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edinburgh boy

Post subject:

Posted: Fri Mar 06, 2009 11:55 pm

Joined: Thu Oct 23, 2008 9:04 pm
Posts: 33

Skull wrote:

edinburgh boy wrote:

Skull wrote:

Ross wrote:

Give it up chipper !

This is not about how many taxis are put on, its about him being right and everybody else being wrong !!

Ross, why don't you apply for a plate?

I've spoken to a number of guys that plan to do just that. They don't want to be left behind those on the IPL.

Oh and btw, one of the guys that phoned me tonight is on the IPL, hopping mad he was. :shock:

come on skull you must be having a :lol:

it wont happen you know that.
i am on that list and have been for years ... :lol:

You've just lost 50K, now get over it and move no .... :lol:

im fecked

i got mine for brussell :lol:

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Skull

Post subject:

Posted: Sat Mar 07, 2009 12:15 am

Joined: Thu Feb 10, 2005 4:54 am
Posts: 10460

edinburgh boy wrote:

Skull wrote:

edinburgh boy wrote:

Skull wrote:

Ross wrote:

Give it up chipper !

This is not about how many taxis are put on, its about him being right and everybody else being wrong !!

come on skull you must be having a :lol:

it wont happen you know that.
i am on that list and have been for years ... :lol:

You've just lost 50K, now get over it and move no .... :lol:

im fecked

i got mine for brussell :lol:

well now it's worth brussell :lol:

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gusmac

Post subject:

Posted: Sat Mar 07, 2009 1:59 am

Joined: Tue Apr 24, 2007 6:31 pm
Posts: 12045
Location: Aberdeen

Skull wrote:

Sussex wrote:

chipper wrote:

sussex's come on my point is the market here cant handle anymore taxis on the road

You may well be right, but the point is that now taxi SUD has been independently assessed more taxi plates will be issued. The council will also discuss delimitation.

The only thing that will be up for debate is some plates or loads of plates.

They don't have a formula for some plates only an Interested Parties List (IPL) full of guys who've already been refused.

The fact is, now that a "significant demand" exists, the cap is gone and anyone can apply.

The 1982 act is pretty clear on this, numbers can only be limited if there is no SUD. If the conclusion of this survey is that there is demand (no matter how small a demand) then councils in Scotland cannot refuse any applicant for the purpose of limiting numbers.
It is for the council to prove that no demand exists, not the other way round. I believe this was borne out in a previous court case.
They do have a certain period of time in which to decide each application on it's own merits (can't remember how long - I'll check and post back), so there may be no plates issued immediately. Any new survey can't be applied retrospectively, so any applications received before the next survey have to be decided with this one in mind. Until CEC have another survey which indicates no SUD, it's a free-for-all.
Those on the IPL will probably need to re-apply, since they have already been refused, along with anyone else who wants one (or more than one).

One word of warning - apply now to avoid dissappointment :wink:

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chipper

Post subject:

Posted: Sat Mar 07, 2009 4:43 am

Joined: Fri Aug 05, 2005 8:26 pm
Posts: 850
Location: jock HQ

Sussex wrote:

chipper wrote:

sussex's come on my point is the market here cant handle anymore taxis on the road

one thing is for sure there are a few more twists and turns to come and remember this is only one report and to claim victory is getting a wee bit carried away as they say its not over until the fat lady sings and i think she is set for a oncore :wink:

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gusmac

Post subject:

Posted: Sat Mar 07, 2009 6:40 am

Joined: Tue Apr 24, 2007 6:31 pm
Posts: 12045
Location: Aberdeen

chipper wrote:

one thing is for sure there are a few more twists and turns to come and remember this is only one report

Not just a report, chip.
This is an SUD survey commisioned by your council.
Just like the previous ones used to justify their limit.
Difference is this one says there is demand. CEC can't just ignore it.
They can delay things a little, if they choose to, but that's all.
I have to wonder why they would commision an SUD survey in December

If they wanted to keep the cap on, January or February would have made much more sense. Maybe CEC did get the result they wanted. :shock:

chipper wrote:

and to claim victory is getting a wee bit carried away as they say its not over until the fat lady sings and i think she is set for a oncore :wink:

The fat lady is already singing. Question is: who's listening?

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gusmac

Post subject:

Posted: Sat Mar 07, 2009 7:20 am

Joined: Tue Apr 24, 2007 6:31 pm
Posts: 12045
Location: Aberdeen

I wrote:

(can't remember how long - I'll check and post back)

Under section 3(1) of the CGSA, a council must consider any application within 3 months and make a determination within 6 months. After this period, a licence is deemed to be granted.
Section 3(2) allows for a Sheriff to extend this period if he feels there is good reason to do so.
IMO, not liking the results of their SUD survey wouldn't be seen as a good reason. :wink:

Quote:

3.— Discharge of functions of licensing authorities.
(1) For the purpose of the discharge of their functions under this Part of this Act, every licensing
authority shall consider, within 3 months of its having been made to them under paragraph 1 of
Schedule 1 to this Act, each application so made and, subject to the following provisions of this
section, reach a final decision on it within 6 months.
(2) On summary application by the licensing authority within the 6 month period referred to in
subsection (1) above, the sheriff may, if it appears to him that there is good reason to do so, extend
that period as he thinks fit.
(3) The applicant shall be entitled to be a party to a summary application under subsection (2)
above.
(4) Where the licensing authority have failed to reach a final decision on the application before
the expiry of—
(a) the 6 month period referred to in subsection (1) above, or
(b) such further period as the sheriff may have specified on application under subsection
(2) above,
the licence applied for shall be deemed to have been granted or, as the case may be, renewed
unconditionally on the date of such expiry and shall remain in force for one year, but this subsection
is without prejudice to the powers of revocation under section 7(6)(a) of this Act, of variation under
paragraph 10 of Schedule 1 to this Act and of suspension under paragraphs 11 and 12 of that
Schedule and to the provisions of paragraph 8(5) of that Schedule.
(5) The licensing authority shall make out and deliver the licence to the applicant to whom it has
been deemed to have been granted under subsection (4) above.

