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PostPosted: Sun Mar 14, 2010 5:28 pm 
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So we are agreed... that waiting lists.... are illegal.. :sad:

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PostPosted: Sun Mar 14, 2010 5:57 pm 
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MR T wrote:
So we are agreed... that waiting lists.... are illegal.. :sad:

No they are not illegal, just that they don't take precedence over any current/live applications.

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PostPosted: Sun Mar 14, 2010 6:04 pm 
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MR T wrote:
So we are agreed... that waiting lists.... are illegal.. :sad:

No I'm not agreed. It depends on how they are constituted.

If you have to fill in an applictaion form for a HCVL to get on the waiting list, then the delay in determining your application is illegal, not the waiting list.

If the waiting list has been constituted by written expressions of interest in becoming the proprietor of a HCVL, then I see nothing wrong with the waiting list.

Also, such a waiting list is not as powereful as those that are on it might seem to think. I do totally concur with Mr Sussex that an applicant for a HCVL at the licensing department offices of any council, with correctly filled in application form for the grant of a HCVL, fee in pocket, the appropriate vehicle outside registered in his name, is a more powerful application than the person on the waiting list.

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PostPosted: Sun Mar 14, 2010 7:52 pm 
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Brummie Cabbie wrote:
MR T wrote:
So we are agreed... that waiting lists.... are illegal.. :sad:

No I'm not agreed. It depends on how they are constituted.

If you have to fill in an applictaion form for a HCVL to get on the waiting list, then the delay in determining your application is illegal, not the waiting list.

If the waiting list has been constituted by written expressions of interest in becoming the proprietor of a HCVL, then I see nothing wrong with the waiting list.

Also, such a waiting list is not as powereful as those that are on it might seem to think. I do totally concur with Mr Sussex that an applicant for a HCVL at the licensing department offices of any council, with correctly filled in application form for the grant of a HCVL, fee in pocket, the appropriate vehicle outside registered in his name, is a more powerful application than the person on the waiting list.
I couldn't resist.... winding you up a little... I think what we can agree on... is that having the waiting list..... does not protect the council from legal challenge....

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PostPosted: Sun Mar 14, 2010 8:18 pm 
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MR T wrote:
Brummie Cabbie wrote:
MR T wrote:
So we are agreed... that waiting lists.... are illegal.. :sad:

No I'm not agreed. It depends on how they are constituted.

If you have to fill in an applictaion form for a HCVL to get on the waiting list, then the delay in determining your application is illegal, not the waiting list.

If the waiting list has been constituted by written expressions of interest in becoming the proprietor of a HCVL, then I see nothing wrong with the waiting list.

Also, such a waiting list is not as powereful as those that are on it might seem to think. I do totally concur with Mr Sussex that an applicant for a HCVL at the licensing department offices of any council, with correctly filled in application form for the grant of a HCVL, fee in pocket, the appropriate vehicle outside registered in his name, is a more powerful application than the person on the waiting list.

I couldn't resist.... winding you up a little... I think what we can agree on... is that having the waiting list..... does not protect the council from legal challenge....

I'd go a great deal further than your statement.

By having a waiting list a council is in grave danger of legal challenge, because the challenger can easily show that there are prospective HCVL proprietor 'in waiting' by virtue of the waiting list.

And if a council does not have an up to date survey showing NUD, then they could be, probably would be, pretty well f*cked.

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PostPosted: Sun Mar 14, 2010 9:33 pm 
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Sould we Debate criteria?? :lol: :shock:

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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: Sun Mar 14, 2010 9:37 pm 
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By the way BC..... were does it say in law that the council has to have a survey..?? 8)

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PostPosted: Sun Mar 14, 2010 9:40 pm 
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MR T wrote:
By the way BC..... were does it say in law that the council has to have a survey..?? 8)


It doesnt :shock: :shock: :shock:

CC

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PostPosted: Sun Mar 14, 2010 9:43 pm 
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captain cab wrote:
MR T wrote:
By the way BC..... were does it say in law that the council has to have a survey..?? 8)


It doesnt :shock: :shock: :shock:

CC
red-wine or white :lol:

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PostPosted: Sun Mar 14, 2010 9:46 pm 
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MR T wrote:
captain cab wrote:
MR T wrote:
By the way BC..... were does it say in law that the council has to have a survey..?? 8)


It doesnt :shock: :shock: :shock:

CC
red-wine or white :lol:


fosters actually :wink:

CC

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PostPosted: Sun Mar 14, 2010 9:56 pm 
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captain cab wrote:
MR T wrote:
By the way BC..... were does it say in law that the council has to have a survey..?? 8)

It doesnt :shock: :shock: :shock:

CC

In statute it doesn't, but in case law it is recommended in one judgment at least.

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Type a message, post your news,
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PostPosted: Sun Mar 14, 2010 9:58 pm 
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captain cab wrote:
MR T wrote:
captain cab wrote:
MR T wrote:
By the way BC..... were does it say in law that the council has to have a survey..?? 8)


It doesnt :shock: :shock: :shock:

CC

red-wine or white :lol:

fosters actually :wink:

CC

Sailor Jerry's for me!!

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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,
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PostPosted: Sun Mar 14, 2010 10:01 pm 
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In law it simply says that the councils must Know that there is no unmet demand.... and courts obviously except independent surveys as being proof..... but then nobody has looked into it to see if there is another way that councils can prove there was no unmet demand that would be accepted in court...... too much hard work I think for the normal everyday licensing officer....and of course the best-practice guidelines recommend surveys :lol:

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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: Sun Mar 14, 2010 10:26 pm 
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MR T wrote:
In law it simply says that the councils must Know that there is no unmet demand.... and courts obviously except independent surveys as being proof..... but then nobody has looked into it to see if there is another way that councils can prove there was no unmet demand that would be accepted in court...... too much hard work I think for the normal everyday licensing officer....and of course the best-practice guidelines recommend surveys :lol:


the law states

Taxi licensing: control of numbers.

The provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in any enactment (whenever passed), shall have effect—

(a)as if in section 37, the words “such number of” and “as they think fit” were omitted; and.

(b)as if they provided that the grant of a licence may be refused, for the purpose of limiting the number of hackney carriages in respect of which licences are granted, if, but only if, the person authorised to grant licences is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet.

CC

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PostPosted: Sun Mar 14, 2010 10:30 pm 
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OK... seeing as I am not a book worm..... is satisfied will do

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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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