Taxi Driver Online

Licence suspended.

Not, we understand because of any consideration of the unsubstantiated, uncorroborated allegation.

But because of this:-

11.—
(1) A licensing authority may, whether upon a complaint made to them or not, suspend a licence
in accordance with the provisions of this paragraph.
(2) A licensing authority may order the suspension of a licence if in their opinion—
(a) the holder of the licence or, where the holder is not a natural person, any director of it
or partner in it or any other person responsible for its management, is not or is no longer a
fit and proper person to hold the licence;
(b) the activity to which the licence relates is being managed by or carried on for the benefit
of a person, other than the licence holder, who would have been refused the grant or renewal
of the licence under paragraph 5(3) above;
(c) the carrying on of the activity to which the licence relates has caused, is causing or is
likely to cause undue public nuisance or a threat to public order or public safety;
(d) a condition of the licence has been contravened.

Now, Garry raised the issue of Human Rights.

The council ignored it.

In doing so the council has breached his rights further.

Grateful thanks to Cllr Keir and his legal team for being so crassly, but conveniently, dogmatic and stupid.

Now, it is clear that the council's strategy all along has been to assume Garry wouldn't turn up and they could invoke the CGSA to remove the licence and his right of appeal. This betrays a political abuse of the CGSA and a pre-determination of this matter.

But what hasn't been taken into account was that our strategy has never been to appeal under the CGSA anyway.

This moves straight to Human Rights, the Court of Session and interdict.

Lots of people are going to be taking shedloads from thecouncil for this little spat.

Nice one Cllr Keir. Methinks you've just set in motion a rewrite of the CGSA.



The Convention of Human Rights was brought about to prevent abuse of power by governments. Thank God we have it to deal with the fascists in City of Edinburgh Council who, when questioned about Human Rights, turn their heads away and ignore them.

BTW Our strategy has clearly worked.

We're heading precisely where we want to be. I think that even the Lord Ordinary will agree that the process has now been "apprehended"

We recognise that if the council had any ambition to hold onto its draconian powers, and its ability to abuse licence holders, and protect the turkey, then it had to do what it has done.

But what it has done is fundamentally wrong.

No doubt the council will be satisfied that the bewildered herd will doff their caps at them and control will be maintained.

I wonder whether this will happen when we've forensically examined in Court every decision this committee has taken and required it to prove that it has not breached human rights and every miscreant dragged before the Kangaroo Court has been given full equality before the Law.

The compo across the board here for Human Rights breaches is gonna run to plenty.

Does that mean you'll be able to borrow his taxi or did he rent as well?

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

2 questions?
What was the reasons given that he was suspended?
How much longer is this your "master plan"? 6 years you've been banging on about how this is the route you want to take and your moving the pieces into place and how the endgame is near! Yet your not one iota closer

How long is he suspended for also?
Hope skulls owner is still getting his rental each week! It's not the owners fault skull got himself suspended!

Licence suspended citing the schedule above. Not sure the precise details, a letter will follow. But the terms of the suspension are irrelevant. What is relevant is that they have done the deed and, according to the Lord Ordinary in the Court of Session, a writ is now competent.

Yes, we've been banging on for some time. It's taken quite a while, but we've stuck stoically to the task, despite the petty personal opposition from some within the trade.

But we've been proved spot on when we described how the council conducts itself dictatorially towards licence holders. The council has just shown that it will subjugate any opposition and until challenged when they say jump, you better say how high.

You want to live under the yoke of a council conducting itself like this? This is fascism.

As for the length of time, had people in the trade opened their mind to the argument and taken the council on, then this could have been settled long ago. It took a bit of manoeuvering, but we've now just about got there.

Unemployed, not got a bolt, Human Rights, the its a slam dunk for civil legal aid. This will be fought with the same deep pockets the council has.

Finally, I agree about the particular owner in this case. The guy he drove for has been a diamond, proving that not all owners are bad. But the council cares nothing for him. But perhaps that could be a consideration at the interdict stage, which hopefully will be quite soon. Anyway, it has to be the concern of any owner with a driver that his business, at least in any short term, is dependent on the whim of the butcher, the baker and the candlestick make in the council sated by a power gig.

Imagine if you licensed 10 vehicles, or 20, or 50, or 200? Imagine the ramifications for owners if the whim of the council was to dig out a base licence holder, for whatever reason? Reality is that all of our coats are on a shoogly peg, all our futures uncertain. That's what's at stake here.

As for the length of time also, this whole situation has dragged on because the council has been in the grip of Jim Inch and his manic vested interest protection. This has created an antagonistic climate because there is no reasoning with this council. We've tried on a number of occasions. They were not interested. The political game couldn't work.

So, in the absence of funds to take the matter into court, we've been unable to fight the good fight legally. We tried to do so with the licence applicatiuons, the council used the deep pocket of the public purse to beat us down. Again the trade allowed this to happen, because it was protecting its own vested interest.

However, the comes a point in any battle where a rampaging enemy uses its power to such a degree that it brings about the precise situation we're in now. The council thinks it is so powerful that Human Rights are not relevant to it and its processes. This inherent strength has led to abuse, and our system has in place the mechanism to resolve this - the HRA.

Now we're in the position where we can use the system against itself.

And that's what is going to happen now.

The trade, who should have got involved, had better hope that we win. Because failure here means that our democracy and political accountability will be dead in the water. We'll all be under the yoke of this fascist government.

Jim,
Did ECC execute "The powers of immediate suspension" or, is Gary working under appeal ?

