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| Disciplinary process - licenholders' rights! http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=21718 |
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| Author: | Jasbar [ Thu Mar 28, 2013 11:59 am ] |
| Post subject: | Disciplinary process - licenholders' rights! |
Donald, I would be grateful if you would advise me of the following: 1. What is the council's process in handling complaints made against me as a taxi driver? 2. What are my obligations as a licence holder in respect of responding to such a complaint? 3. What are my rights, as recognised by the council, in respect of responding to such a complaint to a licensing or other council official? 4. How would my rights be notified to me in respect of such a complaint by a licensing or other council official, and when would such notification made? 5. What are my rights, as recognised by the council, in respect of responding to such a complaint to the Police Cab Inspector? 6. How would my rights notified to me in respect of such a complaint by the Police cab Inspector, and when would such notification made? Also: 7. What consideration has the council given in respect of the European Convention of Human Rights and the Human Rights Act 1998, or other pertinent legislation, to a complaint hearing administered by the Regulatory Committee and its Licensing sub-committee - in particular what are my rights in respect of such a hearing and how would the council advise me of them? 8. In terms of 7. above, what specific consideration has the council given to holding such hearings in secret? 9. Given that the Committees dispense punishments in terms of suspension of licence until renewal, and which can vary with the variable length of time with each case's individual licence renewal date, what consideration has the council given to the process to ensure that each individual's right to equality before the Law is satisfied. 10. What measures does the council undertake to ensure that similar cases are treated equally with each other? Could you please respond to the above on a point by point basis. Yours |
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| Author: | Jasbar [ Thu Mar 28, 2013 12:00 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Dear Mr Taylor, thank you for your e-mail. I will discuss with Services of Communities and a detailed reply will be provided as soon as possible. Regards Donald Macleod Principal Solicitor (Licensing) Legal, Risk and Compliance Corporate Governance Business Centre 3.1, Waverley Court 4 East Market Street, Edinburgh, EH8 8BG Tel 0131 5294304 Fax 0131 529 4207 E-mail donald.macleod@edinburgh.gov.uk |
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| Author: | Jasbar [ Thu Mar 28, 2013 12:01 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Dear Mr macleod Thank you for your reply. It occurs to me that this information should be readily available and you would have no difficulty responding timeously. Of course, should it not be, then may I suggest that you consider that the council's procedures are in error in Law, and that the rights of those who are subjected to the claims (complaints) process are being breached. The consequence of failing to accord individuals their fundamental rights, is that the councils procedures are not fit for purpose. This being the case, the council would be breaching its statutory obligations in continuing to hold hearings without meeting the rights of those called before the committees, and until this matter is properly addressed. This would also mean that those who have previously been brought before the committee, and whose rights have been breached, have been subjected to an illegal procedure. You will appreciate my concern. Yours |
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| Author: | skippy41 [ Thu Mar 28, 2013 7:53 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Jasbar are you stirring it again , or have you been a naughty boy
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| Author: | Private Reggie [ Thu Mar 28, 2013 10:59 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Time of the month !!! Full moon !!! Is it ! |
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| Author: | Jasbar [ Sun Mar 31, 2013 8:58 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Private Reggie wrote: Time of the month !!! Why does it not surprise me that a big girl's blouse like you menstruates
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| Author: | Jasbar [ Sun Mar 31, 2013 9:01 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Jasbar wrote: Dear Mr macleod Thank you for your reply. It occurs to me that this information should be readily available and you would have no difficulty responding timeously. Of course, should it not be, then may I suggest that you consider that the council's procedures are in error in Law, and that the rights of those who are subjected to the claims (complaints) process are being breached. The consequence of failing to accord individuals their fundamental rights, is that the councils procedures are not fit for purpose. This being the case, the council would be breaching its statutory obligations in continuing to hold hearings without meeting the rights of those called before the committees, and until this matter is properly addressed. This would also mean that those who have previously been brought before the committee, and whose rights have been breached, have been subjected to an illegal procedure. You will appreciate my concern. Yours Donald Macleod 28 Mar (3 days ago) to me Dear Mr Taylor, Thanks for your e-mail. I will discuss with Services for Communities. Your query will require a detailed and considered response and we will revert you as soon as possible. Regards Donald Macleod Principal Solicitor (Licensing) Legal, Risk and Compliance Corporate Governance Business Centre 3.1, Waverley Court 4 East Market Street, Edinburgh, EH8 8BG Tel 0131 5294304 Fax 0131 529 4207 E-mail donald.macleod@edinburgh.gov.uk |
