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PostPosted: Sun Feb 17, 2013 10:36 am 
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hi just want to clarify whether a l.o can have sweeping powers to refuse/suspend/revoke licenses at his own whim rather than going through the licensing committee
as our one is trying to gain these powers from the next committee meeting and obviously we don't think this is much in the way of a good idea

regards jogra


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PostPosted: Sun Feb 17, 2013 12:00 pm 
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jogra4 wrote:
hi just want to clarify whether a l.o can have sweeping powers to refuse/suspend/revoke licenses at his own whim rather than going through the licensing committee
as our one is trying to gain these powers from the next committee meeting and obviously we don't think this is much in the way of a good idea

regards jogra


The power to immediately suspend licenses was granted via Section 52 of the Road Safety Act giving licensing authorities a power to immediately suspend or revoke a licence where they are of the opinon - which must be recorded - that the interests of public safety require such a course of action.

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PostPosted: Sun Feb 17, 2013 2:07 pm 
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hiya thanks for that i do understand that section ....but what he is vying for is the power to remove/suspend on minor matters without the option of going before committee

jogra4


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PostPosted: Sun Feb 17, 2013 2:52 pm 
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Most councils delegate powers to licensing officers

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PostPosted: Sun Feb 17, 2013 5:40 pm 
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jogra4 wrote:
hiya thanks for that i do understand that section ....but what he is vying for is the power to remove/suspend on minor matters without the option of going before committee

jogra4

Are they suggesting that suspensions or plate removals are carried out without the right of appeal?

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PostPosted: Sun Feb 17, 2013 6:01 pm 
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jogra4 wrote:
hi just want to clarify whether a l.o can have sweeping powers to refuse/suspend/revoke licenses at his own whim rather than going through the licensing committee
as our one is trying to gain these powers from the next committee meeting and obviously we don't think this is much in the way of a good idea

regards jogra

Depends what your local regs say, some say committee others LOs.

Suggest you ask your council why they are spending time and money on anything new in relation to taxi/PH rules and regs when the New Taxi Act Bill will be presented to Parliament by the end of the year.

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PostPosted: Sun Feb 17, 2013 6:02 pm 
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jogra4 wrote:
hiya thanks for that i do understand that section ....but what he is vying for is the power to remove/suspend on minor matters without the option of going before committee

I would ask the committee why they feel no longer up to the job.

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PostPosted: Sun Feb 17, 2013 8:07 pm 
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jogra4 wrote:
hiya thanks for that i do understand that section ....but what he is vying for is the power to remove/suspend on minor matters without the option of going before committee

jogra4



A local authority treats every matter as a matter of public safety - this is where the power given to them by the government was completely stupid unless guidance was issued spelling it out to them the circumstances where they should use the power.

They used these powers in Ashfield - where they suspended immediately 50 drivers for the gratuitous public safety offence of "over ranking".

The best thing I heard of was from Sefton - where the taxi trade worked with the local authority basically going through the offences (or to be more correct and in line with magna carta - allegations) where the powers could be used.

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PostPosted: Wed Feb 27, 2013 7:03 pm 
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Any suspension or revocation notice issued by LEOs under their delegated powers that is not issued with immediate effect in the interests of public safety with reason(s) given why this is so, does not follow a hearing before the Licensing Committee or does not follow a conviction in court or a police caution is a breach of Article Six of the ECHR and is therefore unlawful.

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