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 Post subject: Alldritt
PostPosted: Mon Oct 31, 2005 9:57 pm 
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Very interesting case Alldritt. I wonder how many licensing officers have actually read it or even know of its existance? I also wonder how many councils have illegal conditions attached to license applications such as the ones previously held in Cannock Chase?

I'm sure I could come up with one or two, Trafford readilly springs to mind but I suppose Shirley might have other ideas?

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JD


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PostPosted: Mon Oct 31, 2005 11:05 pm 
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I see the council was another one of those dumb arses that contend you must go to the mags court if you want to appeal a taxi plate application. [-(

It's also quite interesting in that (in that case) SUD didn't need to be found everywhere, and a specific un-met demand at a specific time and place was enough for that court.

But my fav part of that judgement is where the court says that having to present a fully insured vehicle before an appliaction is even considered was an onerous one, and in place for one reason only, to deter applicants.

Now what was in that Trafford letter again? :roll:

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PostPosted: Mon Oct 31, 2005 11:15 pm 
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Sussex wrote:
I see the council was another one of those dumb arses that contend you must go to the mags court if you want to appeal a taxi plate application. [-(

It's also quite interesting in that (in that case) SUD didn't need to be found everywhere, and a specific un-met demand at a specific time and place was enough for that court.

But my fav part of that judgement is where the court says that having to present a fully insured vehicle before an appliaction is even considered was an onerous one, and in place for one reason only, to deter applicants.

Now what was in that Trafford letter again? :roll:


Trafford also has a policy of asking for money up front same as Edinburgh, it would be interesting to see how the Scottish courts interpret Alldritt? There is a huge conflict in Alldritt and some of the case law which has gone before but it is most interesting that the DfT has latched onto the reasoning in Alldritt.

Interesting times, I wonder if Plymouth will be the catalyst of the new order.

Regards

JD


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