Taxi Driver Online

He has done for a long time. He also did the Stockport signage case. However, he is pizzing in the wind with regards Burnley and you know it.

Don't be surprised if you hear off another council following hard on the heals of Burnley?

Regards

JD

I wonder if the decision was reasonable?

The LA, from the report have an established policy of having surveys and would seemingly act on the results of the survey.

In this case they havent.

The question really is given the evidence in front of them is the decision reasonable?

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

A council can remove restrictions any time it pleases? The only thing it has to consider by "LAW" is the consultation process. You already know that, so why are you flying a kite about acting on the result of a survey?

I find it hard to believe that after all that's been said on here about the process of removing quantity controls you could come out with a comment like that?



In this particular instance it's not a case of the decision being reasonable because the courts have already determined that removing restrictions is not "unreasonable" under any circumstances and a survey has nothing whatsoever to do with a council's right to remove restrictions. The only thing relevant is the consultation process being fair but you know that already?

A survey is to protect a policy of restriction it has no other worthwhile use but you also know that too?

Regards

JD

More likely into about £50,000+ of legal bills.

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IDFIMH

I have read zillions of SUD surveys, and never have I read one that tells a council they can't de-limit if they wish too.

Let's hope the Burnley trade consult a lawyer/barrister quickly that knows licensing law a tad better than this mush.

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IDFIMH

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IDFIMH

I tend to believe if a council wants to deregulate it is going to, I just dont see why a council should waste tax payers money and in the process give people false hope, I would have hoped any right minded person would see it the same way.

I tend to disagree with you and the DFT about the survey being a policy of restriction, I see a survey as the best possible method to ascertain demand.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Taxi Strike Threat at Christmas

SHOPPERS and partygoers could face chaos this Christmas as black cab drivers in Burnley have threatened to strike.

The argument centres over Burnley Council's Executive Committee decision to delimit the number of Hackney Carriage licences in the town – a decision which drivers say could put them out of business.

Now the Hackney Carriage Association has said a Christmas strike is "a very real possibility" and its members are considering hiring a QC to take Burnley Council to court.

In a heated exchange at Burnley Town Hall this week, association chairman Mr Mohammed Ibrar and a Manchester solicitor hired by the drivers, Mr Aubrey Isaacson, outlined their concerns.

The long-standing argument began in 2003 when a survey found that public demand for black cabs far outstripped supply, leading councillors to increase the number of licences from 34 to 52.

But opposition from drivers forced Burnley Council to stand down the issue and a more recent survey – presented in September – did not find any unmet demand.

But despite these latest findings, Burnley Council's Executive this week voted to remove the limit on the number of black cabs allowed on local streets altogether – to the fury of drivers.

The council has said it is following Government guidelines, which say it should deregulate the industry and let the market find its own level.
Coun. Peter Doyle said: "I believe in a free market and in competition. Why should the taxi industry be the exception? I know that customers would want as much choice as possible."

Speaking after the meeting, Mr Ibrar said: "Feelings are running very high, and we feel we're being ignored by the council. We have a number of experienced drivers who have been working in the town for more than 20 years and could be forced out of business by this decision."

The Hackney Carriage Association members are to meet to discuss their next step and talks are also to be held with the local Private Hire Association.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Missed this one, from the day before!


Council hits back at cabbies' claims
By Telegraph newsdesk
BURNLEY Council has hit out at cabbies who claim a decision to deregulate the number of black cab licences it hands out could be seen as racist.

The authority's executive has agreed to no longer limit the number of Hackney Carriage drivers it allows to operate in the borough - a move which has angered drivers.

As reported in Tuesday's Lancashire Telegraph, Hackney Carriage drivers have appointed a solicitor to pursue their fight and take the council to court because they claim the authority has ignored expert advice which said there was no demand to increase the 34 licences it grants.

Advertisement continued...
Their solicitor Aubrey Isaacson also stated because all of the borough's Hackney Carriage drivers were from ethnic minorities some could view the authority's actions to open the market as racist.

