I dont know how they have managed to do that, against the best practice guidance
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| Newcastle; Council Successful over SUD Court Challenge??? http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=8966 |
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| Author: | Brummie Cabbie [ Tue Jul 22, 2008 5:57 pm ] |
| Post subject: | Newcastle; Council Successful over SUD Court Challenge??? |
I have been given some very sketchy information this afternoon that in very recent days (don't know exeactly when), Newcastle council have been successful in defending a challenge in court on their policy of limiting HCV licences after a SUD survey showed there was no significant demand for taxis that was unmet. I don't know any more, but would like to know as much as possible from anyone who has any info on this subject. This is URGENT; meeting in Brum tomorrow. |
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| Author: | JD [ Tue Jul 22, 2008 10:51 pm ] |
| Post subject: | Re: Newcastle; Council Successful over SUD Court Challenge?? |
Brummie Cabbie wrote: I have been given some very sketchy information this afternoon that in very recent days (don't know exeactly when), Newcastle council have been successful in defending a challenge in court on their policy of limiting HCV licences after a SUD survey showed there was no significant demand for taxis that was unmet.
I don't know any more, but would like to know as much as possible from anyone who has any info on this subject. This is URGENT; meeting in Brum tomorrow. Why not phone the Newcastle LO I'm sure he will fill you in on the details. Regards JD |
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| Author: | skippy41 [ Tue Jul 22, 2008 11:37 pm ] |
| Post subject: | |
I dont know how they have managed to do that, against the best practice guidance
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| Author: | JD [ Tue Jul 22, 2008 11:42 pm ] |
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skippy41 wrote: I dont know how they have managed to do that, against the best practice guidance
Well legislation does state that a council can restrict licenses if they can prove there is no unmet demand. A survey is the only method of showing the possible level of demand, it is then up to a judge to decide if the survey is accurate? Regards JD |
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| Author: | skippy41 [ Tue Jul 22, 2008 11:46 pm ] |
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I wonder how many Berwick plates where wrongly included in the count, if they where it would definitely give the wrong impression 
All that will happen now is even more Geordie's will head north for there licence 
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| Author: | Brummie Cabbie [ Wed Jul 23, 2008 2:52 am ] |
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skippy41 wrote: I dont know how they have managed to do that, against the best practice guidance
DfT Best Practice Guidance; Paragraph 3 states; However, it will be appreciated that it is for individual licensing authorities to reach their own decisions both on overall policies and on individual licensing matters, in the light of their own views of the relevant considerations. Paragraph 33 states; If a local authority does nonetheless take the view that a quantity restriction can be justified in principle, there remains the question of the level at which it should be set, bearing in mind the need to demonstrate that there is no significant unmet demand. This issue is usually addressed by means of a survey; it will be necessary for the local licensing authority to carry out a survey sufficiently frequently to be able to respond to any challenge to the satisfaction of a court. An interval of three years is commonly regarded as the maximum reasonable period between surveys. |
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| Author: | MR T [ Wed Jul 23, 2008 3:03 am ] |
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It's funny that... the same department deals with buses and recommend that public transport should have a five-year plan.... I wonder what the differences is..... and don't say two years |
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| Author: | GA [ Wed Jul 23, 2008 7:17 am ] |
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Newcastle have successfully defended their policy on more than one occasion over recent years. Its called applying common sence and surveying public demand. BTW people will only go to Berwick if the fees go up, as I have said many times before the vast majority of Berwicks HC working in Newcastle are doing so quite legally and are ex Newcastle PH drivers taking advantage of the law to reduce their costs. B. Lucky 
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| Author: | gusmac [ Wed Jul 23, 2008 12:59 pm ] |
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GA wrote: BTW people will only go to Berwick if the fees go up, as I have said many times before the vast majority of Berwicks HC working in Newcastle are doing so quite legally and are ex Newcastle PH drivers taking advantage of the law to reduce their costs.
So how much demand is being met by these guys? |
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| Author: | Brummie Cabbie [ Thu Jul 24, 2008 8:50 pm ] |
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skippy41 wrote: I dont know how they have managed to do that, against the best practice guidance
But NOT against the law!!! Guidance is guidance; law is statute, that's how they have done it. I suppose the councillors in Newcastle are just as pashed off as councillors around the country are becoming with cabs everywhere coming out of the backside of every road, street, grove, close, crescent & cul-de-sac. Still never mind it's not as bad as Taipei ....... YET They've got 70,000 cabs there, one for every 4 of the population in that city!! Guiness Book of Records here we all come!!! |
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