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PostPosted: Thu Nov 27, 2008 6:49 am 
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so under what criteria do you refuse a license, is it the fact that a person wishes to undertake private hire work in another locality or do you refuse on the basis of their postal code?

My good friend from Gateshead wants a hack license in order to take private bookings fron Newcastle and anywhere else that takes his fancy. Symonds is suggesting that the local authority can refuse the license, my money is on the courts saying they can't

My other good friend lives in Newcastle but wants a license in Gateshead he writes on the application form that he will only work in Gateshead. Under Symonds logic he shouldn't get a license so the council refuse the license. Once again my money is on the courts saying the councils actions are unlawful.

Regards

jd

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PostPosted: Thu Nov 27, 2008 1:33 pm 
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JD wrote:
so under what criteria do you refuse a license, is it the fact that a person wishes to undertake private hire work in another locality or do you refuse on the basis of their postal code?

My good friend from Gateshead wants a hack license in order to take private bookings fron Newcastle and anywhere else that takes his fancy. Symonds is suggesting that the local authority can refuse the license, my money is on the courts saying they can't

My other good friend lives in Newcastle but wants a license in Gateshead he writes on the application form that he will only work in Gateshead. Under Symonds logic he shouldn't get a license so the council refuse the license. Once again my money is on the courts saying the councils actions are unlawful.

Regards

jd


Is that question aimed at me?

regards

CC

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PostPosted: Thu Nov 27, 2008 1:48 pm 
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captain cab wrote:


Is that question aimed at me?

regards

CC


Anyone and everyone,

Regards

JD

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PostPosted: Thu Nov 27, 2008 1:55 pm 
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JD wrote:
so under what criteria do you refuse a license, is it the fact that a person wishes to undertake private hire work in another locality or do you refuse on the basis of their postal code?

My good friend from Gateshead wants a hack license in order to take private bookings fron Newcastle and anywhere else that takes his fancy. Symonds is suggesting that the local authority can refuse the license, my money is on the courts saying they can't

My other good friend lives in Newcastle but wants a license in Gateshead he writes on the application form that he will only work in Gateshead. Under Symonds logic he shouldn't get a license so the council refuse the license. Once again my money is on the courts saying the councils actions are unlawful.

Regards

jd


I think your money is safe.

However, I would like to see the court case if a person is refused because they state they are going to work the vehicle somewhere else, because I suppose the Symons ruling would be part of the councils defence.

I wonder what your freind in Gateshead would do if Berwick only issued HC licenses to WAV's?.

Your freind in Newcastle wanting a Gateshead license would also have to provide a WAV. But under the Symonds logic, in my opinion he would get a license, because he is going to work it in the area he licenses the vehicle.

regards

CC

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PostPosted: Thu Nov 27, 2008 2:33 pm 
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The type of vehicle is irrelevant as you know but in reality such conditions probably would dissaude a person from applying for a license in such areas. The issue however is one of practice because although my friend from Newcastle put a tick in the box stating the vehicle would only be used for public hire in Gateshead he exercised his freedom of choice to undertake private hire work anywhere he likes.

So do Gateshead revoke his license and on what legal grounds?

My fit and proper friend from Gateshead who had his license application refused has by this time appealed that decision on the grounds that a council cannot impose a condition on his drivers or proprietor license that restricts him from performing a legal function not only under british law but also under EU law and the HRA.

Regards

JD

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PostPosted: Thu Nov 27, 2008 2:37 pm 
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JD wrote:
The type of vehicle is irelevant as you know but in reality such conditions probably would dissaude a person from obtaining a license in such areas. The issue however is one of practice because although my friend from Newcastle put a tick in the box stating the vehicle would only be used for public hire in Gateshead he exercised his freedom of choice to undertake private hire work anywhere he chose.

So do Gateshead revoke his license and on what legal grounds?

My fit and proper friend from Gateshead who had his license application refused has by this time appealed that decision on the grounds that a council cannot impose a condition on his drivers or proprietor license that restricts him from performing a legal function not only under british law but also under EU law and the HRA.

Regards

JD


It will be interesting finding out.

CC

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PostPosted: Thu Nov 27, 2008 6:01 pm 
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captain cab wrote:
I wonder what your freind in Gateshead would do if Berwick only issued HC licenses to WAV's?.

I wonder what the local HC trade would say about that. :roll: :roll: :roll:

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PostPosted: Tue Dec 02, 2008 5:58 pm 
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I think the front page headline from PHM sort of hits the nail on its head.

http://www.phtm.co.uk/media/1227876420.pdf

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PostPosted: Fri Dec 05, 2008 6:12 pm 
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Sussex wrote:
I think the front page headline from PHM sort of hits the nail on its head.

http://www.phtm.co.uk/media/1227876420.pdf


I was rushed into hospital Saturday midday and only got out wednesday nght otherwise I would have responded to this long before now.

I think what it shows is that finally a sense of reality is finally creeping into the minds of those who have stubbornly refused to accept the way the law currently stands. If my memory serves me well according to the minutes of the mom Mr Roland was quite adament that the court would side with his opinion.

So now we have an anti climax in the court of appeal regarding a similar issue in respect of private hire opporators accepting bookings for hackney carriages but a decision that has just been clariffied in the berwick case as being perfectly lawfull.

Therefore the outcome of the case is already known and if Maddox advises Wrexham that they have a chance of winning then he is being economical with the facts.

Regards

JD.

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PostPosted: Fri Dec 05, 2008 6:16 pm 
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JD wrote:
Sussex wrote:
I think the front page headline from PHM sort of hits the nail on its head.

http://www.phtm.co.uk/media/1227876420.pdf


I was rushed into hospital Saturday midday and only got out wednesday nght otherwise I would have reponded to this long before now.

If my memory serves me well according to the minutes of the mom Mr Roland was quite adament that the court would side with his opinion.

Regards

JD.


Hope your OK JD.

Those would be the minutes that shouldnt have been published then?

regards

CC

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PostPosted: Fri Dec 05, 2008 6:22 pm 
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JD wrote:
I was rushed into hospital Saturday midday and only got out wednesday nght otherwise I would have reponded to this long before now.

I hope you are better now.

A little bird tells me that the applicants in the Berwick case asked the courts to expedite the case. The courts duly obliged, and gave them an in-experienced judge who, IMO, make a balls up of the highest degree.

I have a good feeling in my water the Wrexham case isn't going to be expedited. :roll: :roll:

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PostPosted: Fri Dec 05, 2008 6:25 pm 
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Sussex wrote:

A little bird tells me :


That would be the non swearing dicky bird as opposed to the potty mouthed variety ](*,)

CC

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PostPosted: Fri Dec 05, 2008 6:35 pm 
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Welcome back, JD. I trust you have recovered. Kindest regards.


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PostPosted: Fri Dec 05, 2008 6:48 pm 
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Welcome back JD, I hope all the parts are now in order, :D and the operation to remove the wallet for Mrs JD was unsuccessful :lol: :lol:


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PostPosted: Fri Dec 05, 2008 8:27 pm 
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I must admit... that these electricity bills are enough to give anyone a heart attack...... hoping you are well JD...... although Skippy's version of the law is always amusing....!!....Trevor :wink:

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