Ranking on a neighbouring borough rank with their permission

Small Paul · **Joined:** Thu Jul 31, 2014 9:22 pm **Posts:** 21

A shopping area in a town called Whiteley is in the Winchester Licensing Area but right on the boundary of the Winchester area, a long way from Winchester but quite near Fareham. To my knowledge there are no Winchester Licensed Hackney Carriages that work Whiteley. Fareham Borough Council are saying that it is illegal under the TPCA 1847, section 45 for Winchester to create a Taxi Rank at Whiteley (In the Winchester Area) and allow Fareham Licensed Hackneys to rank there.
Is this true? Or could Winchester legally give permission if they so wished.
If anyone says that this can happen, could you tell me where it is happening please.

Chris the Fish · **Posted:** Sat Feb 13, 2016 11:34 am

I had to read that a few times to follow it.

The only Authority that can create a Rank inside its boundaries is that Authority itself. Having done so, any Hackney from outside that area that used the Rank would be acting illegally (and the Authority could not give permission for this to happen), an outside area Hackney would also be acting illegally if it picked up hails (flag downs) outside the area in which it is licensed. It (the outside area Hackney) could however, be used for a private hiring.

MR T · **Joined:** Thu Sep 07, 2006 8:26 pm **Posts:** 8529

Chris the Fish wrote:

I had to read that a few times to follow it.

The only Authority that can create a Rank inside its boundaries is that Authority itself. Having done so, any Hackney from outside that area that used the Rank would be acting illegally (and the Authority could not give permission for this to happen), an outside area Hackney would also be acting illegally if it picked up hails (flag downs) outside the area in which it is licensed. It (the outside area Hackney) could however, be used for a private hiring.

Are you saying that a P/H can pick up on a hackney stand

Chris the Fish · **Posted:** Sat Feb 13, 2016 11:46 am

Absolutely not.

Only a Hackney, in its own Licensing Area, can be on Rank. To the point that the out of area Hackney can't stop on an authorised rank even to load (a private Hiring) or unload passengers.

But you knew that Mr T.

MR T · **Joined:** Thu Sep 07, 2006 8:26 pm **Posts:** 8529

Chris the Fish wrote:

Absolutely not.

Only a Hackney, in its own Licensing Area, can be on Rank. To the point that the out of area Hackney can't stop on an authorised rank even to load (a private Hiring) or unload passengers.

But you knew that Mr T.

But did he..

Chris the Fish · **Posted:** Sat Feb 13, 2016 11:49 am

He does now...... :roll:

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

Chris the Fish wrote:

I had to read that a few times to follow it.

The only Authority that can create a Rank inside its boundaries is that Authority itself. Having done so, any Hackney from outside that area that used the Rank would be acting illegally (and the Authority could not give permission for this to happen), an outside area Hackney would also be acting illegally if it picked up hails (flag downs) outside the area in which it is licensed. It (the outside area Hackney) could however, be used for a private hiring.

They may not be able to give permission but do they have to prosecute?

MR T · **Joined:** Thu Sep 07, 2006 8:26 pm **Posts:** 8529

Chris the Fish · **Posted:** Sat Feb 13, 2016 1:05 pm

grandad wrote:

They may not be able to give permission but do they have to prosecute?

If they received a formal complaint they would have to take some action, they may go down the "Warning" route the first time, but would be forced into prosecution if the offence and complaint were repeated.

grandad · **Joined:** Tue Apr 03, 2007 11:27 pm **Posts:** 20130

Chris the Fish wrote:

grandad wrote:

They may not be able to give permission but do they have to prosecute?

If they received a formal complaint they would have to take some action, they may go down the "Warning" route the first time, but would be forced into prosecution if the offence and complaint were repeated.

Who is likely to complain? There are no local taxis to complain and it is not likely to be the customer.

Chris the Fish · **Posted:** Sat Feb 13, 2016 2:33 pm

I can't answer "What ifs".

I gave the position, I can do no more.

Chris the Fish · **Posted:** Sat Feb 13, 2016 2:36 pm

What if......

A local Txi Driver or Asociation took out a private prosecution in this scenario?

Would the interloper Taxi Driver be prosecuted along with the LA as they had colluded to break the law?

Sussex · **Posted:** Sat Feb 13, 2016 8:41 pm

If it's on private land away from folks on a private street, then a pick up point allowing non local hacks could theoretically be put in place.

But it's a legal mine field.

Chris the Fish · **Posted:** Sat Feb 13, 2016 9:33 pm

Sussex wrote:

If it's on private land away from folks on a private street, then a pick up point allowing non local hacks could theoretically be put in place.

But it's a legal mine field.

I completely disagree with that Sussex. Unless you mean for Private Bookings of course.

I will find the Court Case on that one.

Sussex · **Posted:** Mon Feb 15, 2016 8:52 pm

Chris the Fish wrote:

Sussex wrote:

If it's on private land away from folks on a private street, then a pick up point allowing non local hacks could theoretically be put in place.

But it's a legal mine field.

I completely disagree with that Sussex. Unless you mean for Private Bookings of course.

I will find the Court Case on that one.

Birmingham Airport.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=4662

Good old JD.

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Ranking on a neighbouring borough rank with their permission

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