11(1)A licensing authority may, whether upon a complaint made to them or not, suspend a licence in accordance with the provisions of this paragraph.S

(2)A licensing authority may order the suspension of a licence if in their opinion—

(a)the holder of the licence or, where the holder is not a natural person, any director of it or partner in it or any other person responsible for its management, is not or is no longer a fit and proper person to hold the licence;

(b)the activity to which the licence relates is being managed by or carried on for the benefit of a person, other than the licence holder, who would have been refused the grant or renewal of the licence under paragraph 5(3) above;

(c)the carrying on of the activity to which the licence relates has caused, is causing or is likely to cause undue public nuisance or a threat to public order or public safety;

(d)a condition of the licence has been contravened.

(3)A licensing authority may make an order under sub-paragraph (2)(d) above in respect of a contravention of a condition of a licence notwithstanding that there has been no conviction in that respect.

(4)In considering whether to suspend a licence the licensing authority may—

(a)have regard to—

(i)any misconduct on the part of the holder of the licence, whether or not constituting a breach of any provision of Part I or II of this Act or this Schedule, which in the opinion of the authority has a bearing on his fitness to hold a licence;

(ii)where the licence relates to an activity consisting of or including the use of premises or a vehicle or vessel, any misconduct on the part of persons frequenting or using the premises, vehicle or vessel occurring there or any misconduct in the immediate vicinity of the premises, vehicle or vessel which is attributable to those persons;

(b)make such reasonable inquiries as they think fit and, subject to sub-paragraph (5) below, include the results of their inquiries in the matters to which they have regard in such consideration.

(5)Where a licensing authority intend to include any of the results of their inquiries under sub-paragraph (4)(b) above in the matters to which they have regard for the purposes of sub-paragraph (4) above, they shall notify the holder of the licence of that intention.

(6)A licensing authority may, whether upon an application made to them or not, recall an order made under this paragraph.

(7)A licensing authority in considering whether or not to suspend a licence may, but before deciding to do so shall, give—

(a)the holder of the licence;

(b)any person who has made a complaint relevant to the matters to be considered at the hearing;

(c)the chief constable; and

(d)where the licence relates to an activity wholly or mainly carried on in premises, the fire authority,

an opportunity to be heard by the licensing authority.

(8)The licensing authority shall have complied with their duty under sub-paragraph (7) above if they have caused to be sent to the persons entitled under that sub-paragraph to an opportunity to be heard, not later that 21 days before the hearing, notice in writing that the authority propose to hold a hearing, together with a copy of any complaints relevant to the matters to be considered at the hearing and a note of the grounds upon which the suspension of the licence is to be considered and, where they decide to exercise their power under that sub-paragraph, they shall cause such notice, copy and note to be sent to those persons not later than that time.

(9)Where a licensing authority decide to order the suspension of a licence, the suspension shall not, subject to sub-paragraph (10) below, take effect until the expiry of the time within which the holder of the licence may appeal under paragraph 18 below against the suspension or, if such an appeal has been lodged, until it has been abandoned or determined in favour of the suspension.

(10)If, in deciding to order the suspension of a licence, a licensing authority determine that the circumstances of the case justify immediate suspension they may, without prejudice to their other powers under this paragraph, order that the licence shall be suspended immediately.

(11)The period of suspension of a licence under this paragraph shall be the unexpired portion of the duration of the licence, or such shorter period as the licensing authority may fix; and the effect of suspension shall be that the licence shall cease to have effect during the period of the suspension.

(12)A licensing authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the persons referred to in sub-paragraph (7)(a), (c) and (d) above in relation to the licence and to any person who, in pursuance of sub-paragraph (7)(b) above, was heard by the authority before they reached that decision.

http://www.legislation.gov.uk/ukpga/1982/45/schedule/1

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Jasbar You do Skull no favours you t*** Skull ffs nutter jim will get you hung, i think he has loaded the gun and unfortunately you have fired it

You really are a t*t of the first order.

You've been warned all week. Now Garry has been suspended, because of your games.

I know sweet FA about the scottish act, but it seems to me your council has a statutory function, and it is trying to administer the function.

Garry has had 3 opportunities so far to resolve this matter and he declined each......what on earth did you expect them to do?

He'll have a further opportunity to convince a scottish judge.........and I tell you now, the scottish judge will not make a decision on the HRA.......but on Garry's case......in a probably de novo type hearing.

You complete f*cking idiot.

CC

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

This was never about me. The council knew I would never bend to their will while spilling my guts in some vain hope to keep my licence. This was about you. And every taxi driver that lacks backbone enough to stand up for their rights. My licence has been suspended, but you are the ones being slapped down.

When ARE you going to grow up?



Haven't you been paying attention?

Councils are charged to protect Human Rights.

CEC ignores any question of Human Rights, because its feckwit lawyers don't understand it.

No matter, the council is asked what it did to ensure its licensing conditions complied with Human Rights.

The council solicitor tells us that while no specific mention of human rights was mentioned in any of the reports when the council ratified the conditions, he "presumes" human rights were considered.

Imaginge a council lawyer making a presumption of Human Rights?

Methinks the compo has just hiked by 5 grand.

Now, pretendy wee journalist, did you understand even that?

it's as clear as mud now it's compo yir after jimbo

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oh no jimbo no the lub agian

I'm not one for supporting drivers suspensions but this one I agree with. With Taylor spouting bull [edited by admin] eveytime he opens his mouth is there any wonder Skull got suspended? Like someone said above they are after another payout.

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Do not argue with an idiot. He will drag you down to his level and beat you with experience.

Believe me, don't get Mercury X2

Gary, am I right in thinking that you would have to appear before them to get the suspension lifted?