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| Rossendale Hackneys. http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=28423 |
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| Author: | billybobs [ Wed Jan 27, 2016 1:40 pm ] |
| Post subject: | Rossendale Hackneys. |
Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? |
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| Author: | grandad [ Wed Jan 27, 2016 2:22 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
billybobs wrote: Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? You can always challenge it. Have you got plenty of money? Many people are of the opinion that it is not unreasonable to expect a hackney Carriage to work predominantly in the area in which it is licensed. |
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| Author: | billybobs [ Wed Jan 27, 2016 2:26 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
grandad wrote: billybobs wrote: Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? You can always challenge it. Have you got plenty of money? Many people are of the opinion that it is not unreasonable to expect a hackney Carriage to work predominantly in the area in which it is licensed. I'm talking about law not opinion. |
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| Author: | grandad [ Wed Jan 27, 2016 3:13 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
billybobs wrote: grandad wrote: billybobs wrote: Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? You can always challenge it. Have you got plenty of money? Many people are of the opinion that it is not unreasonable to expect a hackney Carriage to work predominantly in the area in which it is licensed. I'm talking about law not opinion. Like I said, you can always challenge it. |
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| Author: | billybobs [ Wed Jan 27, 2016 3:21 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
Grandad. If you don't know, then please just say so. |
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| Author: | heathcote [ Wed Jan 27, 2016 6:18 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
A hackney carriage is licensed to ply for hire unless directly booked with the driver or its proprietor,therefore its licensing authority is lawfully correct instating it must be used predominately in its own licensing district. |
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| Author: | billybobs [ Wed Jan 27, 2016 6:23 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
heathcote wrote: A hackney carriage is licensed to ply for hire unless directly booked with the driver or its proprietor,therefore its licensing authority is lawfully correct instating it must be used predominately in its own licensing district. Ok. Doesn't case law say that a hackney carriage can accept bookings from any source? forget rank work, that is pretty clearly only for cabs from that borough. |
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| Author: | heathcote [ Wed Jan 27, 2016 7:54 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
Deregulation Act states private hire operator can only subcontract to another private hire operator thus disqualifying hackney carriages from acting as a private hire car on a private hire operators circuit. Private hire operator is only licensed to take bookings for a private hire vehicle. |
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| Author: | Sussex [ Wed Jan 27, 2016 8:21 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
billybobs wrote: Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? It's legal unless someone challenges it. But putting a condition on a Rossendale hackney that he predominantly works in Rossendale is not a condition that I would want to spend money on challenging. |
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| Author: | Sussex [ Wed Jan 27, 2016 8:30 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
billybobs wrote: grandad wrote: billybobs wrote: Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? You can always challenge it. Have you got plenty of money? Many people are of the opinion that it is not unreasonable to expect a hackney Carriage to work predominantly in the area in which it is licensed. I'm talking about law not opinion. I think it's is legal under the rules that allow councils to impose any reasonable conditions. |
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| Author: | Sussex [ Wed Jan 27, 2016 8:32 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
billybobs wrote: Ok. Doesn't case law say that a hackney carriage can accept bookings from any source? forget rank work, that is pretty clearly only for cabs from that borough. Yes, but a court could say if you want to work elsewhere then license there. What the court will be persuaded by is 'public safety', is that served better by a local council enforcing those conditions, or no-one enforcing those conditions? |
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| Author: | MR T [ Wed Jan 27, 2016 8:56 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
Quote: I think it's is legal under the rules that allow councils to impose any reasonable conditions. Totally agree.. |
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| Author: | MR T [ Wed Jan 27, 2016 8:57 pm ] |
| Post subject: | Re: Rossendale Hackneys. |
Sussex wrote: billybobs wrote: Ok. Doesn't case law say that a hackney carriage can accept bookings from any source? forget rank work, that is pretty clearly only for cabs from that borough. Yes, but a court could say if you want to work elsewhere then license there. What the court will be persuaded by is 'public safety', is that served better by a local council enforcing those conditions, or no-one enforcing those conditions? Totally agree.. |
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| Author: | Blueknight [ Thu Jan 28, 2016 9:51 am ] |
| Post subject: | Re: Rossendale Hackneys. |
billybobs wrote: Rossendale council are to introduce an "intended use policy". The local association seem to have capitulated in this matter. How can this be legal? There are a number of licensing authorities that have "intended use policies". They are deemed to be legal because of the conclusions given by the judge in the high court case of Newcastle City Council v Berwick upon Tweed Borough Council (2008) In the proper exercise of its statutory discretion under section 37 of the Town Police Clauses Act 1847 a licensing authority is obliged to have regard (a) to whether the applicant intends that the hackney carriage if licensed will be used to ply for hire within the area of that authority, and (b) whether the applicant intends that the hackney carriage will be used (either entirely or predominantly) for private hire remotely from the area of that authority. (ii) A licensing authority may in the proper exercise of its discretion under the said section 37 refuse to grant a licence in respect of a hackney carriage that is not intended to be used to ply for hire within its area and/or is intended to be used (either entirely or predominantly) for private hire remotely from the area of that authority. (iii) In determining whether to grant a licence under the said section 37 a licensing authority may require an applicant to submit information pursuant to section 57 Local Government (Miscellaneous Provisions) Act 1976 in order to ascertain the intended usage of the vehicle. So, it would seem that your local association know a bit about the law pertaining to the trade they represent. |
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| Author: | Midlife martyr [ Thu Jan 28, 2016 10:16 am ] |
| Post subject: | Re: Rossendale Hackneys. |
So if someone who gets a Hackney license in Rossendale later starts operating as a Ph driver outside his area is that grounds for revocation ? |
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