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PostPosted: Wed Sep 07, 2005 8:35 pm 
:lol:


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PostPosted: Wed Sep 07, 2005 8:39 pm 
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MR T wrote:
Sussex......What is a non taxi..mrT :oops:

Something other than a taxi. :?

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PostPosted: Wed Sep 07, 2005 8:41 pm 
:lol:


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PostPosted: Wed Sep 07, 2005 8:46 pm 
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MR T wrote:
Sussex wrote:
MR T wrote:
Sussex......What is a non taxi..mrT :oops:

Something other than a taxi. :?


You mean a bus :wink: mr T...

Or maybe an elephant, who knows?

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PostPosted: Wed Sep 07, 2005 11:09 pm 
It is perhaps of assistance to point out that under section 16(b) the licensing authority can adopt a reasonably broad approach in asking itself whether or not it is satisfied that there is no significant demand for the hackney carriage within the area to which the licence would apply which is unmet.

The authority in my view is entitled to consider the situation in relation to the area as a whole. It is also entitled to consider the position from a temporal point of view as a whole. It does not have to condescend into a detailed consideration as to what may be the position in every limited area of the authority in relation to a particular time of day. The authority is required to give effect to the language used by the section and can ask itself with regard to the area as a whole whether or not it is satisfied that there is no significant demand."

That was quoted approvingly (although it had to be in the circumstances) in the case of Gayfor -v- Wakefield M.B.C. That is an interesting case to this extent, what appears to have happened there was that there was an application for a hackney carriage licence, it was refused by the local authority. "On appeal against the Council's decision the Crown Court held that the Council had not established that there was not a significant unmet demand for taxis in the district and allowed the appeal.

The Council thereupon commissioned a survey on the extent of unmet demand and decided to grant five further licences. The applicants sought further licences and the Council refused the application. The applicants appealed to the Crown Court and appeared before the same Bench as had previously allowed the appeal. The Crown Court, with its previous decision in mind, determined that the evidence revealed no significant unmet demand and the Council's decision was correct." In other words, by then the local authority had in their support an independent survey. And during argument there, again dealing with the question of "blips", if I can put it in that way, a delay of up to twenty minutes on a Saturday night it was submitted could not possibly be regarded as less than significant, but that was not something approved of in the judgment and it was basically said that Lord Justice Woolf's approach was right.


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PostPosted: Sat Sep 10, 2005 4:16 am 
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Umm a fascinating bit of Law, tell me Mr Sussex what about the people who get on the bus and have not even conseidered catching the taxi? the bus pulls away and the taxi is left standing?

As for the PH stalking, let them do it, it gives customers a choice..not everyone wants to get in to a WAV type vehicle.


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PostPosted: Sat Sep 10, 2005 7:24 am 
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187ums wrote:
Umm a fascinating bit of Law, tell me Mr Sussex what about the people who get on the bus and have not even conseidered catching the taxi? the bus pulls away and the taxi is left standing?

I can't see you point, but if the customer chooses between a bus and a cab, when both are available, then that's not SUD.

It's only SUD when customers want a cab, but have to get a bus.

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PostPosted: Sun Sep 11, 2005 1:42 am 
:lol:


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PostPosted: Sun Sep 11, 2005 2:50 am 
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There is only one umet demand that "sussex" can focus on and that is his demand for a FREE plate. Nothing else matters or concerns him.


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