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wannabeeahack
PostPosted: Tue Oct 02, 2012 8:11 pm 
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TX11 CAB wrote:
SpoiltForChoice wrote:
Can a council legally prevent a hackney carriage from another district from doing private hire in its district? :roll: :?

If the question is, can a Hackney from one area work for a Private hire or Taxi firm in another area, I think you should be asking yourself why they would want to? I see many Shropshire Hackneys working for PH in Birmingham and I can only guess that somehow they couldn't get a Brum licence, or have had their Brum licence revoked. Shropshire have now put a stipulation on their licenses saying that they should only work for local firms.


and the local firms can take a booking anywhere to anywhere, assuming they have a vehicle to do it

Listen, we are NOT "parish-serfs" like farm labourers in the 1700's, we can work ANYWHERE (subject to booking)

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wannabeeahack
PostPosted: Tue Oct 02, 2012 8:12 pm 
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Sussex wrote:
bloodnock wrote:
But would that not only apply to Being Hailed or rank work...if it were as the Question mentioned PH style work it shouldn't be an an Issue.

A council licenses a taxi to do taxi work in the council area, it doesn't license it for anything else.

And recent judgements suggest that's the way things should be done.


I doubt that would be upheld

a LA licences a vehicle, it cannot restrict its areas of legal operation, or dont you pickup outside your LA?

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wannabeeahack
PostPosted: Tue Oct 02, 2012 8:14 pm 
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Sussex wrote:
SpoiltForChoice wrote:
Can a council legally prevent a hackney carriage from another district from doing private hire in its district? :roll: :?

No, but the council who license the taxi can put a condition on their license stating that the driver must work predominately in his home area.


that would challenge the owners human rights and restrict their rights to work anywhere in the EU wouldnt it?..

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grandad
PostPosted: Wed Oct 03, 2012 5:47 am 
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Sussex wrote:
No, but the council who license the taxi can put a condition on their license stating that the driver must work predominately in his home area.

I thought that hackney drivers were governed by bylaws and that a council can't put conditions on drivers badges.

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wannabeeahack
PostPosted: Wed Oct 03, 2012 1:14 pm 
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Quote:
A council licenses a taxi to do taxi work in the council area, it doesn't license it for anything else.

And recent judgements suggest that's the way things should be done.


the more i read that the more it doesnt come close to sense

a vehicle is licensed to operate legally, not stop at some imaginary border or line on a map

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Sussex
PostPosted: Wed Oct 03, 2012 6:24 pm 
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wannabeeahack wrote:
the more i read that the more it doesnt come close to sense

Who says the law is sensible? :?

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wannabeeahack
PostPosted: Fri Oct 05, 2012 11:02 am 
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Im stuffed then, 99% of my work is a pickup out of my LA

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Sussex
PostPosted: Fri Oct 05, 2012 7:06 pm 
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wannabeeahack wrote:
Im stuffed then, 99% of my work is a pickup out of my LA

But you drive a PH.

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wannabeeahack
PostPosted: Sat Oct 06, 2012 4:52 pm 
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Sussex wrote:
wannabeeahack wrote:
Im stuffed then, 99% of my work is a pickup out of my LA

But you drive a PH.


makes no diff, a hack out of area is a PH....technically speaking...

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Sussex
PostPosted: Sat Oct 06, 2012 6:40 pm 
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wannabeeahack wrote:
makes no diff, a hack out of area is a PH....technically speaking...

Not sure I concur with that view.

A taxi is never anything other than a taxi.

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wannabeeahack
PostPosted: Sat Oct 06, 2012 8:39 pm 
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Sussex wrote:
wannabeeahack wrote:
makes no diff, a hack out of area is a PH....technically speaking...

Not sure I concur with that view.

A taxi is never anything other than a taxi.


a taxi can take a flag down and sit on a rank, but only IN its own LA

out of its LA its pre-booked work (a'la PH) only

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Brummie Cabbie
PostPosted: Mon Oct 08, 2012 8:33 am 
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grandad wrote:
Sussex wrote:
No, but the council who license the taxi can put a condition on their license stating that the driver must work predominately in his home area.

I thought that hackney drivers were governed by bylaws and that a council can't put conditions on drivers badges.

Correct, so many LAs are now putting conditions of licence on the Hackney Carriage Vehicle Licence, which seems to be allowed under the LG(MP) Act 1976.

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Brummie Cabbie
PostPosted: Mon Oct 08, 2012 8:53 am 
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wannabeeahack wrote:
Sussex wrote:
wannabeeahack wrote:
Im stuffed then, 99% of my work is a pickup out of my LA

But you drive a PH.

makes no diff, a hack out of area is a PH....technically speaking...

Tecnically speaking has no bearing in law.

Legally speaking Mr Christopher Symons QC the judge in the Newcastle City Council v Berwick-upon-Tweed Borough Council High Court case stated the following in his conclusions;

Conclusions

59. Following the handing down of my judgment in draft I heard Counsel on the appropriate form of relief that I should grant. In my judgment the appropriate relief, and the relief that I therefore grant, is by declaration as follows:

(i) In the proper exercise of its statutory discretion under section 37 of the Town Police Clauses Act 1847 a licensing authority is obliged to have regard (a) to whether the applicant intends that the hackney carriage if licensed will be used to ply for hire within the area of that authority, and (b) whether the applicant intends that the hackney carriage will be used (either entirely or predominantly) for private hire remotely from the area of that authority.

(ii) A licensing authority may in the proper exercise of its discretion under the said section 37 refuse to grant a licence in respect of a hackney carriage that is not intended to be used to ply for hire within its area and/or is intended to be used (either entirely or predominantly) for private hire remotely from the area of that authority.

(iii) In determining whether to grant a licence under the said section 37 a licensing authority may require an applicant to submit information pursuant to section 57 Local Government (Miscellaneous Provisions) Act 1976 in order to ascertain the intended usage of the vehicle.

That in law means that all licensing authorities should take the above 'instructions' from this High Court judge into account when licensing Hackney Carriages in England and Wales.

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wannabeeahack
PostPosted: Mon Oct 08, 2012 10:37 am 
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Quote:
(ii) A licensing authority may in the proper exercise of its discretion under the said section 37 refuse to grant a licence in respect of a hackney carriage that is not intended to be used to ply for hire within its area and/or is intended to be used (either entirely or predominantly) for private hire remotely from the area of that authority.


It would be fun watching just how they prove the holder never intended to operate in the licensing area, what they ACTUALLY did would be based on who wanted the vehicle...

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TX11 CAB
PostPosted: Tue Oct 16, 2012 7:56 pm 
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wannabeeahack wrote:
Quote:
(ii) A licensing authority may in the proper exercise of its discretion under the said section 37 refuse to grant a licence in respect of a hackney carriage that is not intended to be used to ply for hire within its area and/or is intended to be used (either entirely or predominantly) for private hire remotely from the area of that authority.


It would be fun watching just how they prove the holder never intended to operate in the licensing area, what they ACTUALLY did would be based on who wanted the vehicle...

Surely if you have a Shropshire HC with a Birmingham Private hire name and number stuck on the door it would be enough to revoke the licence.

Actually, don't you have to get the approval of your LA before putting adverts on your doors? I don't believe these LA's would approve advertising a PH company from miles away on their vehicles.
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