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ALI T

Post subject:

Posted: Sat Mar 07, 2009 11:05 am

Joined: Sat Jun 18, 2005 12:54 am
Posts: 2372
Location: edinburgh

chipper wrote:

Sussex wrote:

chipper wrote:

sussex's come on my point is the market here cant handle anymore taxis on the road

ok! what makes you think that?
what are these twists and turns that you are so sure about ?
what is the encore?

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chipper

Post subject:

Posted: Sat Mar 07, 2009 12:41 pm

Joined: Fri Aug 05, 2005 8:26 pm
Posts: 850
Location: jock HQ

ALI T wrote:

chipper wrote:

Sussex wrote:

chipper wrote:

sussex's come on my point is the market here cant handle anymore taxis on the road

ok! what makes you think that?
what are these twists and turns that you are so sure about ?
what is the encore?

well its quite simple we have been told by some its "game over" for sometime now so what would make me think other wise. at best a few plate will be issued far from the free for all and as the city expands this would have happened anyway nothing do with any action being taken by anyone else

there are always twists and turns where Jim and skull are involved thats what makes me so sure and i have also ...... woooops better be carefull

i would like to see a copy of this report does anyone have a link

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ALI T

Post subject:

Posted: Sat Mar 07, 2009 12:53 pm

Joined: Sat Jun 18, 2005 12:54 am
Posts: 2372
Location: edinburgh

thanks
so what youre saying is these twist and turns etc are nothing more than the ramblings of a desperate mind,listening to too many rumours gathering no facts and letting youre fear rule youre mind.
you sir are the mob. :lol:

this is bourne out by you asking others to supply you with the report,go find it yourself,read it! read the law! then try applying some reasoning to it .
you may surprise yourself and have an independant thought

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ALI T

Post subject:

Posted: Sat Mar 07, 2009 12:55 pm

Joined: Sat Jun 18, 2005 12:54 am
Posts: 2372
Location: edinburgh

btw are you happy with youre scenario that a" few plates will be issued."
i dont mind if you dont :lol:

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chipper

Post subject:

Posted: Sat Mar 07, 2009 2:31 pm

Joined: Fri Aug 05, 2005 8:26 pm
Posts: 850
Location: jock HQ

ALI T wrote:

No what iam saying is that with anything to do with the taxi trade there is always twits and turns nothing ever runs or turns out the way you expect it to. like i said when jim and skull are ivolved there is allways a few twists and turns i think they would agree and i aint being nasty but in the fight with the council over plates things have never gone smooth or have gone a totaly diff way than they have expected.

ALI T wrote:

nothing is bourne out by me asking if anyone had a link for the report but i will find it thats all i was asking.
it would have been helpfull
thats the thing i like about TDO is people here are quite helpfull when you as for help

here we go again !!!
as i have stated i form my own view's and independent thought's all by myself i follow no mind set or group all my views are just that ALI

Cheers

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ALI T

Post subject:

Posted: Sat Mar 07, 2009 2:50 pm

Joined: Sat Jun 18, 2005 12:54 am
Posts: 2372
Location: edinburgh

i just said that.

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Sussex

Post subject:

Posted: Sat Mar 07, 2009 5:16 pm

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57356
Location: 1066 Country

chipper wrote:

Not sure about the one report comment.

We all know the council can only refuse a license application if there is no taxi SUD. The only evidence a court would take as proving no taxi SUD is a type of survey produced by Halcrow, rightly or wrongly.

Thus without any evidence to reject an application, the council has no choice but to grant.

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gusmac

Post subject:

Posted: Sat Mar 07, 2009 5:46 pm

Joined: Tue Apr 24, 2007 6:31 pm
Posts: 12045
Location: Aberdeen

I haven't seen this report either chipper but, unless the reports are completely wrong about it's contents, demand has been established.
There is no legal mechanism to limit any plate issue to a certain number of plates, or to prioritise any application ahead of any others. They must deal with all current applications equally and fairly.

As the law stands right now, the best CEC could do is delay things for up to 6 months and watch a sheriff hand out deemed grants to all applicants - meanwhile commisioning another survey in the hopes that it comes up with a different result.
Any applications received before a new survey is completed will have to be decided on the basis of demand information at the time it was received, not demand information from later on.
Any new survey could be used to put the cap back on but existing applications would still have to be granted.

The above is my understanding of the CGSA.
Check it out for yourself and make up your own mind.
http://taxi-driver.co.uk/files/1982act.pdf
Pay particular attention to 3(1) - 3(4) and 10(3)

This last bit is my own speculation:

Ask yourself this: Why commision a survey in December unless you want to find demand? Maybe CEC have changed tack and want to lift the limit?

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chipper

Post subject:

Posted: Sat Mar 07, 2009 5:53 pm

Joined: Fri Aug 05, 2005 8:26 pm
Posts: 850
Location: jock HQ

Sussex wrote:

Not sure about the one report comment.

just about to set off and destroy the SUD so make this reply quick :lol:

i understand what your saying sussex but ever take anything for granted with CEC it has been stated that they do what they want when they want would you not agree i bet they will put it off look for furter info to back up this report.i could be wrong but count on nothing come the 1st April they could look on it as a big april fools day joke

they have been accused of cooking the books before what makes anyone think they wont do it again or give it a good try so they can reject this report.

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