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 Post subject: as predicted
PostPosted: Tue Dec 13, 2011 3:25 pm 
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at it again

Quote:
Purpose of report
To assist the Committee in making decisions on two applications for new taxi licences.
Main report
An application for the grant of new taxi licence was made by Mrs Turnbull on 23 June 2011. Mr Mackie has lodged a late letter of objection against Mrs Turnbull’s application. Mr Mackie also applied for a new taxi licence on 1 July.
It is recommended that the Committee consider the applications in the order that they were made, ie Mrs Turnbull’s first and Mr Mackie’s second, rather than in the order set out on the agenda.
In relation to Mrs Turnbull’s application, the Committee will first have to consider whether it should consider Mr Mackie’s late letter of objection. It can only be considered of the Committee considers that there is sufficient reason for it being made late.
The Council’s policy is to limit the number of taxi licences issued, with a limit of 1,296 taxis. At the date Mrs Turnbull’s and Mr Mackie’s applications were made there were 1295 taxi licences in effect. There was therefore one taxi licence available. However, at the date of this report there are 1,316 taxi licences in effect (1,307 with vehicles) due to 21 new taxi licences having been granted the Sheriff Court on appeal. A summary is shown in Appendix 1.
Applications for new taxi licences can be refused by the Committee in terms of Section 10(3) of the Civic Government (Scotland) Act 1982 if it is satisfied that there is no significant demand for taxi services which is unmet. Appendix 2 contains an assessment of demand for taxi services in the city which concludes that there is currently no significant unmet demand. It is submitted that this would entitle the Committee to consider refusing the applications in terms of Section 10(3).
It is submitted that the Committee should consider the number of taxi licences in effect as at the date of their meeting, not the date the applications were made.
The Committee should consider submissions from the applicants before they reach a decision on their respective applications.
Notwithstanding its policy on taxi limitation, the Committee is required to consider each application on its own merits and could decide to grant one or both of the applications if they consider a special case has been made.
Financial Implications
None
Equalities Impact
None
Environmental Impact
None
Recommendations
(a) That the Committee hear from the applicants and decides whether or not to grant the applications and
(b) if it is decided to grant any application, to make it subject to standard taxi licence conditions and to the following additional condition - “the licence will not take effect until such time as a vehicle is presented which the Council considers to be suitable in type, size and design for use as a taxi and safe for such use and evidence is provided that a policy of insurance is in place as complies with Part VI of the Road Traffic Act 1972”.


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:26 pm 
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Appendix 1
Number of Taxi Licences as at 7 December 2011.

The present situation as regards the number of taxi licences is as follows –

27 August 2009 1266
(Halcrow recommends additional 30 for total of 1296)
Issued between August 2009 and Feb 2010 31

Total at March 2010 1297

Less not renewed 31 December 2010 (1)

Less refused 10 June 2011 (1)

Number of licences 11 June – 21 September 2011 1295

Add Granted by Sheriff Court
22 September 2011 1
28 -31 October 2011 20

Total licences as at 7 December 2011 1316

(Note – of the 21 new taxi licences granted between 22 September and 31 October 2011, only 12 have taxi vehicles attached to them. The remaining 9 licenceholders are in the course of obtaining vehicles and will present them for inspection in due course.)


