Taxi Driver Online

our council has just done a new policy


https://www.canterbury.gov.uk/media/146 ... 120417.pdf

Here council puts out a draft for discussion which it did
plenty of drivers made representations most of which were ignored(we're used to that}

then they put it before community committee for rejection/acceptance/ modification
then send it to policy and resources committee for adoption by council

this time a few amendments were suggested in our favour like removing colour condition in favour of preferred colour

they changed our maximum on license age from 3 to 2 years old but claimed in writing any age would be considered subject to licensing discretion also officers is recorded as stating any vehicle upon 10 years old would be allowed
which is much free er than we currently had
this is a mine field as anyone will know as its open to one person view point

anyway between the 2 committees licensing added the words to the older vehicles allowed " meets euro 6 diesel and euro`4 petrol requirements

I spotted this as soon as I looked Policy committee voted it in but Ive argued that this edition was agreed by Community committee and was not part of any draft
and therefore shouldn't be there
Council disagree and claim they are entitled to do as they please the changes made were in red and policy could have rejected them
the meeting is recorded and no mention of these changes was made though an admission by 2 councillors they hadn't read the document was made

my question is if I make a legal challenge by way of a judicial review or through the courts is it likely to be successful or are we just lumbered with it

Ive had an email from head of neighboured services thats says although it states Euro 6 this is just one of the factors and council may not consider it when we go before them
but in my experience if its in the policy it gives them to right to say NO its not a euro6 car which if over 2 years old at this time is highly likely

It is common ground that the principles applicable to consultation are set out in the decision of the Court of Appeal in R v North and East Devon HA ex parte Coghlan 2001 QB 213 at para 108 in the following terms:

“It is common ground that, whether or not consultation of interested parties and the public is a legal requirement, if it is embarked upon it must be carried out properly. To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken R v Brent London Borough Council ex parte Gunning 1985 84 LGR 168. ”




pursuant to the pre-action protocol pointing out that a decision in principle had been taken in advance of any consultation so as to render unlawful

The Sedley Requirements
There are four Sedley requirements. First, that consultation must be at a time when proposals are still at a formative stage. This means a public authority cannot wait until it has identified a definite solution (R v North & East Devon HA, ex p Pow (1998) 1 CCLR 280). It must embark on the consultation process prepared to change course if persuaded to do so (R v Barnet LBC, ex p B [1994] ELR 357, 375C). It cannot make the decision in principle and then consult (R (Sardar) v Watford BC [2006] EWHC 1590 (Admin)). Nor can it start by excluding an option and so denying any real opportunity to present a case on it (R (Medway Council) v SS Transport [2002] EWHC 2516 (Admin) at [32]). Salami tactics are impermissible: as by consulting first on what model of decision to adopt, and only later consulting on the impact for those affected, thus preventing informed and integrated response (R (Parents for Legal Action Ltd) v Northumberland CC [2006] EWHC 1081 (Admin) [2006] LGR 646).

Secondly, the proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response. The reasons given must be the true reasons, not incorrect or misleading (R (Madden) v Bury MBC [2002] EWHC 1882 (Admin) (2002) 5 CCLR 622 at [58]). Consultees should be told the criteria intended to be adopted and what substantially important factors were intended to be considered (R (Capenhurst) v Leicester CC [2004] EWHC 2124 (Admin) at [46]). Fairness may also require that relevant documentary advice not be withheld from a consultee (R v SS Health, ex p US Tobacco [1992] 1 QB 353; R (Edwards) v Environment Agency [2006] EWCA Civ 877). It is not necessary to set out the arguments against the proposal (R (Beale) v Camden LBC [2004] EWHC 6 (Admin) [2004] LGR 291).

Thirdly, adequate time must be given for consideration and response. Adequate time should be given even in a case of urgency (R (Westminster CC) v Mayor of London [2002] EWHC 2440 (Admin) [2003] LGR 611 at [27]). The public authority cannot wait until the matter is so urgent that consultation is said to be impracticable (Pow). A few weeks may suffice, but a few days is unlikely to do so (R v SS Education, ex p NUT 14th July 2000 unrep.).

