Taxi Driver Online

Do you also invite the so called morons on this forum to whom you made reference, to send a message, or is your invitation restricted to those with a mental age exceeding 12?

Regards

JD

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They have to consult with the trade, the fact that the local trade isn't organised is by the by, the council has a legal duty to consult on every thing they do.

Even if they put up a poll or questionnaire on their website.

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IDFIMH

Consult that would be wednesbury principles.they would be ill advised not to consult.I would also put in an enquiry under the Freedom of Information Act 2000.asking a copy of any report submitted by Licensing officers to the Head of Function or any Council body to request authority to implement the most recently revised scale of fees.Also ask them to provide a copy of the financial estimates for the operation of the Taxi Licensing function.Also ask them to provide details of the number of vehicle licences, driver licences and operator licences the Council envisages issuing in the current year.Also ask them to provide a copy of the Subjective Cost Centre(s) Budget(s) for taxi licensing activity showing the estimated costs and income for 2007/08 against each relevant nominal ledger code. Also ask them to supply a copy of the year to date outturn to the last available accounting period and any forecast outturn for the current financial year. that should keep them busy, always remember they are not allowed to make a profit so you have a right to see where your cash is going

I have a mental age of 12 and have written this, but my dad wont let me email it so you will have to do it for me?

A Council is a District authority and exercises powers under the Town Police Clauses Act 1847 and the Local Government( Miscellaneous Provisions) Act 1976 in connection with the grant and supervision of licences for Hackney Carriages, Private Hire Vehicles and Operators of PHV’s as well as the drivers of such vehicles.


The Council is empowered to levy fees for the carrying out of those functions, by virtue of S53(2) and S70(1) of the 1976 Act.



Fees charged must be reasonable and no more than sufficient in the aggregate, in respect of S70, to cover the Council’s costs in whole or in part.


It has been established in a number of cases before the courts that a Council may not derive a profit or surplus from such licensing activity.


While the question of what is ‘reasonable’ can only be resolved by challenge, it seems clear that ‘costs’ charged to accounts to be recovered by licence fee income must be commensurate with the actual and necessary expenditure of human and material resources.


It follows that the Council must be able to demonstrate that those costs charged directly or by apportionment can be identified as being relevant and proportionate

Thank you for the last 2 posts. I have had an email from our licensing officer today acknowleging my letter of objection and saying that a reply will be in the post later this week.

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Grandad,

I would also be interested to have details of any ‘best value’ comparison the council has carried out in respect of its licensing functions and how it compares with the authorities it may have used as a ‘benchmark’

By virtue of the Local Government Act 1999 the authority is required to carry out such comparison.

I have just had a phone call from one of the councillors on the licensing committee wanting to know what I was on about. Apparently she knows nothing about any increase in charges.

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Grandad,

Well she does now.

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IDFIMH

She was not happy. There is a licensing committee meeting next week, maybe questions will be asked,

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Grandad,

I have had a reply from the licensing officer stating that the fees would be increased over a 3 year period to bring them in line with others. She also states that under section 53 of the 1976 act there is no statutory requirement for consultation.

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Grandad,

I have sent a letter requesting this information.

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Grandad,

Send him/her a copy of the 'Treaty of Rome', and get him/her to consult with a lawyer not with his/her own navel.

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IDFIMH

although a council has a statutory power to levy a fee this does not give it an absolutely free hand in relation to the scale of the fee that is levied.the impact of any increase upon the livelihood of those affected has to be taken into account,as does the scale of the increase.CONSULTATION must take place with interested parties,whether this is a statutory requirement or not, and results of that consultation must be considered by the council before the decision is made.it is important that any consultation is done fairly and the results considered properly by the council.ANY suggestion that the cosultation is a sham would be grounds for an application for leave to seek a judicial review of the final decision.
the judge in kelly v liverpool said although s53 contains no requirement for consultation, a local authority would be ill-advised not to embark upon some element of consultation with those persons who would be affected by an increase in fees (eg the drivers of BOTH hackney carriages and private hire vehicles).
Remember you only have28 days to object from the date on which the notice is first published, so keep your eye out for it.

Here you are grandad copy this and send it in when its advertised

Local Government (Miscellaneous Provisions) Act 1976 – S70
Fees for Hackney Carriages and Private Hire Vehicles.

Dear Sir,

We wish to OBJECT to the revised scale of fees and charges advertised recently.

Our ground for objection is that the fees to be charged by the Council are excessive and unreasonable in the context of the Act

We will be submitting a more detailed statement of the grounds for our objection shortly.

In the meantime I would be grateful if you could acknowledge receipt of this letter and advise the date of the Council meeting which will consider the Objection and what right of attendance and speaking rights will be available to us.


Yours faithfully,

i will expect a free limo ride when im down your way for all this work