for your e-mail of 10 December, providing me with more detail about your Hansom cab operation. By charging a fee for hiring the cab, the Museum is clearly engaging in a commercial activity. David McLaren’s e-mail to you dated 2 November states that your application was refused as The Royal Parks need to limit the number of commercial activities they permit. However, in their correspondence with you, The Royal Parks have offered a solution which would enable your hansom cab to be driven through the parks. Unfortunately, the Department is unable to overrule the final decision of the Royal Parks, which was made in accordance with their regulations. Please accept my apologies for the delay in replying. Yours sincerely Chris Green |
Hello Mr Green
14th January 2008
Thank you for your reply to our request for permission to drive a hansom cab along the roads of the Royal Parks. You state that in their correspondence with us, The Royal Parks Agency have offered a solution which would enable us to drive our hansom cab along the park roads. I assume that the solution you are alluding to is for us to remove any advertising that the hansom cab displays, which unfortunately cannot and will not be done. It would be like asking taxis to cover up their advertising while they drive through the Royal Parks, which frankly would be a stupid and impractical request to make. Yet the same request as I understand is being asked of us by the Royal Parks Agency and now it seems also by the Secretary of State. Can you suggest any sensible or fair reason why Taxis should be allowed to pass along the park roads carrying advertising, while our hansom cab should be obliged to remove its sponsor's advertisements? I believe that The Royal Parks Agency have a responsibility not to act like a despotic landowner by depriving the public and tourists coming to London of the opportunity of seeing a working example of one of London's historic icons on the roads of the capital. If we need to push for a Private Member's Bill to get our hansom cab into the Royal Parks, then this is an option we will consider, aside from the legal question of unreasonableness. In my capacity as a director of a popular heritage museum in Central London, I have to say that the lack of support from your department is really quite lamentable, as it displays a noticeable lack of interest in London's heritage. One can only question in these circumstances the role that the Secretary of State of Culture Media and Sport is serving in terms of promoting England's cultural treasures, and the point of your working in the department apart from drawing a salary? The same question of course needs to be put to Mr McLaren. If I can assist further, please let me know.
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To The Secretary of State for Culture Media and Sport Mr James Purnell MP 21st January 2008 Dear Mr Purnell, Most cities in the world would be expected to do all they can to encourage the promotion of their cultural heritage, yet here in London we find a situation were the custodians of our cultural heritage - principally your department - wishes to exclude a horse-drawn hansom cab from entering the Royal Parks, with the result that it cannot get from one part of London to another without having to make needless trips around the perimeters, while the horse itself is deprived of the opportunity of obtaining some fresh air and peace that the parks can offer. The hansom cab is a symbol of London, if not of England. Instead of putting up obstacles to its operation, you ought be giving every encouragement so that this remarkable vehicle can be seen by the public in operation, and not just in a static museum setting. The pretext that the Royal Parks Agency and your department has used for denying us permission to enter the Royal Parks is the fact that the hansom cab carries a discreet advertisement from sponsorship advertising, yet no suggestion has been made that permission would be granted were we to remove the advertisement! The question of the advertisement therefore is exposed for what it is: a red herring. The Royal Parks Agency permits thousands of taxis displaying advertising panels to enter the Royal Parks every day. Mr McLaren of The Royal Parks Agency states that permission for this advertising has been specifically granted by your department, but there is no evidence that such permission has ever been granted. The Agency does not preclude sponsorship advertising when it grants a licence to commercial events organisers such as the London to Brighton rally. Every vehicle in that event carries the sponsor's advertisement from The Daily Mail. Numerous other events from Rock concerts to exhibitions all carry sponsor advertising. What is the actual position of your department in relation to granting permission for the hansom cab to enter the Royal Parks? (a) The department would grant permission if no advertisements were displayed while travelling along the park roads. (b) Permission would not be granted, regardless as to whether any advertisements are displayed. If (b) applies, let us not continue the pretence of the possibility of permission being granted. Simply state in an honest manner that permission to enter the Royal Parks is denied. In that case all parties will clearly know their position, and that it has nothing to do with section 4 (8) of the Royal Parks regulations relating to the display of advertisements. If I can assist further please let me know. John Aidiniantz |
| 25th
January 2008
Dear Mr Aidiniantz, |
