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PostPosted: Sat Mar 13, 2010 12:58 pm 
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The procedure locally is drivers fill in a form every year confirming that they are a full-time taxi/PH driver, that they have never had a taxi plate and they live locally. ....

So your council excludes any licenced driver who does not live in your licensed area ...

ps..And I would also point out that the lady in Manchester who took the licensing department to tribunal won her case because she was being discriminated against because she was part-time. :shock:

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PostPosted: Sat Mar 13, 2010 1:04 pm 
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Brummie Cabbie wrote:
MR T wrote:
You most certainly do have to produce the details of the vehicle you intend to license otherwise the application is legally invalid...... and if you have made an application then the council is duty bound to process that application as quickly as possible in a reasonable time period...... failure to do so is unlawful.....

Even if the council has had an independent survey which has found that there is NUD, has then followed due process & decided not to issue any more HCVL?
BC... as I have said before... I am trying to establish the procedures councils use when creating a waiting list.... if the council asked you to fill in a form applying for a licence then from that point onwards it has to be processed as quickly as possible... which means a grant or a refusal..... and then that application is dead.... so it cannot be part of a waiting list......

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PostPosted: Sat Mar 13, 2010 2:18 pm 
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MR T wrote:
Brummie Cabbie wrote:
MR T wrote:
You most certainly do have to produce the details of the vehicle you intend to license otherwise the application is legally invalid...... and if you have made an application then the council is duty bound to process that application as quickly as possible in a reasonable time period...... failure to do so is unlawful.....

Even if the council has had an independent survey which has found that there is NUD, has then followed due process & decided not to issue any more HCVL?

BC... as I have said before... I am trying to establish the procedures councils use when creating a waiting list.... if the council asked you to fill in a form applying for a licence then from that point onwards it has to be processed as quickly as possible... which means a grant or a refusal..... and then that application is dead.... so it cannot be part of a waiting list......

For what reason?

I believe that if a council are not issuing HCVL because they have had a survey which has concluded that there is NUD, then they would be wise to formulate a written policy, endorsed by the licensing committee, establishing the criteria for issuing future HCVL, should they again start to issue HCVL in the future.

As long as the criteria is reasonable, would stand up legally & the council followed it to the letter, I don't see a problem.

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PostPosted: Sat Mar 13, 2010 2:33 pm 
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Brummie Cabbie wrote:
MR T wrote:
Brummie Cabbie wrote:
MR T wrote:
You most certainly do have to produce the details of the vehicle you intend to license otherwise the application is legally invalid...... and if you have made an application then the council is duty bound to process that application as quickly as possible in a reasonable time period...... failure to do so is unlawful.....

Even if the council has had an independent survey which has found that there is NUD, has then followed due process & decided not to issue any more HCVL?

BC... as I have said before... I am trying to establish the procedures councils use when creating a waiting list.... if the council asked you to fill in a form applying for a licence then from that point onwards it has to be processed as quickly as possible... which means a grant or a refusal..... and then that application is dead.... so it cannot be part of a waiting list......

For what reason?To establish if their legal

I believe that if a council are not issuing HCVL because they have had a survey which has concluded that there is NUD, then they would be wise to formulate a written policy, endorsed by the licensing committee, establishing the criteria for issuing future HCVL, should they again start to issue HCVL in the future.

As long as the criteria is reasonable, would stand up legally & the council followed it to the letter, I don't see a problem.
I am not talking about the criteria regarding the issuing of licences.. I hope this helps

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sat Mar 13, 2010 3:02 pm 
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MR T wrote:
To establish if their legal

I am not talking about the criteria regarding the issuing of licences.. I hope this helps

Of course they're legal!!

Why should they not be. A council can keep a list or not; it's entirely up to them.

And I would hazard a guess that these lists are born when a prospective proprietor is refused a HCVL, because the given LA are not issuing licences at that time & the proprietor asks to go on the 'Waiting List'.

The LA can start such a list, or they can say there is no list & we don't keep a list of interested parties.

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Brummie Cabbie.

Type a message, post your news,
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PostPosted: Sat Mar 13, 2010 3:41 pm 
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Brummie Cabbie wrote:
MR T wrote:
To establish if their legal

I am not talking about the criteria regarding the issuing of licences.. I hope this helps

Of course they're legal!!

Why should they not be. A council can keep a list or not; it's entirely up to them.

And I would hazard a guess that these lists are born when a prospective proprietor is refused a HCVL, because the given LA are not issuing licences at that time & the proprietor asks to go on the 'Waiting List'.

The LA can start such a list, or they can say there is no list & we don't keep a list of interested parties.
You are still missing the point.... if the council starts a waiting list... and requires the drivers to fill out an application for a vehicle licence, then the driver is applying for a licence... and the council have to respond to that application within a reasonable time with the answer yes or no..... it cannot hold that application for a unlimited time... so if the person was on the waiting-list for years the council would have been acting illegally.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sat Mar 13, 2010 4:00 pm 
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The council can start a waiting list, that would probably be better named a list of interested parties... which it can refer to.. but it does not have the right to stop anyone applying who is not on that list and his application must be considered in its own right . the councils should have a criteria that is fair to everyone.. it has a duty to the people who are not on the list..... and you must remember that the only person who has made an application is the person who was not on the list.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sat Mar 13, 2010 4:22 pm 
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MR T wrote:
Brummie Cabbie wrote:
MR T wrote:
To establish if their legal

I am not talking about the criteria regarding the issuing of licences.. I hope this helps

Of course they're legal!!

