Private Reggie wrote:
Gus the quota of plates have been issued, the allocation was at fault, CEC don't have too issue even taylor accepts this, if there is a further issue of licences without a SUD then surely this is a breach of the CGSA, the trade is allowed to view this as de-restriction by appeal is it not
The choice to restrict is your council's, there is no legal obligation to do so.
In fact the CGSA (as amended by the 1985 transport act) allows this only if the council are satisfied there is no unmet demand.
Even then there is no obligation to restrict. It's their decision to do so.
The SUD is a device employed by councils to satisfy the requirements of the 1985 transport act, should they want to restrict.
The allocation is irrelevant if they don't follow the correct procedures. The law comes before the council's wishes.
A deemed grant is when a council do not decide on an application within the relevant time scale.
Generally they must look at an application within 3 months and grant or refuse it within 6 months. If they don't, the licence is deemed to be granted under the CGSA and the council must deliver it to the applicant.
This timescale can be extended by the courts in exeptional circumstances, which tend not to include the council dragging it's ar*e.
Quote:
Everytime there is a challenge, the answer should not be to just grant and the challenge will go away, a challenge just opens the door to another challenge, we need to sort out the current legislation to shut the door on all challenges, licences should only be granted according to the recommendations of a SUD

An easier solution would be for the council to obey the law as it is, instead of consistently acting like they are a law unto themselves.
