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MR T
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PostPosted: Sat Oct 30, 2010 4:08 pm 
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Quote:
Report by:
Head of Public Health & Protection
Key Decision: No
Recommendation:
1. That the Committee determine in respect of the each of the three taxi zones,
namely Restormel, Carrick and Penwith, whether it will:-
(a) recommend to Council that the taxi numerical limitation policy that currently
operates is retained; or
(b) recommend to Council that it removes the taxi numerical limitation policy that
currently operates.
2. That the Committee, if it recommends 1 (a) above, determine that
(a) the standard Cornwall Council fee to renew a hackney carriage vehicle licence,
or grant if the vehicle is being replaced on renewal, is increased by an additional
amount not exceeding £180 in respect of each taxi zone that retains the policy, in
order to survey required to support the policy;
(b) authorises the appropriate Licensing Team Managers to tender for a survey to
be conducted in any taxi zone that retains the policy without delay, having regard
to the Council’s procurement policy and procedures; and
(c) any pending applications for the grant of any additional licences, other than the
issuing of three in the Penwith Taxi Zone, are deferred until after surveys have
been concluded.
3. That the Committee, if it recommends 1 (b) above, determine whether
(i) the removal of the taxi numerical limitation policy will have immediate effect
should Council endorse the recommendation; or
(ii) whether the taxi numerical policy will be phased out by issuing a number of
licences each year and if so the number to be issued each year together with the
final date that the policy will expire.
It seems rather strange that a council committee is being asked to make a decision on whether or not to remove numeral controls without having the assistance of an independence survey first . the survey should be what they make that decision on... and as for telling the council that in the future the Ministry of Transport will be requiring 50 per cent of hackneys to be wheelchair accessible,, is mind boggling.. ministry have made no decisions as yet... so speculation should not be part of presentation....

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StAustell TaxiDriver
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PostPosted: Sat Oct 30, 2010 4:17 pm 
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Thanks mr t. I will remove the WAV gibberish
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Sussex
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PostPosted: Sat Oct 30, 2010 6:43 pm 
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StAustell TaxiDriver wrote:
Thanks mr t. I will remove the WAV gibberish

That reminds me you need to bin the stuff about the Equalities Act, if you want to keep taxi quotas.

The Equalities Act points towards more councils, with a low saloon to WAV %, delimiting.

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StAustell TaxiDriver
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PostPosted: Sun Oct 31, 2010 12:03 pm 
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Would the council be acting illegally if they make a desision without an un-met demand survey or ultimately can they do as they please?
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MR T
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PostPosted: Sun Oct 31, 2010 12:05 pm 
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To some degree they can do as they please
look at your PM

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StAustell TaxiDriver
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PostPosted: Sun Oct 31, 2010 12:18 pm 
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Sorry, what's a PM?
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MR T
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PostPosted: Sun Oct 31, 2010 12:20 pm 
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StAustell TaxiDriver wrote:
Sorry, what's a PM?
your private message at the top of the screen

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Brummie Cabbie
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PostPosted: Sun Oct 31, 2010 2:00 pm 
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You say that there are six zones in the Cornwall Council area, which I believe are Penwith, Kerrier, Carrick, Restormel, Caradon & North Cornwall.

Three of those are already de-limited & probably have a majority of saloon vehicle taxis.

If that's the case, you might as well tell the councillors that those areas will also see a vast increase in HCV numbers because of provisions in The Equality Act 2010.

I know it's not directly linked to your case, but it gives them a lot more to think about, such as where are all these taxis in all six zones going to stand, ply, work & earn a living wage.

They may decide to delay the decision pending further information about the effects of The Equality Act 2010 on taxi numbers in the whole of Cornwall Council's area in the not too distant future.

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Sussex
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PostPosted: Sun Oct 31, 2010 3:58 pm 
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StAustell TaxiDriver wrote:
Would the council be acting illegally if they make a desision without an un-met demand survey or ultimately can they do as they please?

They would be acting entirely within the law to de-limit without a SUD survey.

Remind me is the committee a Cornwall wide committee or just a local sub committee?

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Sussex
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PostPosted: Sun Oct 31, 2010 3:59 pm 
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Brummie Cabbie wrote:
If that's the case, you might as well tell the councillors that those areas will also see a vast increase in HCV numbers because of provisions in The Equality Act 2010.

Not if they de-limit.

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Brummie Cabbie
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PostPosted: Sun Oct 31, 2010 5:54 pm 
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Sussex wrote:
Brummie Cabbie wrote:
If that's the case, you might as well tell the councillors that those areas will also see a vast increase in HCV numbers because of provisions in The Equality Act 2010.

Not if they de-limit.

Why on earth not?

As I understand it Cornwall Council has six areas, which for the purposes of taxi licensing are called zones. At present three of these zones are de-limited & the other three are limited.

Forget about the three zones that are limited at present, the fate of which will be decided on Friday 5th November 2010. Concentrate on the three zones that are already de-limited.

In those zones which I think are Kerrier, Caradon & North Cornwall, the chances are that existing HCVs are predominantly saloons. If that is the case, then those zones will need to comply with the proportions that the Secretary / Minister for Transport will be setting in due course.

And that will mean vastly increased numbers of taxis in those zones too.

Unless of course you believe that the provisions in the legislation allow the Council to comply with the proportions to be set by applying the proportions to the whole of the council’s area (all six zones as a total) & not zone by zone.

But if that is the case, then it just does not make any sense at all.

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Sussex
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PostPosted: Sun Oct 31, 2010 8:54 pm 
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Section 161 of the Eq Act 2010 only applies to those councils that restrict. Therefore there will be no-more taxis in the de-limited areas than there are now. Other than new entrants coming in, and/or existing owners leaving.

If the council decide to keep restrictions in the Carrick zone, then the act will apply to them.

If the % is 35% then they will need an extra 25 taxis to meet that %.

If the % is 50% then they will need an extra 54 taxis to meet that %.

Of course if the local trade all decided to go 100% WAV tomorrow then they might have a chance to get around the act. But like most other areas in a similar situation the ostrich scenario is favoured.

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Sussex
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PostPosted: Sun Oct 31, 2010 9:01 pm 
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Anyway just had a peep at the reports.

http://democracy.cornwall.gov.uk/Publis ... Public.pdf

http://democracy.cornwall.gov.uk/Publis ... Public.pdf

Things that jump out are the £35,000 estimate for a 3 zone survey, and the pathetic responses from the trade survey. Oh and the public would like more taxis.

Less than 13% of the trade responded to the consultation. Methinks they are going to get what they deserves. :sad:

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Brummie Cabbie
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PostPosted: Sun Oct 31, 2010 9:24 pm 
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Sussex wrote:
Section 161 of the Eq Act 2010 only applies to those councils that restrict. Therefore there will be no-more taxis in the de-limited areas than there are now. Other than new entrants coming in, and/or existing owners leaving.

Yes you're right; I misunderstood the Act's meaning on that score.

So it therefore follows that in an LA which is de-limited completely (double emphasis) and has say 90% saloon taxis, there is no mechanism within the Equality Act to bring the proportion up to the required level as set by the Minister, albeit that those proportions only apply to councils that limit numbers & not to councils that already are de-limited.

Or is that what Section 163 is all about?

If there is no mechanism under the Act in de-limited LAs, other than new HCVL having to be WAVs, those councils could take decades to get to the required numbers of WAVs.

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Sussex
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PostPosted: Sun Oct 31, 2010 9:46 pm 
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Brummie Cabbie wrote:
Or is that what Section 163 is all about?

Indeed.

If, and IMO, it's a big if, section 163 ever happens then section 161 will be made redundant.

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