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PostPosted: Fri Jul 20, 2007 11:19 am 
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Location: Glasgow area
Did any official state whether the level of unmet demand has been kept under review by an official ?

Under Scottish judgements I understand they have to

FALCONER AND OTHERS v SOUTH AYRSHIRE COUNCIL Court of Session (Outer House) [2002] LLR 297 - 19 June 2001

....Indeed, in light of the decision and reasoning in Coyle v City of Glasgow Council 1998 SLT 453 it is difficult to see that the adoption of a policy as to a maximum number of taxi licences can have any practical effect other than in the context of considering particular applications for grant. While an optimum number may, it seems, be identified and used as a guideline, a licensing authority, on any occasion when it is considering an application for grant and is addressing (if appropriate) the matter of demand, will require to take a view, based on information or other material before it, as to whether or not the 'guideline' remains applicable. In Coyle v City of Glasgow Council the court, after referring to an earlier exercise which had resulted in identification of a particular number, said at 456C:
________________________________

'Where a figure has been determined in this way, all that is required is that the matter should be kept under review by an official who has the information to judge whether the demand has increased since the matter was last considered. If he informs the committee that there has been no change in the level of demand, they can be satisfied that at that time there is no significant unmet demand if the relevant number of licences has already been issued. If on the other hand they are told that demand has increased, then they will require to reconsider the matter. Unless they do so, they will not be able to refuse to grant licences under section 10(3) since they will not know whether the existing
number of licences is sufficient to meet the increased demand.'

I am not sure what the situation is in England & Wales

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PostPosted: Fri Jul 20, 2007 5:29 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
Renfrewshire Driver wrote:
I am not sure what the situation is in England & Wales

It's not as strict as in your manor. :sad:

Most, if not all, councils that restrict can get away with the three-yearly survey, and if they don't can get away with having a survey every time some akward mush applies for a plate. [-(

But the courts have been mainly on the applicants side more recently, so times are a changing. :D

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