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 Post subject: Re: what happens now?
PostPosted: Mon Jun 17, 2019 10:35 pm 
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The situation we have is that the council are not likely to make a decision within the 2 months timeframe so wouldn't that make the council in breach of the law for non determination? From what you seem to be saying the council can just sit on any request and do nothing.

If the council don’t implement the tariff change within the two month timeline then any increase has to be readvertised.

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 Post subject: Re: what happens now?
PostPosted: Wed Jun 19, 2019 6:40 pm 
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Sussex wrote:
Quote:
The situation we have is that the council are not likely to make a decision within the 2 months timeframe so wouldn't that make the council in breach of the law for non determination? From what you seem to be saying the council can just sit on any request and do nothing.

If the council don’t implement the tariff change within the two month timeline then any increase has to be readvertised.
So are you saying that the council can ignore section 65 paragraph 4 of the 1976 LGMPA?
If that is the case then why is it in the act?
It turns out that the objections were never even discussed at the meeting which seems to also be a breach of the act.

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 Post subject: Re: what happens now?
PostPosted: Wed Jun 19, 2019 10:36 pm 
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So are you saying that the council can ignore section 65 paragraph 4 of the 1976 LGMPA?

If an increase is to be made in a lawful manner it must be made in accordance of the act.

If those provisions aren't adhered too then there is no increase.

So I'm saying if an increase is to happen then the act must be adhered to. If the council ignore the act, then there will be no increase.

The only way the trade can get an increase is if the council follow the act.

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 Post subject: Re: what happens now?
PostPosted: Thu Jun 20, 2019 4:15 am 
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Sussex wrote:
Quote:
So are you saying that the council can ignore section 65 paragraph 4 of the 1976 LGMPA?

If an increase is to be made in a lawful manner it must be made in accordance of the act.

If those provisions aren't adhered too then there is no increase.

So I'm saying if an increase is to happen then the act must be adhered to. If the council ignore the act, then there will be no increase.

The only way the trade can get an increase is if the council follow the act.

What redress, if any can the drivers seek against the council for failing to adhere to the act?

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 Post subject: Re: what happens now?
PostPosted: Thu Jun 20, 2019 10:01 am 
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What redress, if any can the drivers seek against the council for failing to adhere to the act?

Well it would seem to me the best avenue of redress (and also the cheapest) would be a complaint to the Local Government Ombudsman, as from what you have said a case of maladministration could well be made.

But first someone needs to make a formal complaint to the council.

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 Post subject: Re: what happens now?
PostPosted: Thu Jun 20, 2019 6:41 pm 
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Sussex wrote:
Quote:
What redress, if any can the drivers seek against the council for failing to adhere to the act?

Well it would seem to me the best avenue of redress (and also the cheapest) would be a complaint to the Local Government Ombudsman, as from what you have said a case of maladministration could well be made.

But first someone needs to make a formal complaint to the council.



Over view and scrutiny Committee should be investigating this now,Grandad should get a fellow Councillor of any political persuasion to call it in,sometimes it is best to use the opposition in these cases.


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 Post subject: Re: what happens now?
PostPosted: Fri Jun 21, 2019 6:57 am 
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I would guess that until the deadline has passed they have the opportunity to revisit the decision. I have been in touch with the deputy leader and he has said that he is going to raise the matter with the Chief Executive. I think I may well do the same. i know that the drivers group are in the process of getting ready to raise a formal complaint, however these things take time. The press may have to be asked to get involved.

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 Post subject: Re: what happens now?
PostPosted: Fri Jun 21, 2019 5:14 pm 
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The Chief executive is looking inti it.

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 Post subject: Re: what happens now?
PostPosted: Fri Jun 21, 2019 8:40 pm 
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grandad wrote:
The Chief executive is looking inti it.

He should be.

The law is quite clear, delaying a decision is not within the law.

Clearly the committee have wide ranging powers as to what they can set, but doing nothing is not acceptable.

