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 Post subject: Is this enforceable?
PostPosted: Mon Aug 07, 2017 10:24 pm 
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Location: A City near Birmingham
A person applying for a licence for a hackney carriage vehicle should do so with the intention of using the vehicle in the administrative area of ******* Borough Council. Where the intention is to use a hackney carriage licensed vehicle in another council’s area for private hire, then the applicant should apply to that council for an appropriate licence.3b.9 In accordance with section 57 of the Local Government (Miscellaneous Provisions) Act 1976, a person applying for a hackney carriage licence will be required to indicate whether the vehicle will be used primarily within the administrative area of Tamworth Borough Council or outside the area. Details will be required as to the proportion of business that will be carried out both within and out of ******* Borough Council’s administrative area. In addition, details of the location of business carried on outside the Council’s area will be required.

Applications received where the primary use of the vehicle is or is likely to be outside the Council’s area will be refused.



Applications for the grant of a new hackney carriage licence
J1.2 Applicants for new licences will be expected to demonstrate a bona fide intention to ply for hire within the administrative area of ******* Borough Council under the terms of the licence for which application is being made.
J1.3 There will be a presumption that applicants who do not intend to a material extent to ply for hire within the administrative area of ******* Borough Council will not be granted a hackney carriage licence authorising them to do so. Each application will be decided on its individual merits.
J1.4 Even where the applicant intends to ply for hire to a material extent in the administrative area of ****** Borough Council, if the intention is to trade in another authority’s area also for a substantial amount of time (and it appears that the purpose of the legislation and public safety will be frustrated) then, subject to the merits of the particular application, there will be a presumption that the application will be refused.

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 Post subject: Re: Is this enforceable?
PostPosted: Mon Aug 07, 2017 11:41 pm 
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Short and swift answer, YES


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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 7:00 am 
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heathcote wrote:
Short and swift answer, YES



Bit longer answer would be for an aggrieved applicant to appeal to the courts to get a decision.

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 7:46 am 
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My main problem with these type of rules is how does it affect people who are doing airport transfers only? Their work would hardly ever be within their licensed area.

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 10:41 am 
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Its from the neighbouring LA, ours have no useage policy

its odd when the EU have a freedom to work anywhere ruling for member state citizens a local parish council opposed freedom of work/movement

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 12:05 pm 
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Short and swift answer no


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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 3:22 pm 
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Is it Yes.. or ..Is it No...until somebody goes to court we will have to guess.

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 7:37 pm 
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grandad wrote:
My main problem with these type of rules is how does it affect people who are doing airport transfers only? Their work would hardly ever be within their licensed area.

Then they could license as PH.

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 7:41 pm 
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mancityfan wrote:
Short and swift answer no

I think it is enforceable due to the fact the council can issue to who they like or not as the case maybe. Clearly it is open to applicants to appeal.

I think a court could take a view that a licensing council has a duty imposed by parliament to enforce the licensing conditions on the vehicle they license.

If the vehicle is never in the licensing area how do they comply with that duty?

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 8:22 pm 
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Sussex wrote:
mancityfan wrote:
Short and swift answer no

I think it is enforceable due to the fact the council can issue to who they like or not as the case maybe. Clearly it is open to applicants to appeal.

I think a court could take a view that a licensing council has a duty imposed by parliament to enforce the licensing conditions on the vehicle they license.

If the vehicle is never in the licensing area how do they comply with that duty?


Thats the issue... what if the HC is working as PH elsewhere for (say) 3 or 4 days a week only?

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 8:23 pm 
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Sussex wrote:
grandad wrote:
My main problem with these type of rules is how does it affect people who are doing airport transfers only? Their work would hardly ever be within their licensed area.

Then they could license as PH.


As no-one can forsee what work will come in why shouldnt they plate HC?

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 Post subject: Re: Is this enforceable?
PostPosted: Tue Aug 08, 2017 11:24 pm 
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MR T wrote:
Is it Yes.. or ..Is it No...until somebody goes to court we will have to guess.



It has been in Court,decision in favour of Council putting restrictions in policy.

The Crown(Blue Line Taxis) and The Council of the County of Northumberland. Neutral Citation Number: EWHC 1539(Admin) Case No: Co/4942/2011 date 1/6/2012

This was the case that led Councils to restrict issuing licenses to out of towners.


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 Post subject: Re: Is this enforceable?
PostPosted: Wed Aug 09, 2017 7:56 am 
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Sussex wrote:
grandad wrote:
My main problem with these type of rules is how does it affect people who are doing airport transfers only? Their work would hardly ever be within their licensed area.

Then they could license as PH.

Don't some Councils also have the intended use policy for Private Hire since the deregulation act?

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 Post subject: Re: Is this enforceable?
PostPosted: Wed Aug 09, 2017 9:21 am 
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grandad wrote:
Sussex wrote:
grandad wrote:
My main problem with these type of rules is how does it affect people who are doing airport transfers only? Their work would hardly ever be within their licensed area.

Then they could license as PH.

Don't some Councils also have the intended use policy for Private Hire since the deregulation act?



Thought we were just discussing Hackney Carriage Policy and conditions attached to license.


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 Post subject: Re: Is this enforceable?
PostPosted: Wed Aug 09, 2017 9:31 am 
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heathcote wrote:
MR T wrote:
Is it Yes.. or ..Is it No...until somebody goes to court we will have to guess.



It has been in Court,decision in favour of Council putting restrictions in policy.

The Crown(Blue Line Taxis) and The Council of the County of Northumberland. Neutral Citation Number: EWHC 1539(Admin) Case No: Co/4942/2011 date 1/6/2012

This was the case that led Councils to restrict issuing licenses to out of towners.

And the Judge said.....

70. I do not doubt that the record-keeping obligation will be an unwelcome intrusion into a driver’s daily work routine. However, there is an important overall public safety issue and a balance has to be struck. I cannot see why, in principle, it should be said that these requirements (or requirements like them) are irrational or unworkable. Again, the Magistrates’ Court can adjudicate on these matters.
71. What is probably right to observe is that the proposed conditions should not be set in stone. Any policy, together with its refinements, has to be kept under review and if certain of the conditions prove to be unworkable, doubtless they will be changed.

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