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Council to consider licensing only Hackney Carriages
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Author:  captain cab [ Tue Dec 06, 2016 7:28 pm ]
Post subject:  Council to consider licensing only Hackney Carriages
Council to consider licensing only Hackney Carriages to protect public safety

The council's public protection licensing committee will consider the proposals next week

PLANS to license Hackney Carriages which operate mostly in the Vale to protect public safety are to be considered by the council.

The intended use/remote trading policy would see only vehicles which intend to operate predominantly in the council area receive a license.

The report justifies this a measure on the grounds of public safety because "if vehicles are predominantly operating outside of the area where they are licensed, then they are not available to be spot checked by officers when carrying out enforcement."

The policy is also being considered for Cardiff and Bridgend which are fellow members of the Shared Regulatory Services area.

The report states that the policy is intended to deal with the issues that arise from operators obtaining a Hackney Carriage vehicle licence in the Vale of Glamorgan which then allows them to trade as a private hire vehicle anywhere in the UK.

Whilst there is limited concern about remote trading in the Vale, best practice advocates that "prevention is better than cure," the report states.

The head of the Shared Regulatory Service already has delegated authority to revoke or suspend Hackney Carriage or private vehicle hire licences.

A 2008 High Court Judgement - Newcastle City Council v Berwick-upon-Tweed, established a principle that it was lawful for Hackney Carriages to trade as private hire vehicles, accepting only pre bookings, in a local authority area other than that which issued the licences.

Whilst this is accepted principle for journeys to and from neighbouring authorities such as Cardiff and Bridgend, the Vale council will consider ways in which to crack down on vehicles which predominately trade outside the area.

A spokesman for the Shared Regulatory Services said: "The Vale of Glamorgan Council, along with Cardiff and Bridgend councils are seeking to establish a process whereby only hackney carriages which are intended to be predominantly used within the council area are licensed and which would normally refuse licences to hackney carriages where the proprietor does not intend that the vehicle will be used in the area.

"The council is adopting the intended use policy on the grounds of public safety.

"If vehicles licensed by the Vale of Glamorgan are operating outside the area it means the vehicle cannot be effectively monitored to ensure that they are safe for the public."

The proposal will go before the council's public protection licensing committee on Tuesday, December 6.

source: http://www.barryanddistrictnews.co.uk/n ... ic_safety/
Author:  edders23 [ Tue Dec 06, 2016 7:35 pm ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
interesting idea but would it be legal ?
Author:  captain cab [ Tue Dec 06, 2016 7:44 pm ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
edders23 wrote:
interesting idea but would it be legal ?


The intended use policy is legal.
Author:  Sussex [ Tue Dec 06, 2016 9:09 pm ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
captain cab wrote:
The intended use/remote trading policy would see only vehicles which intend to operate predominantly in the council area receive a license.

I'm struggling to see on what basis a council can do otherwise?

They don't license pubs that are located outside of their area, or casinos, or sex shops or for that matter anything.
Author:  Sussex [ Tue Dec 06, 2016 9:10 pm ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
edders23 wrote:
interesting idea but would it be legal ?

We have had that policy for many years.

The council take the view that if you want to work elsewhere, then go and get licensed there.
Author:  captain cab [ Tue Dec 06, 2016 10:01 pm ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
Sussex wrote:

The council take the view that if you want to work elsewhere, then go and get licensed there.


a revolutionary idea :wink:
Author:  grandad [ Wed Dec 07, 2016 5:33 am ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
edders23 wrote:
interesting idea but would it be legal ?

Are you reading the headline and thinking that this council is not going to license private hire vehicles?
Author:  edders23 [ Wed Dec 07, 2016 7:23 am ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
grandad wrote:
edders23 wrote:
interesting idea but would it be legal ?

Are you reading the headline and thinking that this council is not going to license private hire vehicles?



no I am thinking does this fall foul of discrimination legislation the way i read it is that they are imposing a condition of not being able to work elsewhere which as a hackney you and i can do
Author:  grandad [ Wed Dec 07, 2016 9:48 am ]
Post subject:  Re: Council to consider licensing only Hackney Carriages
edders23 wrote:
grandad wrote:
edders23 wrote:
interesting idea but would it be legal ?

Are you reading the headline and thinking that this council is not going to license private hire vehicles?



no I am thinking does this fall foul of discrimination legislation the way i read it is that they are imposing a condition of not being able to work elsewhere which as a hackney you and i can do

I think the key word is "predominantly." They aren't saying that you can't work out of the area for a small part of the time otherwise you wouldn't be able to do all sorts of jobs such as airports, hospitals and people going to another town etc.
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