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Smoked Glass
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PostPosted: Sun Jul 04, 2010 3:42 pm 
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mancityfan wrote:
You still havn`t explained why a Hackney has to


� Start within the District
� Finish within the District
� Part of the journey passes through the District
That's the original Hackney 1847 act. The one that says about carrying hay! The council could do with updating their regs, they are over 100 years out of date 8)
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Smoked Glass
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PostPosted: Sun Jul 04, 2010 3:44 pm 
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grandad wrote:
I know that this is about Private hire operators and licenses but what about hackney drivers and hackney vehicles? They don't have to live or be based within the council area that licensed them do they?
No m8. I have mine in another LA. I live in Flintshire nuff sed :? :?
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Smoked Glass
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PostPosted: Sun Jul 04, 2010 3:48 pm 
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Sussex wrote:
mancityfan wrote:
I have noted your comments however provided that a private hire vehicle
operator has all three licences i.e. operators licence, vehicle licence
and drivers licence issued by the same authority his base need not be in
that authorities area.

I too have noticed your comments and you are trying to deflect blame.

We all agree that the three licenses need to match, but under what legal powers is a licensing district permitted to license an operator outside of their licensing district?

I say they have none, therefore that are acting on powers they don't have. [-X
I was once given a PH op license outside of the area, but I do stress I still needed an address inside the area to keep a copy of the records for the LA's officers to check occasionally.
Quote:
We are not talking cross boarder bookings if the operators base is
outside our area that is a separate issue altogether. Provided that
facilities are made available for bookings to be made within Ashfield
and only Ashfield vehicles and drivers are used on those bookings and
records of the bookings are kept it is lawful.

As for Hackney it does not matter at all because the operating centre IS THE VEHICLE, and as we know that can be anywere!
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wannabeeahack
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PostPosted: Sun Jul 04, 2010 3:56 pm 
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Smoked Glass wrote:
Sussex wrote:
mancityfan wrote:
I have noted your comments however provided that a private hire vehicle
operator has all three licences i.e. operators licence, vehicle licence
and drivers licence issued by the same authority his base need not be in
that authorities area.

I too have noticed your comments and you are trying to deflect blame.

We all agree that the three licenses need to match, but under what legal powers is a licensing district permitted to license an operator outside of their licensing district?

I say they have none, therefore that are acting on powers they don't have. [-X
I was once given a PH op license outside of the area, but I do stress I still needed an address inside the area to keep a copy of the records for the LA's officers to check occasionally.
Quote:
We are not talking cross boarder bookings if the operators base is
outside our area that is a separate issue altogether. Provided that
facilities are made available for bookings to be made within Ashfield
and only Ashfield vehicles and drivers are used on those bookings and
records of the bookings are kept it is lawful.

As for Hackney it does not matter at all because the operating centre IS THE VEHICLE, and as we know that can be anywere!



same for my PH then....
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Nigel
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PostPosted: Sun Jul 04, 2010 4:44 pm 
Ashfield are a law to themselves, they make rules up as they go along.
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Sussex
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PostPosted: Sun Jul 04, 2010 8:40 pm 
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grandad wrote:

The same would apply to an operating base that is 5 miles outside the controlled district as well then.

I agree, and that's equally illegal.

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IDFIMH
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Brummie Cabbie
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PostPosted: Sun Jul 04, 2010 8:56 pm 
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grandad wrote:
I know that this is about Private hire operators and licenses but what about hackney drivers and hackney vehicles? They don't have to live or be based within the council area that licensed them do they?

Now I'm getting well interested in this thread.

I am a Brummie licensed HC driving a Brummie licensed HCV, but I now live in the Metropolitan Borough of Walsall, a neighbouring authority.

A few weeks ago, one of my neighbours came up to me whilst I was outside my cab at the front of the house & asked me if she could book me to take them to Birmingham Airport.

I politely declined & said that I was not licensed by the MB of Walsall & I could not do the booking as I was only licensed in Brum.

I believe I acted correctly, but judging by some posts, there is a belief that it was legal for me to take the booking?

Or am I misunderstanding some posts?

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Brummie Cabbie
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PostPosted: Sun Jul 04, 2010 9:05 pm 
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Quote:
We are not talking cross boarder bookings . . .

I agree that cross boarder bookings are illegal . . .

Kevin Neale
Licensing Policy Officer

It would appear that Kevin Neale went to a public school as a boarder & can't get the experience out of his mind.

