Taxi Driver Online :: View topic - Prosecution of licensing Officer!

It would seem that we all have a gripe against the licence office of whatever City/Town we belong to.

The main bone of contention is that they do not seem to be doing their jobs, and appear to be a law unto themselves. Sure they are out occasionally, ( like once in a blue moon) with the odd prosecution which in my eyes is nothing short of an appeasement.

Can they be prosecuted for dereliction of duty?

Can they be prosecuted for dereliction of duty?

cabby john wrote:

no

regards

jd

:lol:

I was,nt suprised! :roll:

http://www.north-herts.gov.uk/nhdc_-_auditors_report_on_the_bvpp_2006-07.pdf

Okay! But when an authority i.e makes rules and regulations, and a tragedy happens, could you sue because of negligence, if not! why not.

After all, someone has got to take responsibility.

cabby john wrote:

Okay! But when an authority i.e makes rules and regulations, and a tragedy happens, could you sue because of negligence, if not! why not.

After all, someone has got to take responsibility.

I think first you better distinguish who you intend to sue. One minute you refer to the licensing officer and next minute you refer to the council.

What would be the intention of suing? Suing to recover a financial loss through a councils negligent act would seem appropriate in some circumstances but what other remedy apart from financial loss do you expect to achieve from suing the council?

I suppose you could always bring a charge of breach of statutory duty but then again you are going to have to define what that breach is and if the council did indeed have a duty towards it and what that duty that is?

No examples were given in your post as to what you refer? You mention only the fact that taxi drivers in many areas seem to have a problem with the decisions or actions of licensing officers. I'm afraid not liking decisions does not necessarily mean they are a breach of statutory powers.

We've been down this road many times before and council negligence or breach of duty is not always easy to define.

The licensing officer is only an official of the council and any legal action is likely be brought against the chief executive of the council.

Regards

JD

Author:	cabby john [ Sun Sep 09, 2007 6:07 pm ]
Post subject:	Prosecution of licensing Officer!
It would seem that we all have a gripe against the licence office of whatever City/Town we belong to. The main bone of contention is that they do not seem to be doing their jobs, and appear to be a law unto themselves. Sure they are out occasionally, ( like once in a blue moon) with the odd prosecution which in my eyes is nothing short of an appeasement. Can they be prosecuted for dereliction of duty?

Author:	JD [ Sun Sep 09, 2007 6:51 pm ]
Post subject:	Re: Prosecution of licensing Officer!
cabby john wrote: It would seem that we all have a gripe against the licence office of whatever City/Town we belong to. The main bone of contention is that they do not seem to be doing their jobs, and appear to be a law unto themselves. Sure they are out occasionally, ( like once in a blue moon) with the odd prosecution which in my eyes is nothing short of an appeasement. Can they be prosecuted for dereliction of duty? no regards jd

Author:	MR T [ Sun Sep 09, 2007 7:56 pm ]
Post subject:
No. but you could always set their cars on fire, it seems to be the norm lately in Sefton.

Author:	Sussex [ Sun Sep 09, 2007 8:48 pm ]
Post subject:	Re: Prosecution of licensing Officer!
cabby john wrote: Can they be prosecuted for dereliction of duty? Not really, but you can always complain to the Ombudsman if he/she has made a balls up or two. And you can always complain to the District Auditor is you think your licensing fees are being abused. Or you can just bombard them with loads of FoI requests.

Author:	cabby john [ Sun Sep 09, 2007 8:57 pm ]
Post subject:	Re: Prosecution of licensing Officer!
JD wrote: cabby john wrote: It would seem that we all have a gripe against the licence office of whatever City/Town we belong to. The main bone of contention is that they do not seem to be doing their jobs, and appear to be a law unto themselves. Sure they are out occasionally, ( like once in a blue moon) with the odd prosecution which in my eyes is nothing short of an appeasement. Can they be prosecuted for dereliction of duty? no regards jd Okay! But when an authority i.e makes rules and regulations, and a tragedy happens, could you sue because of negligence, if not! why not. After all, someone has got to take responsibility. It happens in big companies, councils to my way of thinking are not a lot different. MR T Posted: Sun Sep 09, 2007 7:56 pm Post subject: -------------------------------------------------------------------------------- No. but you could always set their cars on fire, it seems to be the norm lately in Sefton. That would seem to be a burning issue.