Fourthly, the product of consultation must be conscientiously taken into account in finalising any proposals. But that does not mean there must be an independent external evaluation (Parents for Legal Action) or a particular type of fresh assessment of needs (Bishop). The decision-maker may be permitted an appropriate ‘political’ predisposition (Westminster at [27]).

The GUNNING principles
1.Consultation must take place when the proposal is at a formative stage.
2.Sufficient reasons must be put forward for the proposal to allow the intelligent consideration and response
3.Adequate time must be given for conduction and response and
4.The product of consultation must be conscientiously taken into account.

I think the Council would argue that when they went out to consultation the decision wasn't even under consideration and came about as a result of the consultation.

_________________
Grandad,

Although I consider that that council ignored what w had to say during consultations

i am also in acceptance that they will give what they consider valid reasons for ignoring
when draft went before community committee all responses sent to council where recorded and all had licensing response
best it for or against
Its not the consultation I have issue with

its after consrultioan and first reading by community committee and them then agreeing to move it forward to policy committee
subject to a few wording changes in favour of the trade not the council I have the issue as it was at this point council chose
to add in details not previously mentioned or discussed namely the Euro6 complaint engine as a consideration for licensing a car older than 2 years

council claims all amendments where in red for all to see
but as far as i can make out no mention of this was made to councillors


I believe if council had included this at outset it would have met with wholesale disapproval and challenges by adding it in after consultation and without any reference from any councillor they knew it wouldn't be challenged
and they then get to restrict us further
its these amendments that I want to challenge not the whole policy or process

lets all pack in at 23.59 hrs tonight

let the licensing explain to school transport why no kids got picked up monday morning

_________________
Of all the things ive lost, i miss my mind the most

Taxi and private hire licensing does not cover carriage of a passenger as an ancillary or incidental part of another service, eg cars provided by hotels for their guests.
Hmm they should be enforcing it and licensing it or we can all go and work for the local kebab shop.

This policy encourages newer and cleaner vehicles for the majority of licensed vehicles but each application will be considered on its individual merits to ensure that the overall quality and safety of licensed vehicles is maintained thereby providing the appropriate and necessary commercial opportunities for local businesses to compete with out of area businesses.

So there are no age restrictions?

Driving
All taxi and private drivers must also pass the Driving Standards Agency (DSA) taxi driving test or similar approved test.
Note: Private hire drivers will not have to take this test if it is not included in the national standards set by the Secretary of State in due course.

A bit out of date and what so special about private hire drivers that they don't need a test and hackneys do?

The council’s constitution explains how decision-making powers are delegated to councillors and officers.

I would get a copy of this.

Dual badge holders
If a driver wishes to convert his / her current hackney driver or private hire driver badge to a dual driver’s badge, the fee due is the full dual badge fee, less the pro-rata value of the fee remaining on the current badge, plus an administration fee to cover costs of up-dating records, and producing new badges and completing a dual badge test. An application to convert to a dual badge will be treated as if it is a new application and as such the council will consider (a) whether the applicant is a ‘fit and proper person’ and / or (b) whether there are any current issues to consider, eg enforcement proceedings and appeal hearings.

Very strange if they issue dual badges surely every driver would have one, the cost should be the same, so god knows why they don't just issue dual to everyone.

Private hire fares are the reasonable amounts agreed between driver and customer.

Don't think so, should be agreed at the time of booking as to the basis of charge.

A medical certificate is valid for a period of three years up to the age of 70 years. Once a driver is 70, he / she needs a new medical certificate each year. A medical certificate should be renewed at least 14 days before its expiry date.

Must be one of the few councils not using the DVLA medical standards.

An operator’s licence is granted for a period of two or five years. The fee for an operator’s licence is (a) pro-rata for the period applied for and (b) based on the number of cars they operate. An operator must also fulfil the test to be a ‘fit and proper person’ to hold a licence. They should therefore hold a driver’s badge or satisfy the requirements for a driver as set out in part three above.

Operators licences are for 5 years, only in exceptional circumstances can they be issued for less and only applies to individuals not companies.