The boarder should know his boarders from his borders, FFS!!!

Council official with delinquent spelling deficiency syndrome!!

:roll: :roll: :roll:

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mancityfan
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PostPosted: Sun Jul 04, 2010 10:32 pm 
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Quote:
A few weeks ago, one of my neighbours came up to me whilst I was outside my cab at the front of the house & asked me if she could book me to take them to Birmingham Airport.

I politely declined & said that I was not licensed by the MB of Walsall & I could not do the booking as I was only licensed in Brum.


Immediate Hire illegal.
If you gave then your phone number and they phoned you? legal
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Brummie Cabbie
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PostPosted: Sun Jul 04, 2010 10:42 pm 
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mancityfan wrote:
Quote:
A few weeks ago, one of my neighbours came up to me whilst I was outside my cab at the front of the house & asked me if she could book me to take them to Birmingham Airport.

I politely declined & said that I was not licensed by the MB of Walsall & I could not do the booking as I was only licensed in Brum.

Immediate Hire illegal.
If you gave then your phone number and they phoned you? legal

And that's why the legislation needs throwing out the window & new meaningful legislation brought in.

I still believe that if they phoned me in the MB of Walsall it would be illegal for me to do the job.

Otherwise what's the point of having licensed areas?

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Brummie Cabbie.

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mancityfan
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PostPosted: Sun Jul 04, 2010 11:06 pm 
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Quote:
And that's why the legislation needs throwing out the window & new meaningful legislation brought in.

I agree
Quote:
still believe that if they phoned me in the MB of Walsall it would be illegal for me to do the job.


I don`t agree

Quote:
Otherwise what's the point of having licensed areas?

And that's why the legislation needs throwing out the window & new meaningful legislation brought in.
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mancityfan
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PostPosted: Sun Jul 04, 2010 11:33 pm 
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As a Hackney does not fall within the definition of a private hire vehicle under section 80 of the LGMP act 76, provision of a hack is not the same as the provision of a privte hire vehicle.

This was clarified in the case of brentwood vs gladen oct 04.

As a hack can be used for pre-booked "private hire" type services outside its own licensed district,there is no prohibition.
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Smoked Glass
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PostPosted: Mon Jul 05, 2010 12:34 am 
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Brummie Cabbie wrote:
mancityfan wrote:
Quote:
A few weeks ago, one of my neighbours came up to me whilst I was outside my cab at the front of the house & asked me if she could book me to take them to Birmingham Airport.

I politely declined & said that I was not licensed by the MB of Walsall & I could not do the booking as I was only licensed in Brum.

Immediate Hire illegal.
If you gave then your phone number and they phoned you? legal

And that's why the legislation needs throwing out the window & new meaningful legislation brought in.

I still believe that if they phoned me in the MB of Walsall it would be illegal for me to do the job.

Otherwise what's the point of having licensed areas?
You should have taken the booking! The neighbour must book you via the telephone but does it really matter! You must treat it as a telephone booking and log the details in your diary, job done! :wink:
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Smoked Glass
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PostPosted: Mon Jul 05, 2010 12:40 am 
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bloodnock wrote:
grandad wrote:
I know that this is about Private hire operators and licenses but what about hackney drivers and hackney vehicles? They don't have to live or be based within the council area that licensed them do they?


Just like in job it should'nt matter a hoot where you live...all that should matter is that you Licence your business in the in the LA that you want be registered to Operate from and mostly in and where the Initial point of booking must originate from..


mostly in and where the Initial point of booking must originate from.

Why? It does not matter if you have one job booked inside your LA and 99 outside, what does matter is that you have correctly recorded all your jobs for any inspection by the licensing officers or the police.
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Brummie Cabbie
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PostPosted: Mon Jul 05, 2010 6:45 am 
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mancityfan wrote:
As a hack can be used for pre-booked "private hire" type services outside its own licensed district, there is no prohibition.

A HC can be used outside its own area, I agree.

But surely the booking at least has to be made whilst the HC driver is within his own area. Again, otherwise what's the point of licensed areas?

That would also imply that if I, as a Brummie cabbie, drop within the private grounds of a hotel in say your area, Manchester & I'm approached by a passenger that wants to go back to the area that I live in, the MB of Walsall, there is nothing illegal in me accepting & doing that job?

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Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.
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