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Letter about Licences from Council Solicitor
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Author:  Jinky [ Tue Nov 10, 2009 5:04 pm ]
Post subject:  Letter about Licences from Council Solicitor
AliT, Gusmac,

Received a letter from the council today telling me that there will be a sub-committee meeting in early Dec to consider applications.

The following 3 options appear to be available (from council solicitor)

Grant applications on a first come first served basis-Applications would be considered and generally granted in the order the application was received by the council.

Grant first to applicants from the list of Interested Parties based on their points position.- This would involve considering and generally granting applications to the first applications on the IPL and refusing applications from other persons on the IPL who had lower points and other persons who were not on the IPL.

Grant to applicants selected by a draw.

Out of the first 27 live applications none were on the IPL list.


There are currently 114 live applications with 28 of these from the IPL which IMO takes care of the 28 licences up for grabs.
I think by the wording of this letter it has already been decided that the IPL will be used..

Thoughts gentlemen please
Author:  grandad [ Tue Nov 10, 2009 5:34 pm ]
Post subject: 
Are you sugesting that not all applications will be sucessfull? From reading previous posts I thought this was a gimme.
Author:  Sussex [ Tue Nov 10, 2009 5:40 pm ]
Post subject: 
grandad wrote:
Are you sugesting that not all applications will be sucessfull? From reading previous posts I thought this was a gimme.

Whatever the outcome I have no doubt there will be legal proceedings that follow. :-$
Author:  gusmac [ Tue Nov 10, 2009 6:34 pm ]
Post subject: 
Quote:
Grant applications on a first come first served basis-Applications would be considered and generally granted in the order the application was received by the council.


Illegal. Each application must be considered on it's own merits, not judged against the others. There is either demand or their isn't. They must grant all live apps. Anything else is illegal.

Quote:
Grant first to applicants from the list of Interested Parties based on their points position.- This would involve considering and generally granting applications to the first applications on the IPL and refusing applications from other persons on the IPL who had lower points and other persons who were not on the IPL.


Illegal. IPL has no legal standing.

Quote:
Grant to applicants selected by a draw.


Illegal. There is no provision for a lottery in the CGSA 1982

If this is the case, CEC are going down the "we'll do what we like" route again.
Another court case in the offing if they do.
Author:  dug [ Tue Nov 10, 2009 7:46 pm ]
Post subject: 
weve got 21 days to provide our comments in writing and am goin for the draw as i love a wee flutter..funny how the letter says leaving" 28 taxi licences available" and they just so happen to have 28 exactly from ipl..
Author:  ALI T [ Tue Nov 10, 2009 7:47 pm ]
Post subject: 
gus is bang on

but as i said previously it all comes down to the resolve of the applicant.
this is what cec are depending on,this letter is to test youre resolve they are calling your bluff,who will flinch and who will fall.
well thats entirely up to the applicants I'm afraid.
my experience Say's that most will take the sweetener and accept their money back,more fool them eh.
for those that don't,the plates are theirs.
nuff said! though it will fall on deaf ears,as usual.
after all, a letter from your local authority must be right,they wouldn't break the law would they
Author:  ALI T [ Tue Nov 10, 2009 8:01 pm ]
Post subject: 
dug wrote:
weve got 21 days to provide our comments in writing and am goin for the draw as i love a wee flutter..funny how the letter says leaving" 28 taxi licences available" and they just so happen to have 28 exactly from ipl..

its dead simple
don't reply.
why do there job for them,they are trying to get you! to hang yourself oot tae dry.
Author:  dug [ Tue Nov 10, 2009 8:01 pm ]
Post subject: 
It doesnt say anything about money back :?:
Author:  Jinky [ Wed Nov 11, 2009 4:23 pm ]
Post subject: 
Dug,

why do you want to reply to the council?, can't you see they are testing the water on the responses they get back. Let the council do the job they are paid for without the help of the applicants..

For example if 60% of applicants suggest the 'Lucky Dip' then that might happen and the council will have something to reply with when in court, ie We asked applicants and they wanted the draw. Give them no information, what for, why should people make it easier for them, let them do the job they are paid for.
Listen to AliT he knows what he is talking and for that matter when it comes to this situation JT & Skull.

