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PostPosted: Fri Feb 18, 2011 10:37 am 
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The Licensing officer a Mr Elthorpe has refused the request out of hand stating the council has a fixed policy of only licensing wav vehicles as hackneys. In a carefully laid trap the driver has got the L.O to admit he has not put this matter before the committee. Mr Elthorpe is now in breach of several statutes and has fettered the discretion of the local authority.

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PostPosted: Fri Feb 18, 2011 12:34 pm 
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Not forgetting only the secretary of state can decide under the old disability act, what type of vehicle can be licenced, and as he or she has not decided, all those councils that jumped the gun and forced owners into a WAV only policy are in breach of the act
The taxi owner still has the freedom of choice until he or she decides on vehicle type
I think I am right that under the new equality bill, that all disabled must be catered for, and the only way to do that is mixed fleets


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PostPosted: Fri Feb 18, 2011 12:37 pm 
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skippy41 wrote:
Not forgetting only the secretary of state can decide under the old disability act, what type of vehicle can be licenced, and as he or she has not decided, all those councils that jumped the gun and forced owners into a WAV only policy are in breach of the act
The taxi owner still has the freedom of choice until he or she decides on vehicle type
I think I am right that under the new equality bill, that all disabled must be catered for, and the only way to do that is mixed fleets


Is that the act that has been repealed skip? :wink:

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PostPosted: Fri Feb 18, 2011 4:23 pm 
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skippy41 wrote:
Not forgetting only the secretary of state can decide under the old disability act, what type of vehicle can be licenced, and as he or she has not decided, all those councils that jumped the gun and forced owners into a WAV only policy are in breach of the act
The taxi owner still has the freedom of choice until he or she decides on vehicle type


Didn't the Sneddon case decide otherwise?

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I think I am right that under the new equality bill, that all disabled must be catered for, and the only way to do that is mixed fleets


You mean the As-Long-As-Skippy-Gets-To-Keep-His-Saloon-Fleets :D

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PostPosted: Fri Feb 18, 2011 4:24 pm 
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Brummie Cabbie wrote:
Mixed fleets here we go!!


So who gets to run what?

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PostPosted: Fri Feb 18, 2011 4:30 pm 
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pmsl @ Caledonian Cabbie

I think you'll wait a while for answers :wink:

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 Post subject: Crown Court Appeal
PostPosted: Fri Feb 18, 2011 5:36 pm 
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The point I tried to make when looking at the paper's sent to me was that, wether or not the council can stick to their policy, the Licensing Officer has fettered the council's discretion, which is unlawful and he has disregarded the Judges comments in Alma Lunt case completely, he has also failed to review policy under the terms of !995, 1996 and 2010 DDA and Equality bill.
His total contempt in how he has handled this has left the council on a sticky wicket.


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 Post subject: Re: Crown Court Appeal
PostPosted: Fri Feb 18, 2011 5:45 pm 
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tom2907 wrote:
the Licensing Officer has fettered the council's discretion, which is unlawful


In which case there must be a lot of fettering of discretion going on, and not just in relation to this issue?

I mean, everytime you ask an LO something and 'computer says no', does that mean it's unlawful because they've fettered the council's discretion?

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 Post subject:
PostPosted: Wed Mar 09, 2011 3:56 pm 
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The first hearing is scheduled at :Minshull Street Crown confirming :- mention, fix & directions hearing on the 23rd March 2011.


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PostPosted: Wed Mar 09, 2011 6:46 pm 
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littlejack3 wrote:
The first hearing is scheduled at :Minshull Street Crown confirming :- mention, fix & directions hearing on the 23rd March 2011.

There the two side will discuss how many witnesses will be called, and their availability, and estimate how long the case will take to hear.

If I was to guess I would say late summer.

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 Post subject:
PostPosted: Fri Mar 18, 2011 11:10 pm 
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Breaking news, Mr Elthorpe the licensing officer is to retire in two weeks from 16 march. Did he jump or was he pushed.


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PostPosted: Fri Mar 18, 2011 11:28 pm 
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tom2907 wrote:
Breaking news, Mr Elthorpe the licensing officer is to retire in two weeks from 16 march. Did he jump or was he pushed.


Maybe he was tempted by a nice little redunancy offer and the fact that jobs are going :wink:

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