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Council wins crown court taxi appeal
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Author:  captain cab [ Mon Apr 23, 2012 11:08 am ]
Post subject:  Council wins crown court taxi appeal

Strange, we appear to have missed this!


Council wins crown court taxi appeal


Shropshire Council has won a court case which upholds a decision taken in the interests of public safety to refuse to grant a taxi licence, because the vehicle would not be used mostly in the county.

A judge at Shrewsbury Crown Court has backed the decision of the council’s Licensing and Safety Sub-Committee to refuse to grant a hackney carriage vehicle licence to Mr Kaiser Latif from Birmingham.

The committee refused the licence on the grounds they could not be satisfied that the vehicle would be plying for hire to a material extent within the Bridgnorth zone for which he had applied.

On Friday 24 February Latif lost his crown court appeal against the decision and was ordered to pay costs of £300.

The judge, sitting with lay magistrates, found in favour of the council, taking into account all the information that was considered by the committee as well as the council’s newly agreed out-of-area taxi policy.

The council has a duty to ensure that it licenses drivers in line with High Court guidance, which includes the requirement that hackney carriages mostly operate in the council area, in the interests of public safety. If drivers from outside the county are not operating as agreed, this undermines these safeguards and means they cannot be effectively monitored to ensure the vehicles are safe.

Shropshire Council’s Cabinet agreed the ‘Intended Use Policy for the Licensing of Hackney Carriages’ policy on 8 February 2012. This came after a significant increase in demand for taxi licences in Shropshire, with the majority of hackney carriage applicants based outside the county. The policy sets out a clear position and procedure under which decisions will be made on hackney carriage applications where the intention is not to work mostly within the Shropshire Council area.

An enforcement campaign is also being carried out to ensure that, where licences are granted, the drivers are working mostly within the relevant Shropshire zone. The enforcement work includes checking records to confirm where the vehicles are working, out of hours monitoring exercises which can ultimately lead to licences being revoked if necessary, and sharing information with other councils.

Councillor Steve Charmley, Shropshire Council’s Cabinet member with responsibility for licensing, said:


“This is a great result. It shows that our policy and decision making is robust and is taken in the best interests of the public.

“Shropshire has sent a clear message to applicants or drivers who have been issued with licences to operate in the county, that if they have no intention to work here or they are unable to provide evidence that they are working predominantly in Shropshire, this practice in unacceptable and we will challenge it. We are pleased that the courts have supported our approach in this case and are confident about our approach in dealing with this practice.”


Councillor Peter Adams, chair of the licensing committee, added:


“It is important in protecting the safety of the public that we thoroughly process and issue licences, which includes consideration of the licensing of out-of-area hackney carriage vehicles.

“At the same time, we are carrying out work to enforce licensing conditions and have reviewed the drivers knowledge test to require a more thorough knowledge of the area in which drivers operate, to help ensure that passengers get a fair deal and reach their destination safely.”


Hackney carriage vehicles do not have to be pre-booked and can be hailed on the street. Private hire vehicles must be pre-booked, and customers should be quoted the exact fare when the booking is made.

source: http://shropshire.gov.uk/news/2012/03/c ... xi-appeal/

Author:  edders23 [ Mon Apr 23, 2012 11:21 am ]
Post subject:  Re: Council wins crown court taxi appeal

Interesting scenario then having issued hundreds of licenses they are having a change of heart

Author:  captain cab [ Mon Apr 23, 2012 11:37 am ]
Post subject:  Re: Council wins crown court taxi appeal

edders23 wrote:
Interesting scenario then having issued hundreds of licenses they are having a change of heart



which says something about the foolishness of issiuing them in the first place.

CC

Author:  Sussex [ Mon Apr 23, 2012 7:36 pm ]
Post subject:  Re: Council wins crown court taxi appeal

captain cab wrote:
Strange, we appear to have missed this!

You say we, I say you. :wink:

Author:  Sussex [ Mon Apr 23, 2012 7:38 pm ]
Post subject:  Re: Council wins crown court taxi appeal

Quote:
“Shropshire has sent a clear message to applicants or drivers who have been issued with licences to operate in the county, that if they have no intention to work here or they are unable to provide evidence that they are working predominantly in Shropshire, this practice in unacceptable and we will challenge it. We are pleased that the courts have supported our approach in this case and are confident about our approach in dealing with this practice.”

A most welcomed comment, but one has wonder why they allowed the situation to arise in the first place.

Surely wasn't a case of a LOs wanting the money to ensure they kept their jobs. :roll:

Author:  captain cab [ Mon Apr 23, 2012 9:24 pm ]
Post subject:  Re: Council wins crown court taxi appeal

http://www.shropshire.gov.uk/committee. ... endocument

huge problem looking at the number of applications

Author:  captain cab [ Mon Apr 23, 2012 9:30 pm ]
Post subject:  Re: Council wins crown court taxi appeal

looking back at the last 3 council meetings....I wonder who'll tire first....the applicants or the council????

Author:  captain cab [ Mon Apr 23, 2012 11:30 pm ]
Post subject:  Re: Council wins crown court taxi appeal

Sussex wrote:
Quote:
“Shropshire has sent a clear message to applicants or drivers who have been issued with licences to operate in the county, that if they have no intention to work here or they are unable to provide evidence that they are working predominantly in Shropshire, this practice in unacceptable and we will challenge it. We are pleased that the courts have supported our approach in this case and are confident about our approach in dealing with this practice.”

