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 Post subject: Re: opinions
PostPosted: Mon Mar 21, 2016 12:46 am 
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heathcote wrote:
Again I must stress if you make an application to a licensing authority for a particular license under the Act of Parliament a Council can only issue the license you applied for,they cannot issue something that an application has not requested in other words for those who cannot fathom it out Act outside the LAW.

Spot on!

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 Post subject: Re: opinions
PostPosted: Mon Mar 21, 2016 7:36 am 
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heathcote wrote:
Again I must stress if you make an application to a licensing authority for a particular license under the Act of Parliament a Council can only issue the license you applied for,they cannot issue something that an application has not requested in other words for those who cannot fathom it out Act outside the LAW.

Our application form is for a duel license. Some drivers like the combined license because some drivers drive both types of vehicle. Indeed until recently we had 5 private hire cars as well as our hackney vehicles.

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 Post subject: Re: opinions
PostPosted: Mon Mar 21, 2016 10:59 am 
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If you want a Dual badge and they offer one, have it, knowing you will under Conditions and Byelaws. Good luck to you.

If you want just one, then ask for the one you want. Follow it up by insisting.

When you get a full breakdown of the Taxi and PH budgets it is going to be a nightmare.

Would you stand for it if they Licensed you for a Sex Shop because it is easier for the LA to combine them, whether you want that or not? :badgrin:

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 Post subject: Re: opinions
PostPosted: Mon Mar 21, 2016 6:02 pm 
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Chris the Fish wrote:
Would you stand for it if they Licensed you for a Sex Shop because it is easier for the LA to combine them, whether you want that or not?



not at what that licence cost me last time

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 Post subject: Re: opinions
PostPosted: Tue Mar 22, 2016 9:28 am 
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wannabeeahack wrote:
The matter of hacks working (albeit as PH only via a base) in a LA they are not plated for


Rossendale have tried (are trying) to add a caveat that whoever they licence should "work predominantly in the area (Rossendale)" and would have to declare such on applications and renewals, fibbing meaning they would not be "fit and proper" I assume.


question, would this be a requirement for driver or vehicle licences or both?

Firstly this requirement is not a condition of a licence. It is a "question", preceding the grant of a licence, to establish where a hackney carriage is, predominantly, going to be working. The judge, summing up in the Newcastle v Berwick case, made it clear that this was a question that a licensing authority had a right to ask; giving a right to consider refusal of the licence if the hackney was to be used predominantly outside of the licensing district.

The "question" is now used by a number of licensing authorities whose licensed hackneys have historically been used as private hire up and down the country. I believe, also, that the question has been challenged in at least one area and held to be lawful. I'm prepared to be shot down on that belief if I'm wrong.


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 Post subject: Re: opinions
PostPosted: Tue Mar 22, 2016 10:07 am 
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Blueknight wrote:
wannabeeahack wrote:
The matter of hacks working (albeit as PH only via a base) in a LA they are not plated for


Rossendale have tried (are trying) to add a caveat that whoever they licence should "work predominantly in the area (Rossendale)" and would have to declare such on applications and renewals, fibbing meaning they would not be "fit and proper" I assume.


question, would this be a requirement for driver or vehicle licences or both?

Firstly this requirement is not a condition of a licence. It is a "question", preceding the grant of a licence, to establish where a hackney carriage is, predominantly, going to be working. The judge, summing up in the Newcastle v Berwick case, made it clear that this was a question that a licensing authority had a right to ask; giving a right to consider refusal of the licence if the hackney was to be used predominantly outside of the licensing district.

The "question" is now used by a number of licensing authorities whose licensed hackneys have historically been used as private hire up and down the country. I believe, also, that the question has been challenged in at least one area and held to be lawful. I'm prepared to be shot down on that belief if I'm wrong.



=D> =D> =D> =D> =D> =D> =D> =D> =D> =D> =D>

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 Post subject: Re: opinions
PostPosted: Tue Mar 22, 2016 10:56 am 
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Agree Mr.T,the granting of a license by a L/A is to ply for hire in the district of the L/A granting such license,not to be used as a vehicle purported to be uncontrolled elsewhere.The Judge when giving his decision was correct on putting the onus on the Councils who were abusing their position as Licensing Authorities allowing Officers to do as they please in creating a license regime without control.

The Act states within the District once outside control does not exist.


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 Post subject: Re: opinions
PostPosted: Tue Mar 22, 2016 11:31 am 
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Assuming a Rossendale Hackney applicant convinces the LA. that he is primarily going to work in the Rossendale and gets his badge if he then goes off to work Ph in other boroughs anyway can sanctions be applied to this driver before his badge comes up for renewal in presumably three years which at this point all he has to do is go to another borough Gedling for example and get badged there then keep repeating this stunt every three years.


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 Post subject: Re: opinions
PostPosted: Tue Mar 22, 2016 11:53 am 
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As in the opinion of the Judge the Council can demand that vehicles operating outside the licensing district keep a log of all the work they do and the Licensing Authority have the right to inspect such record at any time.


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 Post subject: Re: opinions
PostPosted: Tue Mar 22, 2016 2:11 pm 
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heathcote wrote:
Agree Mr.T,the granting of a license by a L/A is to ply for hire in the district of the L/A granting such license,not to be used as a vehicle purported to be uncontrolled elsewhere.The Judge when giving his decision was correct on putting the onus on the Councils who were abusing their position as Licensing Authorities allowing Officers to do as they please in creating a license regime without control.

The Act states within the District once outside control does not exist.


bT's..choice of the word.......Question........simplifies explaining........the council asks a Question ......if you lie in response......they can revoke or refuse.....the evidence is the P/h records....

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