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I would Like
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Author:  charles007 [ Wed Nov 26, 2014 12:14 pm ]
Post subject:  I would Like
Hi all Please can any one help with information Hackney fee is clearley councils who have to agree.

dose a concil have any duty to set reasonable fare for hackneys or can they set just what they wish.
Author:  mancityfan [ Wed Nov 26, 2014 2:14 pm ]
Post subject:  Re: I would Like
Fees charged must be reasonable and no more than sufficient in the aggregate, in respect of S70, to cover the Council’s costs in whole or in part.

It has been established in a number of cases before the courts that a Council may not derive a profit or surplus from such licensing activity.

While the question of what is ‘reasonable’ can only be resolved by challenge, it seems clear that ‘costs’ charged to accounts to be recovered by licence fee income must be commensurate with the actual and necessary expenditure of human and material resources.

It follows that the Council must be able to demonstrate that those costs charged directly or by apportionment can be identified as being relevant and proportionate

Although a council has a statutory power to levy a fee this does not give it an absolutely free hand in relation to the scale of the fee that is levied.the impact of any increase upon the livelihood of those affected has to be taken into account,as does the scale of the increase.CONSULTATION must take place with interested parties,whether this is a statutory requirement or not, and results of that consultation must be considered by the council before the decision is made.it is important that any consultation is done fairly and the results considered properly by the council.ANY suggestion that the cosultation is a sham would be grounds for an application for leave to seek a judicial review of the final decision.
the judge in kelly v liverpool said although s53 contains no requirement for consultation, a local authority would be ill-advised not to embark upon some element of consultation with those persons who would be affected by an increase in fees (eg the drivers of BOTH hackney carriages and private hire vehicles).
Remember you only have28 days to object from the date on which the notice is first published, so keep your eye out for it.


I would also put in an enquiry under the Freedom of Information Act 2000.asking for a copy of any report submitted by Licensing officers to the Head of Function or any Council body to request authority to implement the most recently revised scale of fees.Also ask them to provide a copy of the financial estimates for the operation of the Taxi Licensing function.Also ask them to provide details of the number of vehicle licences, driver licences and operator licences the Council envisages issuing in the current year.Also ask them to provide a copy of the Subjective Cost Centre(s) Budget(s) for taxi licensing activity showing the estimated costs and income for that year against each relevant nominal ledger code. Also ask them to supply a copy of the year to date outturn to the last available accounting period and any forecast outturn for the current financial year. that should keep them busy, always remember they are not allowed to make a profit so you have a right to see where your cash is going

I would also be interested to have details of any ‘best value’ comparison the council has carried out in respect of its licensing functions and how it compares with the authorities it may have used as a ‘benchmark’

By virtue of the Local Government Act 1999 the authority is required to carry out such comparison.
Author:  captain cab [ Wed Nov 26, 2014 2:17 pm ]
Post subject:  Re: I would Like
I think this thread is gonna run and run
Author:  mancityfan [ Wed Nov 26, 2014 10:49 pm ]
Post subject:  Re: I would Like
I think your right, I'm getting fed up of copying and pasting previous posts, and you even put up a sticky :D
Author:  Sussex [ Thu Nov 27, 2014 1:18 am ]
Post subject:  Re: I would Like
captain cab wrote:
I think this thread is gonna run and run

Not with my assistance though.

To be honest I'm amazed Charlie Boy even has to ask.
Author:  captain cab [ Thu Nov 27, 2014 1:20 am ]
Post subject:  Re: I would Like
Sussex wrote:

To be honest I'm amazed Charlie Boy even has to ask.


really? ffs
Author:  mancityfan [ Thu Nov 27, 2014 12:32 pm ]
Post subject:  Re: I would Like
Under the Freedom of Information Act I require you to provide
detailed and final accounts for the Taxi and Private Hire Licensing Department for the last three years.

That is all you need to say- they have to acknowledge and relpy thereafter within 20 working days.
It is usually best to go direct to the FOI officer – and yes you can do it by e-mail as far as I know.
Author:  Chris the Fish [ Thu Nov 27, 2014 12:45 pm ]
Post subject:  Re: I would Like
charles007 wrote:
Hi all Please can any one help with information Hackney fee is clearley councils who have to agree.

dose a concil have any duty to set reasonable fare for hackneys or can they set just what they wish.

I think Charles asked Two questions here. The Fee question is covered above and no doubt will be added and added to as well.

His second question seems to be about the setting of the Tariff.

That said, and I am not disparaging the chap, he does at least have a real care for the trade, it could be that the whole question is in fact about the Tariff alone. We could do with Charles clarifying his question.
Author:  charles007 [ Thu Nov 27, 2014 6:31 pm ]
Post subject:  Re: I would Like
Chris the fish is right

What is two things

1. Is there a duty for council to set a fair fare that would cover the needs of the Hackney drivers (fares via the meters)

2. As there been any case law on this
Author:  Sussex [ Thu Nov 27, 2014 7:00 pm ]
Post subject:  Re: I would Like
charles007 wrote:
Chris the fish is right

What is two things

1. Is there a duty for council to set a fair fare that would cover the needs of the Hackney drivers (fares via the meters)

2. As there been any case law on this

I think the council has an indirect duty to ensure the viability and safety of the trade, and earning a sensible wage in sensible hours meets that criteria.

No case law.

What you need to do is have a 'fares formula' which ends up with drivers earning, on average, the average local wage as published by the Office for National Statistics.
Author:  wannabeeahack [ Thu Nov 27, 2014 8:02 pm ]
Post subject:  Re: I would Like
mancityfan wrote:
Under the Freedom of Information Act I require you to provide
detailed and final accounts for the Taxi and Private Hire Licensing Department for the last three years.

That is all you need to say- they have to acknowledge and relpy thereafter within 20 working days.
It is usually best to go direct to the FOI officer – and yes you can do it by e-mail as far as I know.



not got 1.....

i suppose in a way that stops u asking!
Author:  Chris the Fish [ Thu Nov 27, 2014 8:05 pm ]
Post subject:  Re: I would Like
wannabeeahack wrote:
mancityfan wrote:
Under the Freedom of Information Act I require you to provide
detailed and final accounts for the Taxi and Private Hire Licensing Department for the last three years.

That is all you need to say- they have to acknowledge and relpy thereafter within 20 working days.
It is usually best to go direct to the FOI officer – and yes you can do it by e-mail as far as I know.



not got 1.....

i suppose in a way that stops u asking!

Which Local Authority?

Have you got a "Democratic Support" Office (or similar), ask them where to address FOI's.
Author:  wannabeeahack [ Thu Nov 27, 2014 10:13 pm ]
Post subject:  Re: I would Like
Chris the Fish wrote:
wannabeeahack wrote:

i suppose in a way that stops u asking!

Which Local Authority?

Have you got a "Democratic Support" Office (or similar), ask them where to address FOI's.



Weve only JUST a LO, in fact they arent licencing, they are environmental officers, taxi's AM, drains and rats PM
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