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New Condition on PH / HC licences – Legal or Not?
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Author:  Brummie Cabbie [ Wed May 18, 2011 9:39 pm ]
Post subject:  New Condition on PH / HC licences – Legal or Not?
I have been reliably informed, very reliably informed, that a number of licensing authorities are now imposing a new condition of licence on vehicle proprietor’s licences and I presume driver’s licences too, in that they are insisting that the applicant must reside in the area of the licensing authority. Some licensing authorities may have had this condition for some time.

Any applications from persons living outside the area of the licensing authority are refused.

I do not know the names of any of the licensing authorities that have adopted this condition, but that information is only a phone call away.

The idea is to try to prevent cross-border working, more specifically the practices as highlighted by the Berwick cases.

I am also reliably informed, very reliably informed, that this condition has never been challenged in a court of law.

Is this a reasonably condition for a licensing authority to impose on licence holders?

Would such a condition be ruled unlawful if challenged in a court of law?

How would existing licence holders that live outside a licensing authority’s area be affected, if a licensing authority decided to adopt this new condition of licence?

Would existing licence holders have ‘grandfather rights’ or would they have to move home into the licensed area to comply with the new condition or lose their licence / licences?

Does your licensing authority have such a licence condition?

This should provoke some discussion!!!
Author:  Sussex [ Wed May 18, 2011 9:41 pm ]
Post subject:  Re: New Condition on PH / HC licences – Legal or Not?
Brummie Cabbie wrote:
I have been reliably informed, very reliably informed, that a number of licensing authorities are now imposing a new condition of licence on vehicle proprietor’s licences and I presume driver’s licences too, in that they are insisting that the applicant must reside in the area of the licensing authority. Some licensing authorities may have had this condition for some time.

Any applications from persons living outside the area of the licensing authority are refused.

100% illegal.

Be very interested to see those conditions, be they driver or vehicle.
Author:  Brummie Cabbie [ Wed May 18, 2011 9:44 pm ]
Post subject:  Re: New Condition on PH / HC licences – Legal or Not?
Sussex wrote:
Brummie Cabbie wrote:
I have been reliably informed, very reliably informed, that a number of licensing authorities are now imposing a new condition of licence on vehicle proprietor’s licences and I presume driver’s licences too, in that they are insisting that the applicant must reside in the area of the licensing authority. Some licensing authorities may have had this condition for some time.

Any applications from persons living outside the area of the licensing authority are refused.

100% illegal.

Be very interested to see those conditions, be they driver or vehicle.

I'll make the phone call tomorrow, if I remember and have time.

And that's exactly what I thought!!
Author:  tom2907 [ Thu May 19, 2011 6:53 am ]
Post subject: 
I do not believe it is a condition anywhere. It is however a recomendation from the Institute of Licensing to the Commons select committee. It will not work, it would mean the end Of Taxis in London, as most drivers live outside. It would also give a near monopoly to garages within City limits.
Author:  Derby Ram [ Thu May 19, 2011 10:07 am ]
Post subject: 
F**k that!!!

On a similar vein,Amber Valley Borough Council,where I live but don't work are bringing in an almighty rise on replacing an existing vehicle.

Now I understand the thinking as a deterrent to new drivers but to charge around £400 more for an existing plate holder to upgrade a vehicle which benefits the borough's fleet beggars belief.

Surely,this can't be legal?
Author:  skippy41 [ Thu May 19, 2011 10:10 am ]
Post subject: 
Derby Ram wrote:
F**k that!!!

On a similar vein,Amber Valley Borough Council,where I live but don't work are bringing in an almighty rise on replacing an existing vehicle.

Now I understand the thinking as a deterrent to new drivers but to charge around £400 more for an existing plate holder to upgrade a vehicle which benefits the borough's fleet beggars belief.

Surely,this can't be legal?


Ask your ombudsman to intervene
Author:  Doom 101 [ Wed May 25, 2011 2:03 pm ]
Post subject: 
I am sure you will find it contravenes the rights of "Europeans" to live and work anywhere across member states.

I would be surprised if any council had actually been stupid enough to try and impose this as a condition.
Author:  the thinker [ Wed May 25, 2011 3:41 pm ]
Post subject: 
The Local Authority cannot put conditions on a drivers licence, they can issue it, and they can take it away, but conditions are not legal
Author:  Richard1 [ Fri May 27, 2011 3:09 pm ]
Post subject:  conditions / residence
This is rubbish no one can say you have to live anywhere to work anywhere else, try any large decent no- win no fee solicitor.
Author:  mycab [ Mon May 30, 2011 4:57 pm ]
Post subject: 
the could say you are out with the catchment area just like schools ,anyway i agree with the councill on this one bring it on in all areas :lol:
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