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 Post subject: power mad?
PostPosted: Sat Jul 20, 2019 12:57 pm 
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Joined: Tue Apr 29, 2008 3:06 pm
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Location: A City near Birmingham
Can a LO set fees?

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 Post subject: Re: power mad?
PostPosted: Sun Jul 21, 2019 7:23 am 
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No a licensing officer can’t set fees, it has to go through the proposed budget and a best value review will have to be done along with the usual consultation with the trade and advertising in local rag.


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 Post subject: Re: power mad?
PostPosted: Mon Jul 29, 2019 12:49 pm 
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Location: A City near Birmingham
and in reply to my request for a ONE year PH ops licence.........

Quote:
Good Afternoon,

There is now only an option for a 5 year operator’s licence.

Regards,

Licensing Assistant


To which I replied............


Thanks but i refer to a) the LDC policy and b) the Dereg act of 2015


Where an application is granted, a licence document will be issued to the applicant, which confirms their right to operate private hire vehicles. Licences will usually be granted for a period of 5 years.


The Council does however reserve the right to grant licences for a shorter duration if deemed necessary in the circumstances.


The Council will not grant an Operator’s licence for an operating base that is outside the District Council area. This is to ensure proper regulation and enforcement measures may be taken by the Council and is no way intended to be a restraint of trade.




Where an application is refused, suspended and/or revoked by the Licensing Authority, and the operator is aggrieved by the decision there is a right of appeal to a magistrates’ court. Further details will be provided where applicable.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------


Deregulation Act 2015

Section 10: Taxis and private hire vehicles: duration of licences
54.This section amends two sections of the Local Government (Miscellaneous Provisions) Act 1976 that deal with the granting of licences to drive taxis and private hire vehicles and licences to operate private hire vehicles.

55.

Subsection (2) changes the law in such a way as to establish a standard duration of three years for taxi and private hire vehicle driver licences. The section specifies that a licence may be granted for a period of less than three years but only in the circumstances of an individual case, not because of a blanket policy.
56.

Subsection (3) changes the law in such a way as to establish a standard duration of five years for a private hire vehicle operator licence. The section specifies that a licence may be granted for a period of less than five years but only in the circumstances of an individual case, not because of a blanket policy.

57.The section forms part of the law of England and Wales. It applies in England and Wales except in London or Plymouth where different legislation applies.

58.The section comes into force on a day to be appointed by the Secretary of State in a commencement order

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 Post subject: Re: power mad?
PostPosted: Tue Jul 30, 2019 8:40 am 
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Clearly the Council do not deem it necessary to issue a license for a shorter period than 5 years in this case.

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 Post subject: Re: power mad?
PostPosted: Tue Jul 30, 2019 9:38 am 
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grandad wrote:
Clearly the Council do not deem it necessary to issue a license for a shorter period than 5 years in this case.



If the applicant applies for a 1 year license the Council must issue a license for that period,they are operating a blanket policy which is illegal.


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 Post subject: Re: power mad?
PostPosted: Tue Jul 30, 2019 4:22 pm 
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Location: A City near Birmingham
heathcote wrote:
grandad wrote:
Clearly the Council do not deem it necessary to issue a license for a shorter period than 5 years in this case.



If the applicant applies for a 1 year license the Council must issue a license for that period,they are operating a blanket policy which is illegal.


the Senior licensing officer is on holiday, the grease monkey now isnt replying, my ops licence expires tomorrow at midnight..

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 Post subject: Re: power mad?
PostPosted: Tue Jul 30, 2019 4:27 pm 
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Joined: Tue Apr 29, 2008 3:06 pm
Posts: 22176
Location: A City near Birmingham
grandad wrote:
Clearly the Council do not deem it necessary to issue a license for a shorter period than 5 years in this case.


Then why is there no reason made?

Theyve only said "Only 5 years"

And why havent I been told of the appeals procedure?


Quote:
Where an application is refused, suspended and/or revoked by the Licensing Authority, and the operator is aggrieved by the decision there is a right of appeal to a magistrates’ court. Further details will be provided where applicable.

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 Post subject: Re: power mad?
PostPosted: Tue Jul 30, 2019 5:26 pm 
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heathcote wrote:
grandad wrote:
Clearly the Council do not deem it necessary to issue a license for a shorter period than 5 years in this case.



If the applicant applies for a 1 year license the Council must issue a license for that period,they are operating a blanket policy which is illegal.

I would like to agree with you but is not a Council policy, it is in the deregulation act.

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 Post subject: Re: power mad?
PostPosted: Tue Jul 30, 2019 7:15 pm 
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Location: A City near Birmingham
Basically we have a Licensing department who not only dont know the Licensing Act Parliament but dont know their own licensing policy....

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