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PostPosted: Wed Mar 12, 2008 8:36 am 
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captain cab wrote:
skippy41 wrote:
Well CC if you cannot see it yet thats your problem, its been and gone and won. :roll: :D 8)
Mind you it took several years before you where found out, :shock: :shock: about the station rank, and had to eat humble pie when JD and the rest of us pointed to the era of your ways and dirty tricks :mrgreen: :mrgreen: :D :D :D


I dont think you can see it either skippy, could you please tell me where it says a Hackney carriage can be used as a private hire vehicle exclusively in another licensing area.

And I dont recall ever being able to make decisions for local authorities, but thanks for the complement.

CC


Does it say anywhere that it can't?

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PostPosted: Wed Mar 12, 2008 1:04 pm 
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captain cab wrote:
Perhaps they might want to get hold of this one too skippy;

THE QUEEN ON THE APPLICATION OF SHANKS (CLAIMANT)
-v-
NORTH TYNESIDE COUNCIL (DEFENDANT)


I'm not sure what you're trying to imply here CC but the background to this case involved costs from the magistrates court in a case where the local authority were successful but compounded by an appeal from which the local authority subsequently withdrew. One presumes this application was for the overall costs incurred?

The reference made by the judge of which you highlight is connected to the magistrates court case which concerned a condition of license. You may not be aware, which does surprise me, that the judge implied in his one line submission, that the council were right to withdraw because the condition in his opinion was "unlawful".

The actual condition which was made in good faith, stated that private hire operators could only use vehicles and drivers for the purpose of private hire operations, that were licensed in the licensing area of North Tyneside.

The condition must have precluded Hackney carriages in some way.

The line you highlight from the court proceedings nullified the condition and proved that the council were wise to withdraw.

I think in respect of licensing matters we have more than enough experienced subscribers to form a consensus on the way the law stands on practically every legal licensing issue. Therefore although some of us might be ill at ease with certain court decisions the fact remains that we have to live with them until such time they are reversed.

I think we should all take a step back and "consider" the settled law as it stands.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.


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PostPosted: Wed Mar 12, 2008 1:14 pm 
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JD wrote:
captain cab wrote:
Perhaps they might want to get hold of this one too skippy;

THE QUEEN ON THE APPLICATION OF SHANKS (CLAIMANT)
-v-
NORTH TYNESIDE COUNCIL (DEFENDANT)


I'm not sure what you're trying to imply here CC but the background to this case involved costs from the magistrates court in a case where the local authority were successful but compounded by an appeal from which the local authority subsequently withdrew. One presumes this application was for the overall costs incurred?

The reference made by the judge of which you highlight is connected to the magistrates court case which concerned a condition of license. You may not be aware, which does surprise me that the judge implied in his one line submission, that the council were right to withdraw because the condition in his opinion was "unlawful".

The actual condition which was made in good faith, stated that private hire operators could only use vehicles and drivers for the purpose of private hire operations, that were licensed in the licensing area of North Tyneside.

This included Hackney carriages, The line you highlight from the court proceedings nullified the condition and proved that the council were wise to withdraw.

I think in respect of licensing matters we have more than enough experienced subscribers to form a consensus on the way the law stands on practically every legal licensing issue. Therefore although some of us might be ill at ease with certain court decisions the fact remains that we have to live with them until such time they are reversed.

I think we should all take a step back and "consider" the settled law as it stands.

Regards

JD


It was JD, I was being mischievous :wink:

All I was asking Skippy was give me proof of this statement in the Gladen case.

As the high court has already made judgment on this case, regarding being licenced in one area and working in another.

CC

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PostPosted: Wed Mar 12, 2008 2:03 pm 
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I know what your problem is CC, as you live next to the Border, there has been some inter breeding going on over the years, your brain is not as it should be or your eyesight.
The question asked was could Gladens law apply in Scotland, and as Gus pointed out in his post on the top line it referred to NOT LICENCED in the 1982 act and it makes no reference to not being able to do it as Grandad stated.
Then you and MR T quote laws and judgements that where done in LONDON that dont mean diddly squat up here or down there as they have been overridden by Gladens law

put the kettle on dear i could be here a while :lol: :lol:


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PostPosted: Wed Mar 12, 2008 2:10 pm 
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skippy41 wrote:
I know what your problem is CC, as you live next to the Border, there has been some inter breeding going on over the years, your brain is not as it should be or your eyesight.
The question asked was could Gladens law apply in Scotland, and as Gus pointed out in his post on the top line it referred to NOT LICENCED in the 1982 act and it makes no reference to not being able to do it as Grandad stated.
Then you and MR T quote laws and judgements that where done in LONDON that dont mean diddly squat up here or down there as they have been overridden by Gladens law

put the kettle on dear i could be here a while :lol: :lol:


I don't follow; the judge in Gladen stated basically that a Hackney carriage proprietor doesn't need a private hire operators license, you said its stated being licenced in one area and working in another all I asked was where in the judgement does it say that?

CC

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PostPosted: Wed Mar 12, 2008 2:13 pm 
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Give the guy a coconut he has finally got it :shock: :shock: :lol: :lol: :lol: :wink:


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PostPosted: Wed Mar 12, 2008 2:21 pm 
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skippy41 wrote:
Give the guy a coconut he has finally got it :shock: :shock: :lol: :lol: :lol: :wink:


I looked again skippy, I still cant find the bit where you say the high court has already made judgment on this case, regarding being licenced in one area and working in another.

CC

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PostPosted: Wed Mar 12, 2008 6:52 pm 
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skippy41 wrote:
I know what your problem is CC, as you live next to the Border, there has been some inter breeding going on over the years, your brain is not as it should be or your eyesight.
The question asked was could Gladens law apply in Scotland, and as Gus pointed out in his post on the top line it referred to NOT LICENCED in the 1982 act and it makes no reference to not being able to do it as Grandad stated.
Then you and MR T quote laws and judgements that where done in LONDON that dont mean diddly squat up here or down there as they have been overridden by Gladens law

put the kettle on dear i could be here a while :lol: :lol:

Now now Skippy , I think you're being unfair to me, I don't quote laws..... I leave that to JD.... and the only reason I posted was for the sake of clarity........ but I would ask you to ask yourself this.... when these acts were made do you think that it was the intention to provide the council's with the power to control or simply to use licensing to generate fees. councils have a duty of care.. and that duty of care is not just for the population within their control, they have to act responsibly,

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Mar 12, 2008 7:06 pm 
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MR T wrote:
skippy41 wrote:
I know what your problem is CC, as you live next to the Border, there has been some inter breeding going on over the years, your brain is not as it should be or your eyesight.
The question asked was could Gladens law apply in Scotland, and as Gus pointed out in his post on the top line it referred to NOT LICENCED in the 1982 act and it makes no reference to not being able to do it as Grandad stated.
Then you and MR T quote laws and judgements that where done in LONDON that dont mean diddly squat up here or down there as they have been overridden by Gladens law

put the kettle on dear i could be here a while :lol: :lol:

Now now Skippy , I think you're being unfair to me, I don't quote laws..... I leave that to JD.... and the only reason I posted was for the sake of clarity........ but I would ask you to ask yourself this.... when these acts were made do you think that it was the intention to provide the council's with the power to control or simply to use licensing to generate fees. councils have a duty of care.. and that duty of care is not just for the population within their control, they have to act responsibly,


To be completely honest MR T councils when given powers do tend to go OTT, there are some councils like Edinburgh that do both of what you mention, the councils do have a duty of care but that should include taxi owners as well by not, overcharging on licencing fee's and not introducing there own unnecessary rules and regulations on top


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