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| Delegated powers http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=17437 |
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| Author: | Dusty Bin [ Wed Aug 31, 2011 2:25 am ] |
| Post subject: | Delegated powers |
Delegated powers is one interesting aspect of the licensing process which is pertinent to both the 'kangaroo court' argument and as regards the varying approaches taken by local authorities throughout the UK. But I can't ever recally the issue really being discussed on TDO. Thus it was interesting to read this from the Dundee City Council licensing committee agenda as posted by 'Dundee wav' in another thread: Quote: The Committee will be aware that consideration of applications for renewal, to which there are no objections or representations, is delegated to Officers.
It is recommended that the Committee further delegate authority to the Convener and Depute Convener in consultation with the Depute Chief Executive (Support Services) to consider applications for renewal where representations from Tayside Police (as opposed to objections) have been lodged. Delegated authority would include power to grant applications with or without issuing a warning but not to refuse any applications. Any applicants affected would have the opportunity to submit their views in writing before the application is determined. This course of action will reduce the number of applications having to be dealt with by the Committee,preclude the need for special meetings being called, allow applications to be dealt with sooner than is currently possible and ensure that where any objections are lodged or the Convener and Depute Convener decline to deal with an application under delegated powers the decision to grant or refuse the application is still taken by the Committee itself having given the applicant the opportunity to be heard. Thus it would be interesting to hear the views of people throughout the country, perhaps in relation to personal experience regarding the benefits or deficiencies of delegated powers. (Perhaps this should have been posted on one a non-Scottish thread, but most of the readers seem to visit this section anyway.) |
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| Author: | Sussex [ Wed Aug 31, 2011 8:42 am ] |
| Post subject: | |
I suppose it all depends on whether or not you want the applicant to gain a license. If you do, then councillors are best, if not then officials are best. Reason being that councillors, in the main, will decide to grant when a contentious issue comes up. Whereas LOs will not. Another thing is that most licensing committees don't meet that often, some only one or twice a year. Is it reasonable to let applicants wait 6 months for a yes or no, especially if they already have a license. And of course everyone has a right of appeal to the courts. |
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| Author: | Over & Out [ Wed Aug 31, 2011 9:34 am ] |
| Post subject: | |
Sussex wrote: Another thing is that most licensing committees don't meet that often, some only one or twice a year. Is it reasonable to let applicants wait 6 months for a yes or no, especially if they already have a license. Dundee's licensing committee sits 12 times a year therefore there is no need for it to be heard by their three man committee unless they want to grant licenses to person or persons who would normally not receive one if held in open session. |
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| Author: | Stationtone [ Wed Aug 31, 2011 10:49 am ] |
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I have said for ages that meetings should be open and transparent and that delegating powers to a 3 man committee is wrong. Only yesterday a Dundee taxi driver was put on the sex offenders list , this man has been driven a taxi while awaiting trial , do you think the committee would have allowed him to keep his badge if his initial suspension hearing at the time had been open to the public ?????????????????? |
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