Why should they not be. A council can keep a list or not; it's entirely up to them.

And I would hazard a guess that these lists are born when a prospective proprietor is refused a HCVL, because the given LA are not issuing licences at that time & the proprietor asks to go on the 'Waiting List'.

The LA can start such a list, or they can say there is no list & we don't keep a list of interested parties.

You are still missing the point.... if the council starts a waiting list... and requires the drivers to fill out an application for a vehicle licence, then the driver is applying for a licence... and the council have to respond to that application within a reasonable time with the answer yes or no..... it cannot hold that application for a unlimited time... so if the person was on the waiting-list for years the council would have been acting illegally.

Now that you have come out of the Puzzle Factory & we no longer have to guess at your meanings, I agree with you entirely.

But what Muppet Council would do such a think as to ask a prospective proprietor to fill in an application forms for a HCVL without having bought a vehicle to license.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.


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PostPosted: Sat Mar 13, 2010 4:24 pm 
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MR T wrote:
The council can start a waiting list, that would probably be better named a list of interested parties... which it can refer to.. but it does not have the right to stop anyone applying who is not on that list and his application must be considered in its own right . the councils should have a criteria that is fair to everyone.. it has a duty to the people who are not on the list..... and you must remember that the only person who has made an application is the person who was not on the list.

And I agree with that too.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.


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PostPosted: Sat Mar 13, 2010 5:01 pm 
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Brummie Cabbie wrote:
MR T wrote:
Brummie Cabbie wrote:
MR T wrote:
To establish if their legal

I am not talking about the criteria regarding the issuing of licences.. I hope this helps

Of course they're legal!!

Why should they not be. A council can keep a list or not; it's entirely up to them.

And I would hazard a guess that these lists are born when a prospective proprietor is refused a HCVL, because the given LA are not issuing licences at that time & the proprietor asks to go on the 'Waiting List'.

The LA can start such a list, or they can say there is no list & we don't keep a list of interested parties.

You are still missing the point.... if the council starts a waiting list... and requires the drivers to fill out an application for a vehicle licence, then the driver is applying for a licence... and the council have to respond to that application within a reasonable time with the answer yes or no..... it cannot hold that application for a unlimited time... so if the person was on the waiting-list for years the council would have been acting illegally.

Now that you have come out of the Puzzle Factory & we no longer have to guess at your meanings, I agree with you entirely.

But what Muppet Council would do such a think as to ask a prospective proprietor to fill in an application forms for a HCVL without having bought a vehicle to license.
But some do :mrgreen:

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sat Mar 13, 2010 5:04 pm 
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Brummie Cabbie wrote:
MR T wrote:
Brummie Cabbie wrote:
MR T wrote:
To establish if their legal

I am not talking about the criteria regarding the issuing of licences.. I hope this helps

Of course they're legal!!

Why should they not be. A council can keep a list or not; it's entirely up to them.

And I would hazard a guess that these lists are born when a prospective proprietor is refused a HCVL, because the given LA are not issuing licences at that time & the proprietor asks to go on the 'Waiting List'.

The LA can start such a list, or they can say there is no list & we don't keep a list of interested parties.

You are still missing the point.... if the council starts a waiting list... and requires the drivers to fill out an application for a vehicle licence, then the driver is applying for a licence... and the council have to respond to that application within a reasonable time with the answer yes or no..... it cannot hold that application for a unlimited time... so if the person was on the waiting-list for years the council would have been acting illegally.

Now that you have come out of the Puzzle Factory & we no longer have to guess at your meanings, I agree with you entirely.

But what Muppet Council would do such a think as to ask a prospective proprietor to fill in an application forms for a HCVL without having bought a vehicle to license.
I did not wish to influence your train of thought by contaminating it with mine.... I wanted your thoughts in their virgin form..... and leave toots out of this ..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sat Mar 13, 2010 6:45 pm 
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MR T wrote:
I did not wish to influence your train of thought by contaminating it with mine.... I wanted your thoughts in their virgin form.....

I never have virgin form thoughts any longer, not now.

Memories of virgin form perhaps.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.


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PostPosted: Sat Mar 13, 2010 6:54 pm 
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MR T wrote:
Brummie Cabbie wrote:
But what Muppet Council would do such a think as to ask a prospective proprietor to fill in an application forms for a HCVL without having bought a vehicle to license.

But some do :mrgreen:

Then they tread a potentially dangerous path.

My own view is that there should be not lists whatsoever. But when a LA decide that they will issue further HCVLs, they should then set the criteria for qualification & preference for the new HCVLs adopt it at licensing committee & then place adverts in the Public Notices of local newspapers inviting applications for HCVLs, setting out publicly the qualification criteria & preferences for issuing those HCVLs.

That way everything is above board, providing the criteria is equitable, & it is transparent.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.


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PostPosted: Sat Mar 13, 2010 8:02 pm 
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Brummie Cabbie wrote:
So, has your LA had a survey in the last three years, which established NUD?

Yes.

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PostPosted: Sat Mar 13, 2010 8:09 pm 
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My view is that a live/current application takes precedence over a waiting list, no matter how it's constructed.

Registering to go on a waiting list is massively different to applying for a hackney carriage vehicle license.

So if anyone has applied formally for a plate at the time of a SUD survey, then they should get any plate(s) should that survey find SUD.

Not saying that's fair, but I didn't write the acts.

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