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PostPosted: Tue Sep 09, 2008 9:35 pm 
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In Sefton we have Liverpool docks which is private land...but because Sefton adopted the County of Merseyside act the licensing department has power/ control over private land .
so does Liverpool, Knowsley,
Is Chichester part of a bigger group , and if they are how do the districts keep control regarding private land.

And touting is a police offence.. may be a friendly police officer could show the council were they're wrong...

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PostPosted: Tue Sep 09, 2008 9:41 pm 
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Location: Chichester
Mr T Said:

Quote:
may be a friendly police officer could show the council were they're wrong...


"friendly police officer" is an oxymoron :lol: :lol: :lol: :lol:

The council say they ain't touting anyway (the club staff probably are - but thats another story.)


Also:

Quote:
Is Chichester part of a bigger group


West Sussex County Council??


And:

Quote:
and if they are how do the districts keep control regarding private land.


Unless it suits them (monetarily?) they do not it seems.

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PostPosted: Tue Sep 09, 2008 9:46 pm 
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Declare the place a no-go area as far as Chichester taxis are concerned.. and get it in the press... explain to them you do not wish to be associated with uninsured vehicles placing the public at risk :roll:

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PostPosted: Wed Sep 10, 2008 7:28 pm 
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Location: Hampshire (HC)
MR T wrote:
Declare the place a no-go area as far as Chichester taxis are concerned.. and get it in the press... explain to them you do not wish to be associated with uninsured vehicles placing the public at risk :roll:


Good idea.

Is there any other work in Chai at the relevant times? Other ranks/areas that can legitimately be covered by HC?

Alternatively, get every single HC you can to block the 'rank' at the club and refuse to move. Photograph the club staff procuring cars from the PH at the back. I never thought I would find myself using the words 'strike' and 'picket!'


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PostPosted: Thu Sep 11, 2008 5:14 am 
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Doc G wrote:
The key points to note here are that the council dismiss any chance of a plying for hire prosecution - as it is not (in their opinion) the same as touting / soliciting for services.

The intended use of the "Public place" definition in place of a need to describe the offence on "a street, or road", as above, is also dismissed.

The fact that the vehicles are in a "taxi" queue, and on full display seems to have escaped them.


I'm not quite sure what you mean here, Doc.

OK, I think we all accept that if there was touting going on then there would be an offence that the authorities could pursue, because the nightclub is a public place as required by the legislation. However, you seem to accept that the drivers are just sitting passively in their cars as per a normal rank, thus there's no touting offence - if there was, then every HC driver in the country would be guilty of touting!!

Likewise, I think we can all except that the vehicles are plying for hire, but to be an offence this has to be done in the street or road, not on private property. However, if vehicles are on private property then they could be considered to be plying for hire if the offer of services is "projected to and addressed to members of the public in the street", as per the Eastbourne judgement.

However, it seems plausible to conclude that this isn't the case because 1) the cars aren't ranking close to the street and 2) there are no people on the street likely to use the vehicles anyway - the punters are all from the nightclub on the private land. The comments in the Eastbourne judgement suggest that there would have to be people coming from the street onto the private property to use the cars, but that seems not to be the case - the punters are all coming from the club?


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PostPosted: Fri Sep 12, 2008 5:35 pm 
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Location: Chichester
There are two distinct problems at this venue, which need to be split apart I think.

The easiest thing to look at (IMHO) is that Private Hire vehicles are in this "rank" plying for hire. I think (as do many others ) that this is simply illegal, private land or not. The key here, I think, is that they cannot operate unless by by pre-booking only, and insurance is invalidated.

If anybody can find any legislation to the contrary, I would love to see it. If anybody has a transcript of LTDA v Tesco (PH plying on their land) I would be very grateful.

Out of area Hackneys would seem to be a completely different issue though, and I respectfully bow to what you and others are saying. There may be/is a big loophole for them to operate, despite the DOT saying that in their opinion they should not be plying for hire there either. Although IMO (probably wrong!) I still think that they should only be there only if pre-booked, and therefore not be ranking up.

It may be Chinese whispers, but I have just been told that two drivers from Havant DC lost their ticket for some time after being reported as plying at this venue.

I hope this is not true, as this would absolutely not be fair.


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