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PostPosted: Sun Jan 15, 2006 10:06 am 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
smiffyz (geoff) wrote:
You dont have the ruling on that do you? I'd luv to see the look on our LO's face when he read it! :lol:


You live in the same country don't you ?????, the law applies


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PostPosted: Sun Jan 15, 2006 10:53 am 
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Location: Cheshire
They are issued as "none transferable" ie you leave the trade, you hand them back, not sell them on.


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PostPosted: Sun Jan 15, 2006 5:42 pm 
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smiffyz (geoff) wrote:
Warrington's issuing of 15 plates for WAV vehicles only and must be returned so the plate cannot be sold on for proffit.

I sort of agree with the sentiments of that, but it's about as legal as PH me picking up from a taxi rank. :shock:

Anyone can transfer their plates. Whether they got them 20 years ago, or twenty minutes ago. :wink:

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PostPosted: Sun Jan 15, 2006 9:54 pm 
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herfordian wrote:
With 24 hours licensing is there any borough where there is unmet demand now?

Had a chat with someone who is well up-to-date over liquor licensing and he says the extended hours lark isn't working.

Many clubs that have licenses till 5.00am are still closing around 2.00am. Thus the punters are still binge drinking and coming out on mass as they were prior to the change in the law.

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PostPosted: Mon Apr 03, 2006 12:16 am 
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Location: edinburgh
why is edinburgh not on the list :?: \:D/


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PostPosted: Mon Apr 03, 2006 8:01 am 
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ALI T wrote:
why is edinburgh not on the list :?: \:D/

What is something happening up in Edinburgh? :roll:

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PostPosted: Tue Oct 03, 2006 9:11 pm 
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What about Fife council in Scotland? Does anyone think that it is vunerable to a legal challenge?


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PostPosted: Tue Oct 03, 2006 9:13 pm 
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Excuse the spelling. Vunerable should read vulnerable.


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PostPosted: Wed Oct 04, 2006 5:22 pm 
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middyh wrote:
What about Fife council in Scotland? Does anyone think that it is vunerable to a legal challenge?

If they aren't doing it right, and someone is clued up enough to mount a challenge, then yes.

Otherwise not a chance in hell. :wink:

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PostPosted: Wed Oct 04, 2006 6:21 pm 
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As far as I'm aware, they done a survey about 10 years ago and then again early in 2005. How recent does the survey need to be before it would be accepted in any appeal? What would be the financial implications in appealing against a refusal to grant a licence because of quantity restrictions? To my mind the survey is historic, but would they see it that way in any appeal case?


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PostPosted: Wed Oct 04, 2006 6:37 pm 
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Sussex wrote:
middyh wrote:
What about Fife council in Scotland? Does anyone think that it is vunerable to a legal challenge?

If they aren't doing it right, and someone is clued up enough to mount a challenge, then yes.



I don't think it's just a question of being clued up, it's also about finances and being in a position to put your head above the parapet.

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PostPosted: Wed Oct 04, 2006 8:08 pm 
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middyh wrote:
What about Fife council in Scotland? Does anyone think that it is vunerable to a legal challenge?


That list is outdated and needs updating.

Because of the Scottish court rulings in Dundee and Glasgow, Scotland is now a different ball game to that of England and Wales.

If the Scottish court rulings applied to England and Wales then there would probably only be about half a dozen authorities practicing restrictions.

The Scottish courts stated that in order for a council to refuse a license they must to be in possession of unmet demand "at all times", not just every two or three years. This means documented evidence showing quite clearly that demand has been measured and acted upon in one way or another.

If you believe the council have not measured demand on a regular basis and have no evidence of demand then you would probably have grounds to appeal any license application refusal.

You should first find out if the council have undertaken regular demand observations on a monthly basis, if you feel they haven't then apply for a license and when you have been refused, appeal to the Sheriffs court. You will either succeed or fail?

The financial consequences could be substantial if you do this by yourself and fail. So be warned.

Regards

JD


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PostPosted: Wed Oct 04, 2006 10:34 pm 
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middyh wrote:
To my mind the survey is historic, but would they see it that way in any appeal case?

If it was done in 2005 then it's not historic.

But I remember reading somewhere that the survey wasn't a proper one, so if I was challenging it, then that's the basis on which I would do it. :wink:

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PostPosted: Wed Oct 04, 2006 10:34 pm 
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JD wrote:
middyh wrote:
What about Fife council in Scotland? Does anyone think that it is vunerable to a legal challenge?


That list is outdated and needs updating.

Because of the Scottish court rulings in Dundee and Glasgow, Scotland is now a different ball game to that of England and Wales.

If the Scottish court rulings applied to England and Wales then there would probably only be about half a dozen authorities practicing restrictions.

The Scottish courts stated that in order for a council to refuse a license they must to be in possession of unmet demand "at all times", not just every two or three years. This means documented evidence showing quite clearly that demand has been measured and acted upon in one way or another.

If you believe the council have not measured demand on a regular basis and have no evidence of demand then you would probably have grounds to appeal any license application refusal.

You should first find out if the council have undertaken regular demand observations on a monthly basis, if you feel they haven't then apply for a license and when you have been refused, appeal to the Sheriffs court. You will either succeed or fail?

The financial consequences could be substantial if you do this by yourself and fail. So be warned.

Regards

JD


How would I find out if the council have undertaken regular demand observations on a monthly basis?


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PostPosted: Wed Oct 04, 2006 10:37 pm 
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middyh wrote:
How would I find out if the council have undertaken regular demand observations on a monthly basis?

Ask their 'Freedom of Information' officer to send you the details of their monthly checks. :wink:

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