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PostPosted: Wed Jun 30, 2010 9:10 pm 
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Report of Licensing Team Leader

To

LICENSING COMMITTEE

On

17th June, 2010





POLICY ON LICENSING PRIVATE HIRE OPERATORS






1. SUMMARY



This report seeks to restrict the area in which Mansfield District Council will issue a licence to a Private Hire Operator. At present the Council does not have a set area in which it regulates such Operators and this report seeks to set the area to be within five miles from the border of the district of Mansfield.



2. RECOMMENDATION



It is recommended that the Committee:



2.1 Approve licensing Private Hire Operators as long as they have their operating base no further than five miles from the border of the District of Mansfield.



3. BACKGROUND



3.1 Under the provisions of Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 a district council shall, on receipt of an application, grant any person wishing to operate private hire vehicles a Private Hire Operators Licence.



3.2 Subsection 3 of Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 states that “a district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary”.



3.3 At present there is no condition or policy which limits the area that Mansfield District Council will issue a Private Hire Operators Licence and as such it is possible that the Council could issue a licence to an Operator which is based hundreds of miles away from Mansfield.



3.4 As the Council is placed under a duty to regulate and enforce the licences which it issues, having Private Hire Operators based far afield from the District of Mansfield would make such enforcement very difficult, inefficient and potentially unworkable. As a result, it is proposed to regularise the Authorities position by having a policy which restricts the area that the Council will issue Private Hire Operators Licences in.



3.5 A report has been run to see where the Private Hire Operator Licences the Council currently regulates are and it has been found that no licence as yet has been granted to a Private Hire Operator further than five miles from the District of Mansfield. Consequently, it is proposed that five miles is made to be the limit of where the Council will regulate this type of activity.


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PostPosted: Wed Jun 30, 2010 9:22 pm 
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And do we know the outcome of this meeting?

Is this proposal / recommendation serious?

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PostPosted: Wed Jun 30, 2010 9:25 pm 
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Dunno BC but I would ask the question how an LA can license someone a an operator that doesnt seem to be within its licensing jurisdiction?

CC

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PostPosted: Wed Jun 30, 2010 9:29 pm 
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captain cab wrote:
Dunno BC but I would ask the question how an LA can license someone a an operator that doesnt seem to be within its licensing jurisdiction?

CC

I know they can't, but surely the LO isn't that stupid?

Perhaps the wording of the report is faulty & he has a deficiency of the English language.

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PostPosted: Wed Jun 30, 2010 9:32 pm 
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Brummie Cabbie wrote:
but surely the LO isn't that stupid?


Okay, I see what your saying here.

Please take a few deep breaths, and reconsider what you just stated.

CC

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PostPosted: Wed Jun 30, 2010 11:01 pm 
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captain cab wrote:
Dunno BC but I would ask the question how an LA can license someone a an operator that doesnt seem to be within its licensing jurisdiction?

It can't. :sad:

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PostPosted: Wed Jun 30, 2010 11:08 pm 
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Sussex wrote:
captain cab wrote:
Dunno BC but I would ask the question how an LA can license someone a an operator that doesnt seem to be within its licensing jurisdiction?

It can't. :sad:

We know that, but if the barmy gubbers next door think it's a good thing, they might allow it & ask for reciprical arrangements.

Anything could happen with this lot.

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PostPosted: Wed Jun 30, 2010 11:09 pm 
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Brummie Cabbie wrote:
Sussex wrote:
captain cab wrote:
Dunno BC but I would ask the question how an LA can license someone a an operator that doesnt seem to be within its licensing jurisdiction?

It can't. :sad:

We know that, but if the barmy gubbers next door think it's a good thing, they might allow it & ask for reciprical arrangements.

Anything could happen with this lot.


That wouldnt make it legal

CC

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PostPosted: Thu Jul 01, 2010 6:44 am 
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POLICY ON LICENSING PRIVATE HIRE OPERATORS

The Committee was informed of a proposal to restrict the area in which Mansfield District Council would issue a licence to a Private Hire Operator. At present, the Council did not have a set area in which it regulated such Operators and it was now proposed to set the area to be within five miles from the border of the district of Mansfield.

Members welcomed this initiative as it would assist the enforcement process.

Councillor Garner proposed and Councillor Fell seconded that a five mile limit be introduced. This motion was agreed by all present.



RESOLVED - That any application for the licensing of Private Hire Operators be considered as long as they have their operating base no further than five miles from the border of the District of Mansfield.


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PostPosted: Thu Jul 01, 2010 6:54 am 
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LORD JUSTICE KENNEDY said in the Murtagh case

In 1999 it is absurd that a licensed operator who operates in the area of one District Council in a large conurbation commits a criminal offence if he installs a small sub-office, or perhaps even a dedicated telephone line, in an area controlled by an adjoining District Council because he thereby makes provision for the invitation of bookings in the second area. To keep within the law he must then obtain a whole series of fresh licences - an operator's licence, drivers' licences and vehicle licences - for the second area.[/quote]


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PostPosted: Thu Jul 01, 2010 10:04 am 
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mancityfan wrote:
POLICY ON LICENSING PRIVATE HIRE OPERATORS

The Committee was informed of a proposal to restrict the area in which Mansfield District Council would issue a licence to a Private Hire Operator. At present, the Council did not have a set area in which it regulated such Operators and it was now proposed to set the area to be within five miles from the border of the district of Mansfield.

Members welcomed this initiative as it would assist the enforcement process.

Councillor Garner proposed and Councillor Fell seconded that a five mile limit be introduced. This motion was agreed by all present.



RESOLVED - That any application for the licensing of Private Hire Operators be considered as long as they have their operating base no further than five miles from the border of the District of Mansfield.
What a shame! I thought that finally we had a council who showed a glint of common sense for a change, but alas its not to be.
If carlsburg did LA's then this would be it!
No in fact I would go further, This LA should issue licenses for the whole of the UK then we would all have the same conditions.


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