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Right of determination in specific time period?
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Author:  Andy7 [ Thu Dec 22, 2005 5:37 pm ]
Post subject:  Right of determination in specific time period?
Give us a clue someone. Where were the references to how long a Council can take to ascertain whether an applicant for a Hackney Licence is a fit and proper person?
Author:  Sussex [ Thu Dec 22, 2005 9:18 pm ]
Post subject:  Re: Right of determination in specific time period?
Andy7 wrote:
Give us a clue someone. Where were the references to how long a Council can take to ascertain whether an applicant for a Hackney Licence is a fit and proper person?

Once the CRB/medical/knowledge tests requirements have been satisfied then I don't think there is any good reason to with-hold a license.

If there is a doubt then the driver should be informed, which would allow him to appeal.

As for the time, well I rcently read a judgement or ombudsman case similar to this, but for the life of me I can't find it know. #-o

I would advise him to write to the top man asking for a decision.
Author:  Renfrewshire Driver [ Thu Dec 22, 2005 9:24 pm ]
Post subject:  Re: Right of determination in specific time period?
Andy7 wrote:
Give us a clue someone. Where were the references to how long a Council can take to ascertain whether an applicant for a Hackney Licence is a fit and proper person?


Hi Andy

I am not sure how long they have in England but here in Scotland, as far as I know, the local authorities have to hear an application within 3 months & make a decision within 6 or else the aspllication is 'deemed to have been granted'

Sorry I can't be of more help

Why not try a P.M. to J.D. ?
Author:  Andy7 [ Fri Dec 23, 2005 12:02 pm ]
Post subject: 
Cheers mates. Yeah, I remember a case, but cant find it.

We have a driver who worked for us for years as a fitter, then applied for a CRB etc. Did the knowledge, Medical etc. CRB comes back with a minor blemish. The Council say they need more information on the offence and wrote to the police. The police said they are unable to give any further information as it was too long ago and they are not now allowed to give out the information. The Council have said that the driver should apply to the police himself. The driver did this, and they said the same thing to him, ie that they didnt have the information that the council required.

This was 8 months ago. We have pushed them for a decision, but they say they dont have anough information.

The interesting thing, is the original offence. The driver was arrested with his wife while coming home from a do in London under the prevention of terrorism act. The Police accepted that the original arrest was a case of mistaken identity. However, the driver, while in the police cells at Southwark, lost his temper with one of the police officers, and was charged and convicted of abusive behaviour towards the police officer. And fined £40 plus £25 towards costs.

No other convictions.

He has been trying to get his licence for a year now in total.

He has a PSV licence to drive a double-deck bus.
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