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| Author: | Jasbar [ Sun Mar 31, 2013 9:10 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Jasbar wrote: Jasbar wrote: Dear Mr macleod Thank you for your reply. It occurs to me that this information should be readily available and you would have no difficulty responding timeously. Of course, should it not be, then may I suggest that you consider that the council's procedures are in error in Law, and that the rights of those who are subjected to the claims (complaints) process are being breached. The consequence of failing to accord individuals their fundamental rights, is that the councils procedures are not fit for purpose. This being the case, the council would be breaching its statutory obligations in continuing to hold hearings without meeting the rights of those called before the committees, and until this matter is properly addressed. This would also mean that those who have previously been brought before the committee, and whose rights have been breached, have been subjected to an illegal procedure. You will appreciate my concern. Yours Donald Macleod 28 Mar (3 days ago) to me Dear Mr Taylor, Thanks for your e-mail. I will discuss with Services for Communities. Your query will require a detailed and considered response and we will revert you as soon as possible. Regards Donald Macleod Principal Solicitor (Licensing) Legal, Risk and Compliance Corporate Governance Business Centre 3.1, Waverley Court 4 East Market Street, Edinburgh, EH8 8BG Tel 0131 5294304 Fax 0131 529 4207 E-mail donald.macleod@edinburgh.gov.uk Plain truth is that anyone who is currently being required to appear before the licensing committee, or who is the subject of any stage of a complaint being made against them, is entitled to ascertain beforehand precisely what rights they have in respect of the process they're being subjected to. What Donald is saying is council-speak for the fact the City of Edinburgh Council has no guidelines, which I already knew. They're buying time to craft some, or to try to justify why they don't. This is NOT how councils should behave. The council is fully aware of what's required, because they have processes in place for dealing with their own staff. Which they are entitled to; not because they are council staff per se, but because they are human beings, just like licence holders, who have human rights conferred by the ECHR, HRA and Equalities legislation. And the Council would ignore these at their own legal peril. No matter what they craft now, I suggest that those already stiffed by the committees have been done so illegally. Because we are NOT aware of rights having been advised to those complained against - EVER. So, the situation is, if they come back with licence holders having no right to be advised of their rights, then we truly do live in a police state. And I can't wait to see how they would square that with Human Rights. And if they come up with some procedures which they claim does satisfy the query, then we already know they haven't practiced what they preach. Now this has been delegated to the Community Services officer. I suggest it should have been handed to a real lawyer. Donald may be replying with bravado. But in the absence of the quick response because the processes are already in place, he's really telling us the council is once more in devious mode. And Gusmac. This is precisely what the Scottish Government should be sorting. And until they clear out the nest of vipers that is our councils, we're clearly not ready for Independence. BTW had a guy in the car who told me that if we didn't vote for independence the streets would run with blood. Claimed that retaining the queen is only a ruse to persuade folks to vote yes, After Independence there would be another referendum to become a true republic. How appealing would that be? But why not tell us beforehand? Be honest, show us the vision, and let us decide on its merits. |
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| Author: | Private Reggie [ Sun Mar 31, 2013 9:15 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Jasbar wrote: Private Reggie wrote: Time of the month !!! Why does it not surprise me that a big girl's blouse like you menstruates ![]() I'm offended, Time for Action I was talking about a werewolf who lurks around Hanover and the Omni, I sware it's when the full moon rises I fear, beware you have been warned