A most welcomed comment, but one has wonder why they allowed the situation to arise in the first place.

Surely wasn't a case of a LOs wanting the money to ensure they kept their jobs. :roll:


could they go for case stated and finally end this madness?

CC

Author:  Sussex [ Tue Apr 24, 2012 7:17 am ]
Post subject:  Re: Council wins crown court taxi appeal

captain cab wrote:
could they go for case stated and finally end this madness?

If they lost yes, but they won.

The appellant could appeal, but he wont.

Author:  captain cab [ Tue Apr 24, 2012 7:26 am ]
Post subject:  Re: Council wins crown court taxi appeal

Sussex wrote:
captain cab wrote:
could they go for case stated and finally end this madness?

If they lost yes, but they won.

The appellant could appeal, but he wont.



is that not a bit daft.....they're refusing about 10 applications per meeting at the moment.

Author:  Sussex [ Tue Apr 24, 2012 7:35 am ]
Post subject:  Re: Council wins crown court taxi appeal

captain cab wrote:
is that not a bit daft.....they're refusing about 10 applications per meeting at the moment.

It would take about a year to get to the High Court, and by then hopefully all the non-local local taxis will be gone anyway.

Author:  edders23 [ Tue Apr 24, 2012 9:23 am ]
Post subject:  Re: Council wins crown court taxi appeal

Don't you believe it if they are anything like the Peterborough asian community they are like pit bull terriers they never let go till they have got their way Nobody is going to stop them getting a nice cash job as a cabbie/PH driver where they have the comfort zone of a mostly asian trade and can pull every trick in the book to live tax free with a nice benefits package

Author:  Brummie Cabbie [ Tue Apr 24, 2012 10:39 am ]
Post subject:  Re: Council wins crown court taxi appeal

captain cab wrote:
Strange, we appear to have missed this!


Council wins crown court taxi appeal


Shropshire Council has won a court case which upholds a decision taken in the interests of public safety to refuse to grant a taxi licence, because the vehicle would not be used mostly in the county.

A judge at Shrewsbury Crown Court has backed the decision of the council’s Licensing and Safety Sub-Committee to refuse to grant a hackney carriage vehicle licence to Mr Kaiser Latif from Birmingham.

The committee refused the licence on the grounds they could not be satisfied that the vehicle would be plying for hire to a material extent within the Bridgnorth zone for which he had applied.

On Friday 24 February Latif lost his crown court appeal against the decision and was ordered to pay costs of £300.

The judge, sitting with lay magistrates, found in favour of the council, taking into account all the information that was considered by the committee as well as the council’s newly agreed out-of-area taxi policy.

The council has a duty to ensure that it licenses drivers in line with High Court guidance, which includes the requirement that hackney carriages mostly operate in the council area, in the interests of public safety. If drivers from outside the county are not operating as agreed, this undermines these safeguards and means they cannot be effectively monitored to ensure the vehicles are safe.

Shropshire Council’s Cabinet agreed the ‘Intended Use Policy for the Licensing of Hackney Carriages’ policy on 8 February 2012. This came after a significant increase in demand for taxi licences in Shropshire, with the majority of hackney carriage applicants based outside the county. The policy sets out a clear position and procedure under which decisions will be made on hackney carriage applications where the intention is not to work mostly within the Shropshire Council area.

An enforcement campaign is also being carried out to ensure that, where licences are granted, the drivers are working mostly within the relevant Shropshire zone. The enforcement work includes checking records to confirm where the vehicles are working, out of hours monitoring exercises which can ultimately lead to licences being revoked if necessary, and sharing information with other councils.

Councillor Steve Charmley, Shropshire Council’s Cabinet member with responsibility for licensing, said:


“This is a great result. It shows that our policy and decision making is robust and is taken in the best interests of the public.

“Shropshire has sent a clear message to applicants or drivers who have been issued with licences to operate in the county, that if they have no intention to work here or they are unable to provide evidence that they are working predominantly in Shropshire, this practice in unacceptable and we will challenge it. We are pleased that the courts have supported our approach in this case and are confident about our approach in dealing with this practice.”


Councillor Peter Adams, chair of the licensing committee, added:


“It is important in protecting the safety of the public that we thoroughly process and issue licences, which includes consideration of the licensing of out-of-area hackney carriage vehicles.

“At the same time, we are carrying out work to enforce licensing conditions and have reviewed the drivers knowledge test to require a more thorough knowledge of the area in which drivers operate, to help ensure that passengers get a fair deal and reach their destination safely.”


Hackney carriage vehicles do not have to be pre-booked and can be hailed on the street. Private hire vehicles must be pre-booked, and customers should be quoted the exact fare when the booking is made.

source: http://shropshire.gov.uk/news/2012/03/c ... xi-appeal/

There's something really weird here as the date of the original article appears as 2nd March 2012.

Are we sure that the now aggrieved drivers are not planning to appeal to a higher court and that is what is being anticipated on cab ranks?

Author:  captain cab [ Tue Apr 24, 2012 10:53 am ]
Post subject:  Re: Council wins crown court taxi appeal

Brummie Cabbie wrote:
There's something really weird here as the date of the original article appears as 2nd March 2012.

Are we sure that the now aggrieved drivers are not planning to appeal to a higher court and that is what is being anticipated on cab ranks?


I did state in the original post......Strange, we appear to have missed this!


CC

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