Taxi Driver Online

TAXI DRIVERS' ROW WITH COUNCIL GOES TO COURT

A Group of taxi drivers is using a 100-year-old law to take Bath and North East Somerset Council to court in a row over licences. Fifteen private hire drivers began the process of applying for hackney carriage licences from the authority in March.

Fourteen of them handed over £307 each and expected to get a licence allowing them to be hailed in the street in return. But although the council cashed their cheques, it has now delayed a decision on their applications until September.

In February, the council abandoned its cap of 89 on the number of hackney licences, which allow drivers to pick up fares from the street rather than rely on bookings. In one fell swoop, it issued 17 new licences.

The authority's central argument was that it did not have an up-to-date demand survey to disprove the need for more taxis and had no choice but to approve the licences.

The 14 drivers hoped to follow suit, but were told by members of the council's licensing (hackney carriage and private hire) Sub Committee that the debate would have to be put on ice because a demand survey was now being carried out. The timescale of the survey means a decision will not now be taken until September.

Nine of the drivers have now turned to national industry body the Taxi and Private Hire Association to launch an appeal against the decision. The appeal is being taken to Bristol Crown Court early next month for a preliminary hearing. The association is using the Public Health Acts Amendments Act of 1907 which allows any person who is aggrieved by the withholding of a licence, to appeal to the crown court.

One of the group, Brian Hemmings who has worked as a taxi driver for 16 years, said: "We just want the same treatment as the previous applicants." The group's legal team has advised them not to comment further.

Cllr Vic Pritchard, executive member for community safety and housing at the council, said: "Earlier this year when the council granted a number of hackney carriage licences, it received some objections from the public. "It has therefore decided to undertake a study of the provision in Bath and north east Somerset and has deferred all new applications until it has the results of that survey."

A spokesman for the council said paying the money was an integral part of making an application. "An application cannot be made unless the money is paid," she said. "That is the system. Unless the money is paid we have not received an application, we have just received a query."

The council says it is unable to comment further as it is pending at court. The survey will seek views on current provision and on likely demand, as well as taking into consideration the view that market forces should dictate how many cabs there should be in Bath.

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IDFIMH

It will be very interesting to see if the courts decide how long a defferment can take.

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IDFIMH

It's long past my bedtime, but is this story saying that the NPHA are representing PH drivers in a court case for the issue of new taxi plates???

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Taxi Driver Online
www.taxi-driver.co.uk

There must be something in the air, because a little birdie tells me that they are also helping out the Plymouth folks.

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IDFIMH

It would be interesting to get a ruling on the Dundee scenario but will they put that forward as an alternative argument to deferment? One will have to wait and see.

Regards

JD

I hope the court decide that deferring an apllication for more than six months is illegal, and therefore the applications should be granted.

If councils want to refuse licenses from drivers, then they should have the evidence before them, not put it off until they get their fingers out and look into it.

If a driver asks for a driver's license, the council doesn't refuse because of something they might do in the future, they decide on the evidence that they have in hand whether to issue the license or not.

What Bath council have done is to simply bottle the decision to de-limit, and thank goodness some of the lads have more bottle than them and are getting the courts to do what Bath council should have done in the first place.

But Bath aren't alone, if anyone wants to see a list of gutless councils, then just go to JD's list and see those that still limit.

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IDFIMH

Sadly, councils who knowingly make erroneous decisions are only brought to account when confronted by the legal process. Councils can and do in many cases make decisions that they know are illegal yet they carry them out because they know a person has to very have deep pockets in order to challenge them.

A case in point is Gladden, another case in point is the current decision by Manchester to charge owners to pay for Taxi Marshals.

The list is endless but councils will always do it because in 99 cases out of a 100 they get away with it.

It just goes to show that the price of justice in this country is way beyond the means of the average commoner.

Regards

JD

Is there anything in local government law that makes councillors or officials responsible when they willfully disregard the law?

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Taxi Driver Online
www.taxi-driver.co.uk

I suppose a complaint to The Standards Board might be a start.

http://www.standardsboard.co.uk/

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IDFIMH