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| Author: | Jasbar [ Sun Mar 31, 2013 9:31 pm ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Private Reggie wrote: Jasbar wrote: Private Reggie wrote: Time of the month !!! Why does it not surprise me that a big girl's blouse like you menstruates ![]() I'm offended, Time for Action I was talking about a werewolf who lurks around Hanover and the Omni, I sware it's when the full moon rises I fear, beware you have been warned ![]() A word of advice Dougie. When the council official monitoring these posts reads this, and realises that you are insane, and therefore a danger to the public, and requires you and your doctor to appear before them to explain yourself, remember to ask beforehand what your rights are. |
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| Author: | gusmac [ Mon Apr 01, 2013 4:20 am ] |
| Post subject: | Re: Disciplinary process - licenholders' rights! |
Jasbar wrote: Jasbar wrote: Jasbar wrote: Dear Mr macleod Thank you for your reply. It occurs to me that this information should be readily available and you would have no difficulty responding timeously. Of course, should it not be, then may I suggest that you consider that the council's procedures are in error in Law, and that the rights of those who are subjected to the claims (complaints) process are being breached. The consequence of failing to accord individuals their fundamental rights, is that the councils procedures are not fit for purpose. This being the case, the council would be breaching its statutory obligations in continuing to hold hearings without meeting the rights of those called before the committees, and until this matter is properly addressed. This would also mean that those who have previously been brought before the committee, and whose rights have been breached, have been subjected to an illegal procedure. You will appreciate my concern. Yours Donald Macleod 28 Mar (3 days ago) to me Dear Mr Taylor, Thanks for your e-mail. I will discuss with Services for Communities. Your query will require a detailed and considered response and we will revert you as soon as possible. Regards Donald Macleod Principal Solicitor (Licensing) Legal, Risk and Compliance Corporate Governance Business Centre 3.1, Waverley Court 4 East Market Street, Edinburgh, EH8 8BG Tel 0131 5294304 Fax 0131 529 4207 E-mail donald.macleod@edinburgh.gov.uk Plain truth is that anyone who is currently being required to appear before the licensing committee, or who is the subject of any stage of a complaint being made against them, is entitled to ascertain beforehand precisely what rights they have in respect of the process they're being subjected to. What Donald is saying is council-speak for the fact the City of Edinburgh Council has no guidelines, which I already knew. They're buying time to craft some, or to try to justify why they don't. This is NOT how councils should behave. The council is fully aware of what's required, because they have processes in place for dealing with their own staff. Which they are entitled to; not because they are council staff per se, but because they are human beings, just like licence holders, who have human rights conferred by the ECHR, HRA and Equalities legislation. And the Council would ignore these at their own legal peril. No matter what they craft now, I suggest that those already stiffed by the committees have been done so illegally. Because we are NOT aware of rights having been advised to those complained against - EVER. So, the situation is, if they come back with licence holders having no right to be advised of their rights, then we truly do live in a police state. And I can't wait to see how they would square that with Human Rights. And if they come up with some procedures which they claim does satisfy the query, then we already know they haven't practiced what they preach. Now this has been delegated to the Community Services officer. I suggest it should have been handed to a real lawyer. Donald may be replying with bravado. But in the absence of the quick response because the processes are already in place, he's really telling us the council is once more in devious mode. Up until this point, I'd say your bang on. Quote: And Gusmac. This is precisely what the Scottish Government should be sorting. And until they clear out the nest of vipers that is our councils, we're clearly not ready for Independence. Let's hope they don't follow the UK's lead then. They're planning to withdraw from the EU, ECHR and I believe repeal the HRA. All of which would blow your case clean out of the water. And just in case it doesn't, they now have form for writing law and applying it retrospectively to make their illegal actions legal. Quote: BTW had a guy in the car who told me that if we didn't vote for independence the streets would run with blood. Claimed that retaining the queen is only a ruse to persuade folks to vote yes, After Independence there would be another referendum to become a true republic. How appealing would that be? But why not tell us beforehand? Be honest, show us the vision, and let us decide on its merits. Some believe the UK will occupy Scotland by force if the vote doesn't go their way. Another thought Nigel Farage was God and will rule by divine right. I even had one who reckoned that little green men would arrive from Mars to save the union. I won't bother asking you to comment on their ravings and I expect the same courtesy from you. But here's one you maybe can answer, since it seems beyond most unionists. Why is it we are better together? One might suspect the answer is Nike, Reebok or Dr Martens, since they all look uncomfortably towards their shoes while mumbling because we are whenever they are asked. |
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