When you submitted your application was there anything stipulated on the form about an IPL or a 'Lucky Dip' ? NO THERE WAS NOT so therefore why do you want to accept this rubbish??
Author:  gusmac [ Wed Nov 11, 2009 4:44 pm ]
Post subject: 
ALI T wrote:
dug wrote:
weve got 21 days to provide our comments in writing and am goin for the draw as i love a wee flutter..funny how the letter says leaving" 28 taxi licences available" and they just so happen to have 28 exactly from ipl..

its dead simple
don't reply.
why do there job for them,they are trying to get you! to hang yourself oot tae dry.


I agree - don't reply.
Anyone who does reply and states for example that they want a lottery, could (and I stress could) be giving away their right to gain their plate from the sheriff.
I can hear the council argument now:
    ..But, your honour, this applicant agreed to the lottery..he's just a bad loser....

Why give them ammunition? It's their problem, not yours.
Author:  dug [ Wed Nov 11, 2009 6:59 pm ]
Post subject: 
Jinky would you like them to put on all 114 cause i wouldnt..if thats what you want well you are listening to the right people as they want it an open market I dont..already spoke to people and they have gone for draw and a lot more people will want a draw as they are not on list and not in first 28..me am just gonna sit and watch the now :-|
Author:  Jinky [ Wed Nov 11, 2009 7:30 pm ]
Post subject: 
Gusmac, AliT

The Letter in full.

At it's meeting on 28th August the Council's Regulatory Committee accepted the conclusion in the report by Halcrow Consulting that there is evidence of a significant demand for taxi services in Edinburgh which is unmet and that 30 new taxi licences were required to be dealt with. also, at that meeting there were two pending applications for taxi licences which required to be dealt with. As there was evidence of significant unmet demand for taxis, the Committee had no legal basis for refusing the applications and therefore granted those two applications leaving 28 taxi licences available.

114 applications for new taxi licences have now been received. An additional application, which had previously been refused by the Licensing Sub - Committee on 1st April 2009, has just been remitted back to the council for reconsideration by the Sheriff. The Sheriff has ordered that this application has to be considered at the next available Licensing Sub- Committee, and this application will be considered on 13th November 2009.

Of the actual applications received, the first 27 (in order of the date of application) are from persons who were not on the now closed, List of Interested Parties. 28 applications are from persons on the said list.

It is intended that all applications will be individually considered by the council's Licensing Sub - Committee. I am presently preparing a report for the Regulatory Committee asking them how they wish the Licensing Sub - Committee to consider and allocate available licences between all applicants.

The views of all applicants, objectors to these applications, persons on the Interested Parties List, representatives on the Hire Car Consultation Group and any other interested parties are being sought as to how and in what order applications should be considered and how available licences should be allocated.

The following 3 options appear to be available

Grant applications on a first come first served basis-Applications would be considered and generally granted in the order the application was received by the council.

Grant first to applicants from the list of Interested Parties based on their points position.- This would involve considering and generally granting applications to the first applications on the IPL and refusing applications from other persons on the IPL who had lower points and other persons who were not on the IPL.

Grant to applicants selected by a draw.

You are provided with 21 days from the date of this letter to provide us with your comments in writing. If you have any other suggestions to make as to how licenses should be considered or allocated please include these.

It is intended that all responses will be collated and provided, along with a covering report, to a special meeting of the Regulatory Committee at the beginning of December, with the Licensing Sub - Committee meeting shortly thereafter to consider all applications individually. It is intended that all applicants and objectors would be provided with an opportunity to address the Sub-Comittee in relation to individual applications. The Sub-Committee is required to consider all applications on their own merits.

Please send your response to me at the undernoted address.
Author:  grandad [ Wed Nov 11, 2009 9:17 pm ]
Post subject: 
Well to me it seems that they are only going to grant 28 more licenses. They are not going to grant 114 licenses.
Author:  gusmac [ Thu Nov 12, 2009 5:24 am ]
Post subject: 
grandad wrote:
Well to me it seems that they are only going to grant 28 more licenses. They are not going to grant 114 licenses.


If the applicants all hold their nerve, they will all get licences.
Either from the council or the courts.
Author:  grandad [ Thu Nov 12, 2009 7:57 am ]
Post subject: 
gusmac wrote:
grandad wrote:
Well to me it seems that they are only going to grant 28 more licenses. They are not going to grant 114 licenses.


If the applicants all hold their nerve, they will all get licences.
Either from the council or the courts.


Some one should start a "book" on how many licenses are granted. What odds will I get for 28?
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