Taxi Driver Online

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IDFIMH

I had already New Oxford Dictionary of Englished it.

misfeasance ►noun Law a transgression, especially the wrongful exercise of lawful authority.
ORIGIN early 17th cent.: from Old French mesfaisance , from mesfaire, from mes- 'wrongly' + faire 'do' (from Latin facere). Compare with MALFEASANCE.

malfeasance ►noun [mass noun] Law wrongdoing, especially (US) by a public official.
- DERIVATIVES malfeasant noun & adjective
- ORIGIN late 17th cent.: from Anglo-Norman French malfaisance, from mal- 'evil' + Old French faisance 'activity'. Compare with MISFEASANCE

So although it's a Yankee word, I prefer MALFEASANCE, because Licensing Officers are evil little b*stards, full of evil activity.

To summarise then;

Those misfeasant licensing officers are malfeasants!!!

_________________
Kind regards,

Brummie Cabbie.

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It sounds like you think your licensing department have an ulterior motive, surprisingly enough there's a court case about that, will dig it out.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Your assumption is correct & please, please dig that case up!!

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
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http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011213/magill-2.htm

will find the specific case tonight

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

It is almost impossible to gain a conviction for Misfeasance.

Not only have you to prove a wrong doing, you have to prove it was a deliberate premeditated action.

And that bugger is very hard to prove.

_________________
IDFIMH

The Court of Appeal in Pyx Granite Co Ltd v Ministry of Housing and Local Government ([1958] 1 All ER 625 at 633, [1958] 1 QB 554 at 572), where Lord Denning said this:

"The principles to be applied are not, I think, in doubt. Although the planning authorities are given very wide powers to impose ‘such conditions as they think fit', nevertheless the law says that those conditions, to be valid, must fairly and reasonably relate to the permitted development. The planning authority are not at liberty to use their powers for an ulterior object, however, desirable that object may seems to them to be in the public interest".

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

That the application by Five Star Cars to establish a private hire operator’s sub-office within the foyer area of the O2 Academy, Bristol Street, Birmingham be refused as the Committee had concerns about the practical implications arising from the introduction of the sub-office, including the enforcement of parking and taxi rank provision.

If you got to find something out, find out yourself

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Mind you, Birmingham appear to know jack sh*t about regulations;

(i) That all licensed hackney carriage drivers be required to undergo formal training under the Disability Discrimination Act as part of the renewal process of their hackney carriage driver’s licence;

(ii) that the following forms of training be accepted in this regard -

a) Attendance at a Disability Awareness Training seminar held by Birmingham Disability Resource Centre, or

b) Knowledge gained as part of the NVQ Level 2 Qualification in Road Passenger Transport.

(iii) that the conditions of licence for hackney carriage drivers be amended accordingly

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

_________________
IDFIMH

I keep telling them this but they still think that Bye-laws apply to Hackney Carriage Drivers & conditions apply to Hackney Carriage Vehicles!!!

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Where did you get this information from - SOURCE PLEASE?

I only got back from a short break yesterday & there were developments on this before I went away.

This item was Item No 15 on the Agenda at the licensing meeting & was discussed in the afternoon. The committee is made up of fifteen councillors, but by this time there were only seven left.

The debate was a little confused with the voting 2 for, 3 against & 2 abstentions.

What you posted above is not the correct story as I remember it & as the committee clerk (minutes) confirmed to me the next day.

The application was not allowed for a sub-office, but it was stated at the meeting, by a councillor or officer (can't remember which) that a new application in a name other than Five Star Cars (to avoid the sub-office issue) should not return to the Licensing Committee for approval, but should be granted in the normal manner for a PH Operator License.

I will be making some phone calls immediately to see what has transpired in my absence.

I have a feeling this is only the beginning of this matter.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Your council website;

http://www.birmingham.gov.uk/democracy/Pages/MeetingDetail.aspx?MeetSchedID%3d14348

If you click the bit marked i it states;

That the application by Five Star Cars to establish a private hire operator’s sub-office within the foyer area of the O2 Academy, Bristol Street, Birmingham be refused as the Committee had concerns about the practical implications arising from the introduction of the sub-office, including the enforcement of parking and taxi rank provision.

CC

Thats all well and good, but the council have already stated they have issues with enforcement of parking and taxi rank provision. That aside, to fulfil the PH operators license conditions, operator will have to produce planning consent, I'm sure you'll keep an eye on the local press or remind the council of this obligation prior to the application going back?

CC