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PostPosted: Mon Mar 17, 2014 3:18 pm 
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Swannee writes:

Quote:
section 133 of the CGSA.

"public place" means any place (whether a thoroughfare or not) to which the public have unrestricted access and includes:
1. the doorways or entrances of premises abutting on any such place; and
2. any common passage, close, court, stair, garden or yard pertinent to any tenement or group of seperately owned houses.



And were out at the Airport exactly do you believe the public have unrestricted access?

#-o #-o #-o #-o #-o #-o #-o #-o

Honestly, you lot love to dream. #-o #-o #-o #-o #-o

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PostPosted: Mon Mar 17, 2014 3:32 pm 
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Swannee, I don't think there is a square inch of that airport which operates without some sort of restriction.

Your problem is, you are looking at the legislation and reading into it what you want. #-o #-o #-o #-o #-o #-o

Oh and even if you had a valid argument, which I doubt, to take it through the courts may take years, and hundreds of thousands of pounds, for it to see the light of day. And I said before, the Airport Authorities would simply move the goalposts, and it would start all over again. #-o

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PostPosted: Mon Mar 17, 2014 6:24 pm 
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Skull wrote:
Swannee, I don't think there is a square inch of that airport which operates without some sort of restriction.

Your problem is, you are looking at the legislation and reading into it what you want. #-o #-o #-o #-o #-o #-o

Oh and even if you had a valid argument, which I doubt, to take it through the courts may take years, and hundreds of thousands of pounds, for it to see the light of day. And I said before, the Airport Authorities would simply move the goalposts, and it would start all over again. #-o


As usual you only see what you want to see.

Airports are regarded as public places for the smoking and licensing laws so there is no reason or way they can claim otherwise.

Edinburgh airport may try to move the goalposts but all they have succeeded in doing up til now is alienating the public by overcharging them at every opportunity. So public support for what they say and do is on the wane.

Remember their wonderful slogan Edinburgh Airport - where Scotland Meets the world? Substitute Edinburgh Airport = where they fleece the world.

But I digress.

So come on Garry, admit it, you know the airport and ECPH are in the wrong. And would you give up without a fight?


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PostPosted: Mon Mar 17, 2014 6:54 pm 
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Listen, the airport is a place of business operating on private land, they even write their own bylaws ffs. You are dreaming, if you think that in anyway, this constitutes a public thoroughfare, according to the CGSA. #-o I don't believe the CGSA has any bearing on the operation at the airport.


section 133 of the CGSA.

Quote:
"public place" means any place (whether a thoroughfare or not) to which the public have unrestricted access and includes:
1. the doorways or entrances of premises abutting on any such place; and
2. any common passage, close, court, stair, garden or yard pertinent to any tenement or group of seperately owned houses.


I agree the airport operates a restrictive practice, deliberately fettering access to services, and denying customers the opportunity to exercise their freedom of choice, which turns the pubic into sheeple, lining up to be sheered.

Even so, this is an entirely different argument to the one you, and Tony Kensnowt appear to be making.

As for ECPH, they are paying to provide a service to a private entity, and I am afraid. Money talks and bullsh*t walks, and Stevie Malcolm is doing the talking. :-|

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PostPosted: Mon Mar 17, 2014 8:40 pm 
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Skull wrote:
gusmac wrote:
Skull wrote:


I'm not sure if you are correct on this one. As a number of years back, I challenged the airport on Jubilee road being private by pointing out there was no gate to be close this road, making it a private road with public access, and a few weeks later a gate appeared. I am pretty sure that for land to remain private, a gate must be closed on the land a number of times a year.

There is something written into Scott's law about private land and public, rights of way. A private car park, for instance, doesn't become a public car park just because the public has use of it. :-|

Oh and I should also point out. The police were threatening to ban me from the airport at the time, and they couldn't do it because I had a right of access. :-|


The requirement re a private road is that it must be closed to the public for a full 24 hours, at least once a year to remain a private road.
This isn't the point at issue here though.

The point is the definition of a public place, rather than whether a road is public or private. It can be either and still be a public place.
A public place need not be a road, or even outside. Any place to which the public have access is a public place, for as long as the public have access. :D


Gusmac, take into context, the fact, the airport can (do what the fu*k they like) change any access point, road, car park or "rank" people waiting in line, to suit their aims.

You are dreaming, if you think, you have a definitive interpretation of the above. Do me a favour and read what you have written, again?

Honestly, Gusmac, I've been at this a lot longer than you, and even I, would not nail my colours to the mast on this one. #-o


I'm not dreaming Skull and I'm certainly not nailing my colours (or anyone else's) to any mast. :shock:

I simply point out that somewhere can be a public place regardless of who owns it. Ownership is irrelevent.

It doesn't have to be a road, nor does it have to be outside. These are also irrelevent.

Airport byelaws can't and don't allow them to ignore the law of the land. The CGSA is statute law, remember. That outranks anything their little fiefdom decrees.
If Airports do whatever they like, it's not because they can. It's because nobody has had the bollocks and deep pockets to challenge them.