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:27 pm 
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Quote:
Purpose of report
To assist the Committee in making decisions on two applications for new taxi licences.
Main report
An application for the grant of new taxi licence was made by Mrs Turnbull on 23 June 2011. Mr Mackie has lodged a late letter of objection against Mrs Turnbull’s application. Mr Mackie also applied for a new taxi licence on 1 July.
It is recommended that the Committee consider the applications in the order that they were made, ie Mrs Turnbull’s first and Mr Mackie’s second, rather than in the order set out on the agenda.
In relation to Mrs Turnbull’s application, the Committee will first have to consider whether it should consider Mr Mackie’s late letter of objection. It can only be considered of the Committee considers that there is sufficient reason for it being made late.
The Council’s policy is to limit the number of taxi licences issued, with a limit of 1,296 taxis. At the date Mrs Turnbull’s and Mr Mackie’s applications were made there were 1295 taxi licences in effect. There was therefore one taxi licence available. However, at the date of this report there are 1,316 taxi licences in effect (1,307 with vehicles) due to 21 new taxi licences having been granted the Sheriff Court on appeal. A summary is shown in Appendix 1.
Applications for new taxi licences can be refused by the Committee in terms of Section 10(3) of the Civic Government (Scotland) Act 1982 if it is satisfied that there is no significant demand for taxi services which is unmet. Appendix 2 contains an assessment of demand for taxi services in the city which concludes that there is currently no significant unmet demand. It is submitted that this would entitle the Committee to consider refusing the applications in terms of Section 10(3).
It is submitted that the Committee should consider the number of taxi licences in effect as at the date of their meeting, not the date the applications were made.
The Committee should consider submissions from the applicants before they reach a decision on their respective applications.
Notwithstanding its policy on taxi limitation, the Committee is required to consider each application on its own merits and could decide to grant one or both of the applications if they consider a special case has been made.
Financial Implications
None
Equalities Impact
None
Environmental Impact
None
Recommendations
(a) That the Committee hear from the applicants and decides whether or not to grant the applications and
(b) if it is decided to grant any application, to make it subject to standard taxi licence conditions and to the following additional condition - “the licence will not take effect until such time as a vehicle is presented which the Council considers to be suitable in type, size and design for use as a taxi and safe for such use and evidence is provided that a policy of insurance is in place as complies with Part VI of the Road Traffic Act 1972”.

seems a bit hypocritical


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:29 pm 
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Joined: Sat Jun 18, 2005 12:54 am
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Location: edinburgh
Purpose of report
To assist the Committee in making decisions on two applications for new taxi licences.
Main report
An application for the grant of new taxi licence was made by Mrs Turnbull on 23 June 2011. Mr Mackie has lodged a late letter of objection against Mrs Turnbull’s application. Mr Mackie also applied for a new taxi licence on 1 July.
It is recommended that the Committee consider the applications in the order that they were made, ie Mrs Turnbull’s first and Mr Mackie’s second, rather than in the order set out on the agenda.
In relation to Mrs Turnbull’s application, the Committee will first have to consider whether it should consider Mr Mackie’s late letter of objection. It can only be considered of the Committee considers that there is sufficient reason for it being made late.
The Council’s policy is to limit the number of taxi licences issued, with a limit of 1,296 taxis. At the date Mrs Turnbull’s and Mr Mackie’s applications were made there were 1295 taxi licences in effect. There was therefore one taxi licence available. However, at the date of this report there are 1,316 taxi licences in effect (1,307 with vehicles) due to 21 new taxi licences having been granted the Sheriff Court on appeal. A summary is shown in Appendix 1.
Applications for new taxi licences can be refused by the Committee in terms of Section 10(3) of the Civic Government (Scotland) Act 1982 if it is satisfied that there is no significant demand for taxi services which is unmet. Appendix 2 contains an assessment of demand for taxi services in the city which concludes that there is currently no significant unmet demand. It is submitted that this would entitle the Committee to consider refusing the applications in terms of Section 10(3).
It is submitted that the Committee should consider the number of taxi licences in effect as at the date of their meeting, not the date the applications were made.
The Committee should consider submissions from the applicants before they reach a decision on their respective applications.
Notwithstanding its policy on taxi limitation, the Committee is required to consider each application on its own merits and could decide to grant one or both of the applications if they consider a special case has been made.
Financial Implications
None
Equalities Impact
None
Environmental Impact
None
Recommendations
(a) That the Committee hear from the applicants and decides whether or not to grant the applications and
(b) if it is decided to grant any application, to make it subject to standard taxi licence conditions and to the following additional condition - “the licence will not take effect until such time as a vehicle is presented which the Council considers to be suitable in type, size and design for use as a taxi and safe for such use and evidence is provided that a policy of insurance is in place as complies with Part VI of the Road Traffic Act 1972”.


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:39 pm 
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It looks like they are trying to drag you down the special circumstance's route, instead of applying their minds to the unmet demand at the time of your application. :-|


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:43 pm 
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"However, at the date of this report" what was the date of the report? :?