However surely it's licensing councillors that have delayed matters, not officials. So what can the Chief Excec do?

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 Post subject: Re: what happens now?
PostPosted: Fri Jun 21, 2019 9:08 pm 
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Sussex wrote:
grandad wrote:
The Chief executive is looking inti it.

He should be.

The law is quite clear, delaying a decision is not within the law.

Clearly the committee have wide ranging powers as to what they can set, but doing nothing is not acceptable.

However surely it's licensing councillors that have delayed matters, not officials. So what can the Chief Excec do?
The reason for the delay is because the report made by officers was all wrong and made no sense. For instance they reported that the fares were going down on the flagfall. Currently it is £2.50 for 1/3 of a mile the report then says to get to 1 mile you multiply this by 3 so it gives £7.50. but the new tariff is £3.00 for 1/2 miles so for 1 mile it is 2 times £3.00 which is £6.00 thus a drop of £1.50 per mile.
Can you see the problem here?
The officer has put this in the report 4 times now and wont accept that he has it wrong because you can't have more than 1 flagfall on any job.

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 Post subject: Re: what happens now?
PostPosted: Sat Jun 22, 2019 7:40 pm 
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Quote:
Can you see the problem here?

Yes.

Has anyone suggested to him that he contacts other licensing officers for help, or he joins NALEO or the Institute of Licensing, or rings up the NPHA and asks them for assistance.

Tariff changes are really simple, it's just getting it agreed by the trade and through committee that's the hard part.

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 Post subject: Re: what happens now?
PostPosted: Thu Jun 27, 2019 7:12 pm 
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I have just had a call to let me know that an emergency meeting has been called for tomorrow.

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 Post subject: Re: what happens now?
PostPosted: Thu Jun 27, 2019 7:26 pm 
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It would assist all those trying to give advice if they could see a copy of the present tariff table.


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 Post subject: Re: what happens now?
PostPosted: Thu Jun 27, 2019 7:39 pm 
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heathcote wrote:
It would assist all those trying to give advice if they could see a copy of the present tariff table.

The new table of fares was approved by the committee in April. They just haven't yet considered the objections.
The current table of fares.
sorry it didn't copy well.

HACKNEY CARRIAGE TABLE OF FARES
THESE ARE THE MAXIMUM FARES THAT CAN BE CHARGED WITHIN THE BOROUGH OF MELTON 1st April 2014 Daytime Rate (7am to 11pm) for up to 4 passengers TARIFF 1 For the first ⅓ mile For each mile thereafter Waiting rate £ £2.50 £1.60 £15.00 per hr

Night-time Rate (11pm to 7am) for up to 4 passengers TARIFF 2 For the first ⅓ mile For each mile thereafter Waiting rate £3.00 £2.00 £20.00 per hr

a) Christmas Eve & New Years Eve Rate for up to 4 passengers b) Daytime Rate (7am to 11pm) for more than 4 passengers
TARIFF 3
For the first ⅓ mile For each mile thereafter Waiting rate £4.00 £2.40 £15.00 per hr

a)Christmas Day, Boxing Day, New Years Day; Good Friday, Easter Sunday, Easter Monday; Early May Bank Holiday, Spring Bank Holiday, Summer Bank Holiday Rate for up to 4 passengers b)Night-time Rate (11pm to 7am) for more than 4 passengers
TARIFF 4

For the first ⅓ mile For each mile thereafter Waiting rate
£5.00 £3.20 £30.00 per hr

EXTRA CHARGES
For each animal Guide dogs and listening dogs MAXIMUM SOILING CHARGE
£1.00 FREE £100.00

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 Post subject: Re: what happens now?
PostPosted: Thu Jun 27, 2019 10:11 pm 
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grandad wrote:
I have just had a call to let me know that an emergency meeting has been called for tomorrow.

Committee meeting, or meeting of civil servants pointing their fingers?

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