Now after councillors opened up the market the two are set for a showdown in court.

Sue Graham, licencing officer for the council, told the meeting, out of 66 people who had expressed an interest in becoming a driver, 64 were from Asian heritage.

Coun Peter Doyle said Hackney Carriage drivers could not be an exception and that every other trade in the borough was open to competition.

He added: "To introduce race into this argument is an absolute disgrace.

"It was not an issue and never will be an issue."

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I suppose in that case it makes you wonder why restricted councils only found the need for surveys after 1986 when legislation told them they couldn't limit numbers. Councils didn't think a survey was the best way for measuring demand before 1986 and if section 16 wasn't in place they still wouldn't spend 20 grand to measure demand today? Their way of measuring demand was by imposition of their will granted them by an outdated act of parliament which is specific to the horse and cart. In other words councillors know best, when in fact councillors have proven time and time again that they know absolutely F.... All and yet you and your supporters place so much faith in councillors because you know you have more than half a chance of manipulating them.

Regards

JD

I'm sorry JD I have to disagree with you.

The act doesn't say surveys and you know that

if, but only if, the person authorised to grant licenses is satisfied there is no significant unmet demand for the services of hackney carriages (within the area to which the license would apply) which is unmet.

within the area to which the license would apply

now that term strikes me as a strange one, because according to my sources a significant number of trafford hackney carriages are covering Manchester's unmet perhaps even latent demand

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I think you are being overly kind towards me JD, I mean, you and your supporters? please JD.

I know legislation was originally intended for the horse and cart, but I am yet to be persuaded that anything new would be better than the current mish mash of laws we have.

Indeed, I would suggest that the current crop of laws would be included in any new legislation.

I find it quite amazing that this year saw the repeal of section 75 (1) (b), which paradoxically meant licensing departments embracing people and vehicles who for the most part didn't want to be part of the licensing system. And you are now suggesting we should have an entirely different system?

That's cool by me, lets have a one tier system, everything hackney carriage and lets call them all 'taxis'.

Now that DDA? where did i leave it? ahh, okay, all PH need to be embraced into current HC requirements, which includes vehicle requirements, because whatever we do, we don't want to see standards drop, particularly for the most vulnerable in our society.

Testing of vehicles, well we have three tests per year, cant let our high standards go by the wayside now can we? So three tests for everyone.

Age limits on first and subsequent licensing? Yep lets have those too. 18 months on first and 5 on subsequent? cool!

So that's vehicle standards sorted, everything WAV.

Okay, next lets sort out driver standards.

Well, the DSA test for all seems pretty apt, we have them here and we cannot let our standards drop can we? they don't have them in some areas, but $crew em, they will now.

The CRB enhanced check, seems fair enough, we have them so can everyone else.

Knowledge tests, well, we are cab drivers, we need to know where we're going! lets have those too, even if I just work in a village on the Pennines.

hehe

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I never said the act did say surveys, what I did say and I might add, "specifically", was this.......

I suppose in that case it makes you wonder why restricted councils only found the need for surveys after 1986 when legislation told them they couldn't limit numbers.

I think saying, "found the need for surveys" is completely different than saying "they had to have a survey by law"? You know very well I know the law in that respect back to front and if it was my intention to say section 16 states a council must have a survey, then I would obviously have said it?

However, as I have stated in the past the only concrete evidence a court of law has so far relied upon is a survey of sorts, so if you care to advise all restricted councils that they no longer have to undertake a survey to restrict numbers then I'm sure they will be only too pleased to hear that?



We can only take those comments with scepticism because so far all you have made is a statement which cannot be verified and the reason it can't be verified is because you refuse to present any facts. I'm afraid without facts we can only take that comment as hearsay.

Regards

JD

I thought hearsay was admissable (McCool vs. Rushcliffe BC)

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Only for councillors administering licenses and not in this court of law? lol

Regards

JD