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PostPosted: Mon Mar 17, 2014 10:10 pm 
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Listen, the airport is a cul de sac. Planes drop out of the sky, and the public, are subject to all sorts of restrictions going in and coming out of the Terminal. I think it is a very big stretch to claim it has unrestricted access, and is therefore, a public thoroughfare and should be treated as such. I honestly, don't see the relevance of how the CGSA would apply, in this case.

Oh and that's without even discussing the security implications. :-|

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PostPosted: Tue Mar 18, 2014 4:13 am 
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Skull wrote:
Listen, the airport is a cul de sac. Planes drop out of the sky, and the public, are subject to all sorts of restrictions going in and coming out of the Terminal. I think it is a very big stretch to claim it has unrestricted access, and is therefore, a public thoroughfare and should be treated as such. I honestly, don't see the relevance of how the CGSA would apply, in this case.

Oh and that's without even discussing the security implications. :-|


If the CGSA doesn't apply, one wonders why anyone bothers with a licence at all #-o

Let alone one from a council which restricts them :badgrin:

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PostPosted: Tue Mar 18, 2014 5:24 am 
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Skull wrote:
Listen, the airport is a cul de sac. Planes drop out of the sky, and the public, are subject to all sorts of restrictions going in and coming out of the Terminal. I think it is a very big stretch to claim it has unrestricted access, and is therefore, a public thoroughfare and should be treated as such. I honestly, don't see the relevance of how the CGSA would apply, in this case.

Oh and that's without even discussing the security implications. :-|


you're confusing public place with public thoroughfare.

Airport byelaws are secondary to the the primary legislation of the CGSA etc and their byelaws can only be applied when they do not contradict primary legislation. And that has been to court (in the early nineties, I think it was)

Yes the public may be subject to all sorts of restrictions, but their access is not. A car park can have barriers and all sorts of restrictions but it remains a public place.


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PostPosted: Tue Mar 18, 2014 2:38 pm 
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swannee wrote:
Skull wrote:
Listen, the airport is a cul de sac. Planes drop out of the sky, and the public, are subject to all sorts of restrictions going in and coming out of the Terminal. I think it is a very big stretch to claim it has unrestricted access, and is therefore, a public thoroughfare and should be treated as such. I honestly, don't see the relevance of how the CGSA would apply, in this case.

Oh and that's without even discussing the security implications. :-|


you're confusing public place with public thoroughfare.

Airport byelaws are secondary to the the primary legislation of the CGSA etc and their byelaws can only be applied when they do not contradict primary legislation. And that has been to court (in the early nineties, I think it was)

Yes the public may be subject to all sorts of restrictions, but their access is not. A car park can have barriers and all sorts of restrictions but it remains a public place.


CRT, will lose simply because they don't have the time, money or the resources to outmaneuver the Airport. And the issue of property, whether it be public or private are far more complex than you think. I honestly wouldn't know where to start. :-|

You are dreaming, if you believe, you have a clear understanding of what the Airport can and cannot do.

Anyhoo CRT, are simply fighting the wrong kind of war to win and that's the real problem.

Oh and trust me, my personal feelings don't come into it. I would rather see CRT, win out against the Airport purely from a David and Goliath perspective, but I am pretty sure they are going about it the wrong way.

There are many ways to win a war but going head to head on this issue, isn't one of them. #-o This is going to cost a lot of money to achieve absolutely nothing and CRT, are going to get their bum felt in the long run. :-|

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PostPosted: Tue Mar 18, 2014 3:15 pm 
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Why not take a leaf out of the French book, there is only one way in and out, now if a few cabs were to suddenly break down on this road in both directions, :wink: :wink: :wink:


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PostPosted: Tue Mar 18, 2014 11:00 pm 
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skippy41 wrote:
Why not take a leaf out of the French book, there is only one way in and out, now if a few cabs were to suddenly break down on this road in both directions, :wink: :wink: :wink:



Direct Action, not a chance, they don't have the balls. :-|

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PostPosted: Wed Mar 19, 2014 1:10 pm 
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So would anyone care to comment on what they think, CRT is trying to achieve by taking the council into court?

Oh and I assume there was some kind of vote where CRT members were asked, if they wanted to go ahead with challenging the council?

And of course, the offer of resignations would be on the table, if all goes pear-shaped?


How about you Swannee, you seem to be the only one defending this madness? #-o

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PostPosted: Wed Mar 19, 2014 9:59 pm 
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Let's hope the questions don't get any harder????????????????????????????? #-o #-o #-o #-o #-o #-o #-o

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PostPosted: Thu Mar 20, 2014 5:44 pm 
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So no one knows what CRT, are trying to achieve through their legal challenge, the members were never asked, and the committee is not about to resign, if they lose their court case. #-o #-o #-o #-o #-o #-o

Money well spent... #-o #-o #-o #-o #-o #-o #-o #-o

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PostPosted: Mon Apr 07, 2014 2:15 am 
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Skull wrote:
So no one knows what CRT, are trying to achieve through their legal challenge, the members were never asked, and the committee is not about to resign, if they lose their court case. #-o #-o #-o #-o #-o #-o

Money well spent... #-o #-o #-o #-o #-o #-o #-o #-o


Once again.

Nothing ever changes in the trade, does it? :badgrin:

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