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:45 pm 
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this was all accompanied by a cobbled together report by peter lang,who is not qualified to interprate the raw data,thiese observations took place almost ayear ago,and further raw spreadsheet data direct from count on us a traffic data counting company.

i know the interim survey data is an aside to the real issue but f*ck me is this really what constitutes a survey in edinburgh.

i cant help wondering how much this costs,and if this is coming from the taxi licensing budget,then i intend to find out.
if they restrict licenses then surely that is a self imposed burden,and as such they should not be able to levy the charge onto applicants through license fee's
using your own money gathered through licencing fee's to deny an applicant a licence before even going before a committee
its farcical,
and now we know why mr mackie objected to my wifes app.pathetic or what :lol: :lol: :lol:

any way up tomorrow and then to appeal by the looks of it as predicted #-o


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:49 pm 
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ALI T wrote:
this was all accompanied by a cobbled together report by peter lang,who is not qualified to interprate the raw data,thiese observations took place almost ayear ago,and further raw spreadsheet data direct from count on us a traffic data counting company.

i know the interim survey data is an aside to the real issue but f*ck me is this really what constitutes a survey in edinburgh.

i cant help wondering how much this costs,and if this is coming from the taxi licensing budget,then i intend to find out.
if they restrict licenses then surely that is a self imposed burden,and as such they should not be able to levy the charge onto applicants through license fee's
using your own money gathered through licencing fee's to deny an applicant a licence before even going before a committee
its farcical,
and now we know why mr mackie objected to my wifes app.pathetic or what :lol: :lol: :lol:

any way up tomorrow and then to appeal by the looks of it as predicted #-o


Who is this clown Mackie? :?


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:49 pm 
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Location: edinburgh
Skull wrote:
It looks like they are trying to drag you down the special circumstance's route, instead of applying their minds to the unmet demand at the time of your application. :-|

they can do what they like when i applied i knew where it would be decided,thats why i applied
what makes you think there trying to make this look like special circumstance Gary :?:


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:57 pm 
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Location: edinburgh
Skull wrote:
ALI T wrote:
this was all accompanied by a cobbled together report by peter lang,who is not qualified to interprate the raw data,thiese observations took place almost ayear ago,and further raw spreadsheet data direct from count on us a traffic data counting company.

i know the interim survey data is an aside to the real issue but f*ck me is this really what constitutes a survey in edinburgh.

i cant help wondering how much this costs,and if this is coming from the taxi licensing budget,then i intend to find out.
if they restrict licenses then surely that is a self imposed burden,and as such they should not be able to levy the charge onto applicants through license fee's
using your own money gathered through licencing fee's to deny an applicant a licence before even going before a committee
its farcical,
and now we know why mr mackie objected to my wifes app.pathetic or what :lol: :lol: :lol:

any way up tomorrow and then to appeal by the looks of it as predicted #-o


Who is this clown Mackie? :?

f*ck knows i wouldn't be surprised if it was the guy who never renewed his licence or someone who knew about it at least.
a complete erse thats for sure

any way the council sent me email and letters telling me that i would be heard by the committee from september through to november,and cancelled them all.
they did this in order to delay so that the donald case and its sists would go on therefore taking up the demand.
it doesnt wash with me,ive no doubt this will be a denial and back into court for another 6 month wait at the very least,what is wrong with these idiots


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 3:58 pm 
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ALI T wrote:
Skull wrote:
It looks like they are trying to drag you down the special circumstance's route, instead of applying their minds to the unmet demand at the time of your application. :-|

they can do what they like when i applied i knew where it would be decided,thats why i applied
what makes you think there trying to make this look like special circumstance Gary :?:


"Notwithstanding its policy on taxi limitation, the Committee is required to consider each application on its own merits and could decide to grant one or both of the applications if they consider a special case has been made."

If it's simply a demand issue why would you have to argue your application as a special case? :-|


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 4:09 pm 
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It looks like they are going to try and wear you down financially. Their tactics are simply to make the case as complex and as costly as possible. When you made your application, you caught them with their trousers down, and now they want to teach you a lesson for your cheek. :-|


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 4:13 pm 
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If they can legally refuse on the no significant unmet demand rule, then I think they will. However, I hope on this occassion their argument is 100% water-tight should it be appealed. What definately shouldn’t be happening is your missus being refused simply because you know the system better than some others, including the Council. So, if there’s even an inkling that a refusal be overtuned on appeal, they should in my opinion, just issue the License now and stop [edited by admin] about.


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 4:33 pm 
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theres more than an inkling of a chance john
donald own words were "i have to consider some legal points very carefully,and the implications arising from that advice" :wink:


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 Post subject: Re: as predicted
PostPosted: Tue Dec 13, 2011 4:37 pm 
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Is it not the case that, at the time of your application, the demand identified by Halcrow had not yet been met? Therefore, Peter Lang's findings would have to show that an unmet demand still existed. :?


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