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PostPosted: Sat Dec 03, 2011 9:13 pm 
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I help run a small PH company, our booking office is on the boarder of two Local Authorities, We do most of our work in the LA that were licenced, but do get calls from the next LA area, and we do the jobs.

We're told that the only PH company in the small town on our boarder is expensive and very unreliable, also doesn't operate 24/7 where we do! Thats why we get quite a bit of work from there.

I am thinking of advertising in this small town, am I able to, considering that its outside our area?


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PostPosted: Sat Dec 03, 2011 10:48 pm 
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thelodger wrote:
I help run a small PH company, our booking office is on the boarder of two Local Authorities, We do most of our work in the LA that were licenced, but do get calls from the next LA area, and we do the jobs.

We're told that the only PH company in the small town on our boarder is expensive and very unreliable, also doesn't operate 24/7 where we do! Thats why we get quite a bit of work from there.

I am thinking of advertising in this small town, am I able to, considering that its outside our area?



Top Cabs case; windsor & Maidenhead vs. Khan.

CC

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PostPosted: Sat Dec 03, 2011 10:57 pm 
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thelodger wrote:
I am thinking of advertising in this small town, am I able to, considering that its outside our area?

Yes.

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PostPosted: Sun Dec 04, 2011 12:50 am 
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I always get confused about this advertising outside your licensed area. If you advertise, as they did in Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs), in a Yellow Pages or Thomson Local that covers both areas it's not a direct advertisement to the area outside your licensed office, but, if you placed a large billboard advertisement within the area that you are not licensed then surely that's different :?

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PostPosted: Sun Dec 04, 2011 9:20 am 
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I am thinking about direct advertising, like a leaflet drop on all 6000 houses?


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PostPosted: Sun Dec 04, 2011 10:36 am 
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thelodger wrote:
I am thinking about direct advertising, like a leaflet drop on all 6000 houses?

Well lets put it this way.
If you do the leaflet drop and someone complains to your LO, what can they do about it. Make you go around and collect all 6000 leaflets? Or just tell you not to do it again. We have a private hire company from outside our borough regulaly delivering to our houses.

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PostPosted: Sun Dec 04, 2011 11:26 am 
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grandad wrote:
thelodger wrote:
I am thinking about direct advertising, like a leaflet drop on all 6000 houses?

Well lets put it this way.
If you do the leaflet drop and someone complains to your LO, what can they do about it. Make you go around and collect all 6000 leaflets? Or just tell you not to do it again. We have a private hire company from outside our borough regulaly delivering to our houses.



possibly touting?

CC

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PostPosted: Sun Dec 04, 2011 12:16 pm 
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toots wrote:
I always get confused about this advertising outside your licensed area. If you advertise, as they did in Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs), in a Yellow Pages or Thomson Local that covers both areas it's not a direct advertisement to the area outside your licensed office, but, if you placed a large billboard advertisement within the area that you are not licensed then surely that's different :?

Regarding your last point, it does not seem to be a problem in Brighton, as a company from the adjacent area(Lewes) has a banner advert at the local pub where I live(Brighton)!

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PostPosted: Sun Dec 04, 2011 6:18 pm 
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LA's "boundaries" are ancient historical hang-overs with no place in modern day society, magazine distribution, internet, none can be halted at a make believe line in the sand

advertise where you want, the customer has the right to choose

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PostPosted: Sun Dec 04, 2011 6:21 pm 
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captain cab wrote:
grandad wrote:
thelodger wrote:
I am thinking about direct advertising, like a leaflet drop on all 6000 houses?

Well lets put it this way.
If you do the leaflet drop and someone complains to your LO, what can they do about it. Make you go around and collect all 6000 leaflets? Or just tell you not to do it again. We have a private hire company from outside our borough regulaly delivering to our houses.



possibly touting?

CC


I suspect it would have to be something a bit more immediate (as in having cars waiting nearby), public (as opposed to delivering leaflets through letterboxes) and direct (speaking directly to people) to meet the defintion of touting - "in a public place, to solicit persons to hire vehicles to carry them as passengers”.

All that's happening is the public are reading a leaflet in their own home inviting them to phone a number some time or another.

If that met the defintion of touting then presumably many other forms of advertising would be caught too.

As for the cross border aspect, since it's established law the PHVs can operate anywhere as long as all three licences are issued by the same LA, then I don't see why there should be any controls on marketing and advertising.

If some LAs try to control advertising then I wonder if this would survive a legal challenge?


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PostPosted: Sun Dec 04, 2011 9:05 pm 
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toots wrote:
I always get confused about this advertising outside your licensed area. If you advertise, as they did in Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs), in a Yellow Pages or Thomson Local that covers both areas it's not a direct advertisement to the area outside your licensed office, but, if you placed a large billboard advertisement within the area that you are not licensed then surely that's different :?

The first four words are spot on. :D

As for the rest, it's all 100% legal.

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PostPosted: Sun Dec 04, 2011 9:06 pm 
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thelodger wrote:
I am thinking about direct advertising, like a leaflet drop on all 6000 houses?

100% legal.

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