Taxi Driver Online

R U on speed

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

All Smoke (and some) Mirrors?

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

I have placed section 52 on the agenda for next liaison meeting... and will be asking for it be Put before the Licensing Committee... so that clear directions on how it is used will be established...

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Dare I ask if the driver concerned is unhappy? Is he/she a member of an organization? Is the suspension time limited or does he/she have to wait until the quasi-judicial councillors sit in judgement?

Basically, any more information?

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

You should get your LA to follow the direction as set out by Scarborough as a result of Stockton on Tees v Latif Feb 2009.

Licensing officers had the power of immediate suspension removed within days.

The introduction of revised procedures in relation to the delegation scheme for determination of Private Hire and Hackney Carriage licence decisions, as follows:

(a) Where the Head of Environmental Services, or an officer to whom he has delegated the necessary powers, considers that there are grounds to refuse or suspend a Private Hire and Hackney Carriage driver’s licence, but that immediate action is not required, he will refer such decisions to the Licensing sub-committee for determination

(b) Where The Head of Environmental Services, or an officer to whom he has delegated the necessary powers, considers that there is a need to revoke or suspend a driver’s licence without delay, the decision will be made under delegated powers.

2. To adopt the revised hearing procedure identified at Appendix 1.

REASON FOR RECOMMENDATION:

To ensure compliance with statutory appeal time limits having regard to recent case law.

Failure to implement/endorse the changes described could result in complaints from and/or litigation against the Council by affected members of the public.

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

I think we will make it a damn sight clearer than that.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

I really need to print entire reports!!


However a High Court decision during February 2009 in the case of Stockton on Tees – v – Latif (attached at Appendix 2) has established that the 21 day period is strict, the courts having no discretion to extend it, and it appears, should run from the making of the officer decision notwithstanding the internal appeals stage operated by this and most other Authorities. This creates a problem because it will almost always take more than 21 days for a Licensing Sub Committee to be convened by which time, if an aggrieved driver has not also exercised his right of appeal to the Magistrates Court, it would be too late to do so. An appeal to the Magistrates Court has a significant cost in terms of court fees and the cost of employing a solicitor.

3.6 To address this problem the following changes are proposed:

(a) where there is considered to be no need to revoke or suspend an existing driver’s licence immediately, the officer does not make a decision but instead refers the case to the Licensing Sub Committee with a report. The Licensing Sub Committee then makes the decision which, if adverse to the driver, would then become the subject of an appeal to the Magistrates Court within 21 days of that decision.

(b) In a case involving a need to revoke or suspend a driver’s licence immediately, for example where a driver has been charged with or convicted of a sexual offence, or offence of similar seriousness, the Head of Environmental Health makes the decision against which there is the right of appeal to the Magistrates Court within 21 days. This is in accordance with the scheme of delegation and there is no referral to the Licensing Sub Committee; the appeal must be directly to the court.

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

The driver is rather upset.

There was no local association, but there's going to be in the next day or two and its going to be affiliated as and when payment is received.

They seem quite keen, but then again, they always are.

CC

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

I presume then that some of his/her colleagues are more than a little miffed and it's not going to be a local association of one member?

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

You assume correctly.

CC

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

WTF are you on about??

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Strange you should say that!!

I have been reliably informed in the last few days that for immediate suspensions under Section 52 of The RSA 2006, Licensing Authorities should have a policy document, stating & setting out under what conditions & transgressions Section 52 suspension would be invoked.

The need for the policy document is not contained within The RSA 2006, but is apparently contained in one of the Local Government Acts, but which one escapes my mind at the minute.

But I shall re-enquire.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

If that has been reported from a High Court case, the IMO there is now no need for guidance from The DfT.

The judge has said it all.

And I believe that is sufficient to launch claims against councils for wrongful use of Section 52.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

I have now been told that the idea of policy documents is not mandatory but advisory.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

How could the council justify immediate suspension under Section 61 Amendment 2B notwithstanding the fact that the driver did not actually need an operator's licence?

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Steve.