Taxi Driver Online

P&K Council have for some time now insisted that any applicant for an operators licence or drivers licence must be up to date with their council tax. They now have the gall to insist that the applicant must take a letter (supplied by the licensing dept) to the office of Local Taxes i.e. the finance department to have it signed as to the state of their account and then return it to the licensing department before any licence will be issued.
I always thought that the duty of the local authority to determine 'fit and proper person' was for the protection of the general public and not as a cheap debt collector

they are breaking the law you know, I dont pay council tac to that council but thier reasonable policies could make me qualify for licenses.

as for the tax one well they are dickheads, as fit and proper persons we all pay the full honest tax.

That doesn't sound too good to me.

What happens if you live outside your licensed area.

Funny lot up there, very very funny.

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IDFIMH

So they are looking at your personal finances as part of being 'fit and proper'? sounds like someone in the licensing office has doesn't quite understand what fit and proper means...
what if you were coming in to the trade from a bankrupt business? would they turn you down?

Wouldnt it be good if all council officers had a brain. Instaed of just a few.

Do you mean just a few officers or just a few brain cells

if elements of the trade are continually going to mention the fact that following de-limitation cabs will not be maintained, surely checking finances is only to be expected?

now theres a thought

regards

Captain Cab

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Is a Local Authority entitled to make themselves priority creditors over any other creditor who may be due funds from the licence applicant :

I suppose they could ask a court to make them such.

But I think they are getting a bit too high and mighty, by doing it themselves.

I would consider the ombudsman, it costs flip all.

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IDFIMH

Where do I find the MAIN MAN man?

Railway child the ombudsman proceadure reqires you to take the matter up with the local authorities councillor or chief executtive first then maybe they will tell you the address, but you do need doccuments minutes reports from the council.

please try to address yourself to solving the problem and not being a pain.

Well of Course London that has a third of the countrys cabs, you do have to proove that you have the resourses to maintain a cab.

its quite Legal now.

Though I do think it would be a lot better to tell our coleagues that are saying these things to shut thier mouths, as they do damage confidence in our trade.

they are the lunatics running the asylam.

no they are not you either can afford to pay and do or the licence will lapse and you hand your plate back.

basic realy, by the way where did you get the name railway child from?

very apt thats how you sound.

I'm not sure if we are talking about a vehicle or driver licenses.

If it's a vehicle license, I suppose a council could say that you should be financially sound to keep it up to scratch. But then again, are councils fit and proper themselves to decide?

I think the conflict of interest issue would arise if anyone appealed to the courts.

As for drivers licenses, it's got f*** all to do with the council, unless the laws are very different up there.

If those who run the CRB don't care, then why should a council?

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IDFIMH

There is a slighlt difference in criteria for a proprietors licence than that of a drivers licence. In order to grant both licences a council may wish to satisfy itself that the person it is granting the licence to is fit and proper to carry out the duties expected of the licence holder in respect of the licence being granted.

In the case of a drivers licence a council may only need to satisfy itself that the person requesting the licence is not a danger to the public and that he can competently drive the vehicle he is being licenced for.

In order to gain a proprietors licence the applicant in some Authorities may not even need a driving licence. However, a licencing Authority may wish to satisfy itself when judging a person to be fit and proper that the applicant is financially solvent and they have no past history of financial impropriety. When granting such licences, a council has a duty to make sure the person it is granting the licence to "is a fit and proper person" and where a financial commitment is needed to service such a licence it is not unreasonable for a council to ask for evidence that the applicant is fit and proper under those circumstances.

If a person feels agrieved at not being granted a licence for whatever reason, he has the right to appeal to a court of law.

You will find case law on this and the learned Judges comments are very interesting.

One can't comment on the authority in question but I do find it odd that a drivers licence would be witheld because of arrears on council tax. If that is the case? I think a magistrates court would be very sympathetic should an applicant wish to appeal.

Best wishes

John Davies.