wannabeeahack wrote:
grandad wrote:
wannabeeahack wrote:
(Im not in Brum but BHX is)
Is it?
almost
Tell that to Solihull.
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| Author: | simon [ Sat Jan 05, 2013 9:23 pm ] |
| Post subject: | operator's license |
i have a problem i need help with please. my friend operates a private hire taxi firm and has an operators license from his local authority area. however, he recently received a telephone call from a regular customer asking to pick him up from a different area. he sent a worker to pick the customer up but when he got there a licensing enforcement officer stopped him and told him he was operating in a controlled district for which neither he (the driver) or the actual firm were licensed and that the owner of the firm would be prosecuted is this true? is he able to get prosecuted? im sure he isnt if it was a pre-booked? also, what is the law that governs private hire cab firms? please help if you can thanks |
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| Author: | wannabeeahack [ Sat Jan 05, 2013 10:02 pm ] |
| Post subject: | Re: operator's license |
A Private Hire operator (not just an owner) can pickup anywhere IF ITS PREBOOKED (and recorded) The LO in question was wrong think about it, if the LO was right I could pickup here for BHX and drop but not take the return booking could I (Im not in Brum but BHX is) |
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| Author: | no tips [ Sun Jan 06, 2013 1:27 pm ] |
| Post subject: | Re: operator's license |
What a load of b#ll'cks.. how do all the private hire firms across the country pick up at airports every day. pre booked you can pick up in any disstrict outside your LA.The job is hard enough as it is without boundry issues being put in place. |
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| Author: | wannabeeahack [ Sun Jan 06, 2013 2:40 pm ] |
| Post subject: | Re: operator's license |
I hope the guy who got hassled got full details of the LO in question and his contact/office details, id go straight over his head to the council who employ him |
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| Author: | Sussex [ Sun Jan 06, 2013 6:32 pm ] |
| Post subject: | Re: operator's license |
simon wrote: my friend operates a private hire taxi firm and has an operators license from his local authority area. however, he recently received a telephone call from a regular customer asking to pick him up from a different area. he sent a worker to pick the customer up but when he got there a licensing enforcement officer stopped him and told him he was operating in a controlled district for which neither he (the driver) or the actual firm were licensed and that the owner of the firm would be prosecuted is this true? is he able to get prosecuted? im sure he isnt if it was a pre-booked? also, what is the law that governs private hire cab firms? Legally it doesn't matter where you pick up, or where you drop, or even where you go in between. What matters is where the booking was taken. If the booking was taken in area A, for a job going to area B via area C, then providing the driver, the operator and the vehicle are all licensed in area A, it's 100 per cent legal. If the vehicle was a licensed taxi, then it doesn't matter where the booking was taken, all 100 per cent legal. I suggest your mate contacts the council concerned and recommends they buy a copy of Taxi Licensing Law by James Button. |
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| Author: | grandad [ Mon Jan 07, 2013 3:42 pm ] |
| Post subject: | Re: operator's license |
wannabeeahack wrote: (Im not in Brum but BHX is) Is it? |
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| Author: | simon [ Mon Jan 07, 2013 4:10 pm ] |
| Post subject: | Re: operator's license |
thats what i thought! is there any case law on a similar situation? |
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| Author: | wannabeeahack [ Mon Jan 07, 2013 4:37 pm ] |
| Post subject: | Re: operator's license |
grandad wrote: wannabeeahack wrote: (Im not in Brum but BHX is) Is it? almost |
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| Author: | grandad [ Mon Jan 07, 2013 5:41 pm ] |
| Post subject: | Re: operator's license |
wannabeeahack wrote: grandad wrote: wannabeeahack wrote: (Im not in Brum but BHX is) Is it? almost Tell that to Solihull.
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| Author: | Sussex [ Mon Jan 07, 2013 8:13 pm ] |
| Post subject: | Re: operator's license |
simon wrote: thats what i thought! is there any case law on a similar situation? The main one is Dittah-v-Birmingham viewtopic.php?t=4660 Murtagh-v-Bromsgrove is mentioned by JD here viewtopic.php?t=4680 Shanks-v-North Tynside here http://www.bailii.org/ew/cases/EWHC/Adm ... /1900.html |
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| Author: | billybobs [ Mon Jan 07, 2013 9:31 pm ] |
| Post subject: | Re: operator's license |
Sussex wrote: simon wrote: my friend operates a private hire taxi firm and has an operators license from his local authority area. however, he recently received a telephone call from a regular customer asking to pick him up from a different area. he sent a worker to pick the customer up but when he got there a licensing enforcement officer stopped him and told him he was operating in a controlled district for which neither he (the driver) or the actual firm were licensed and that the owner of the firm would be prosecuted is this true? is he able to get prosecuted? im sure he isnt if it was a pre-booked? also, what is the law that governs private hire cab firms? Legally it doesn't matter where you pick up, or where you drop, or even where you go in between. What matters is where the booking was taken. If the booking was taken in area A, for a job going to area B via area C, then providing the driver, the operator and the vehicle are all licensed in area A, it's 100 per cent legal. If the vehicle was a licensed taxi, then it doesn't matter where the booking was taken, all 100 per cent legal. I suggest your mate contacts the council concerned and recommends they buy a copy of Taxi Licensing Law by James Button. Would that be the same James Button who cocked up the prosecution of a Bolton councillor a couple of years ago? |
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| Author: | Sussex [ Tue Jan 08, 2013 8:53 am ] |
| Post subject: | Re: operator's license |
billybobs wrote: Would that be the same James Button who cocked up the prosecution of a Bolton councillor a couple of years ago? Quite possibly, but I've yet to come across a lawyer who wins every time. |
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| Author: | Sussex [ Tue Jan 08, 2013 8:55 am ] |
| Post subject: | Re: operator's license |
simon wrote: thats what i thought! is there any case law on a similar situation? It might also be worth reading Chapter 10 of the LC report. Or suggesting the council does. http://lawcommission.justice.gov.uk/doc ... rvices.pdf |
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| Author: | billybobs [ Tue Jan 08, 2013 2:05 pm ] |
| Post subject: | Re: operator's license |
Sussex wrote: billybobs wrote: Would that be the same James Button who cocked up the prosecution of a Bolton councillor a couple of years ago? Quite possibly, but I've yet to come across a lawyer who wins every time. The problem is they get paid all the time, even when they make a mess of a case that a 2 year old could have handled. |
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| Author: | Sussex [ Tue Jan 08, 2013 8:28 pm ] |
| Post subject: | Re: operator's license |
billybobs wrote: The problem is they get paid all the time, even when they make a mess of a case that a 2 year old could have handled. I couldn't agree more, which is why I never suggest individuals go to court. 
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