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Author:	S6 Conversion specialist. [ Sun Sep 09, 2007 11:57 pm ]
Post subject:
You will need a copy of the LO,s employment contract. It should state on this contract he or she,s duties, now if he is in breach of his contract then thats a different matter. This happened locally but was somewhat covered up and the person in question had also appointed himself as inspector and not carried out his duties EVER , still nothing has happened and he has,nt paid back the £38k he was paid for being an Inspector. It has been reported to higher authority but as yet NO ACTION. Democracy.............alive and kicking for those that can afford it!!!!!

Author:	MR T [ Mon Sep 10, 2007 12:29 am ]
Post subject:
http://www.north-herts.gov.uk/nhdc_-_au ... 006-07.pdf

Author:	S6 Conversion specialist. [ Mon Sep 10, 2007 12:33 am ]
Post subject:
I was,nt suprised!

Author:	MR T [ Mon Sep 10, 2007 12:42 am ]
Post subject:
S6 Conversion specialist. wrote: :lol: I was,nt suprised! http://www.opsi.gov.uk/acts/acts1999/uk ... 90027_en_1

Author:	MR T [ Mon Sep 10, 2007 1:14 am ]
Post subject:
[quote="MR T"][quote="S6 Conversion specialist."]:lol:

Author:	cabby john [ Mon Sep 10, 2007 2:31 am ]
Post subject:
MR T wrote: http://www.north-herts.gov.uk/nhdc_-_auditors_report_on_the_bvpp_2006-07.pdf What a class example of hand holding, I would put a smilely "Shocked" but I am not.

Author:	JD [ Mon Sep 10, 2007 3:52 am ]
Post subject:	Re: Prosecution of licensing Officer!
cabby john wrote: Okay! But when an authority i.e makes rules and regulations, and a tragedy happens, could you sue because of negligence, if not! why not. After all, someone has got to take responsibility. I think first you better distinguish who you intend to sue. One minute you refer to the licensing officer and next minute you refer to the council. What would be the intention of suing? Suing to recover a financial loss through a councils negligent act would seem appropriate in some circumstances but what other remedy apart from financial loss do you expect to achieve from suing the council? I suppose you could always bring a charge of breach of statutory duty but then again you are going to have to define what that breach is and if the council did indeed have a duty towards it and what that duty that is? No examples were given in your post as to what you refer? You mention only the fact that taxi drivers in many areas seem to have a problem with the decisions or actions of licensing officers. I'm afraid not liking decisions does not necessarily mean they are a breach of statutory powers. We've been down this road many times before and council negligence or breach of duty is not always easy to define. The licensing officer is only an official of the council and any legal action is likely be brought against the chief executive of the council. Regards JD

Author:	cabby john [ Mon Sep 10, 2007 11:34 am ]
Post subject:	Re: Prosecution of licensing Officer!
JD wrote: cabby john wrote: Okay! But when an authority i.e makes rules and regulations, and a tragedy happens, could you sue because of negligence, if not! why not. After all, someone has got to take responsibility. I think first you better distinguish who you intend to sue. One minute you refer to the licensing officer and next minute you refer to the council. What would be the intention of suing? Suing to recover a financial loss through a councils negligent act would seem appropriate in some circumstances but what other remedy apart from financial loss do you expect to achieve from suing the council? I suppose you could always bring a charge of breach of statutory duty but then again you are going to have to define what that breach is and if the council did indeed have a duty towards it and what that duty that is? No examples were given in your post as to what you refer? You mention only the fact that taxi drivers in many areas seem to have a problem with the decisions or actions of licensing officers. I'm afraid not liking decisions does not necessarily mean they are a breach of statutory powers. We've been down this road many times before and council negligence or breach of duty is not always easy to define. The licensing officer is only an official of the council and any legal action is likely be brought against the chief executive of the council. Regards JD It was very simple, as the Council is the employer then they are responsible for their employees. The original answer was that one could not sue the L.O. So the answer is! yes - through the Council. I am thinking that many drivers in order to be a Hackney, have to pay 35K for a vehicle just to earn a living. The Council/L.O then turn a blind eye to private hire who have in many cases paid less than 3K for their cars blatantly working off the streets. I am not talking about the odd flimp, I am talking in your face almost ranking up. I am thinking that there must be a case for damages in there somewhere.

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