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 Post subject: Dundee run by numpty,s
PostPosted: Wed Jun 16, 2010 9:12 pm 
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Below is the reply we got when we asked for licences to be deferred until a report is presented to the council in September on capping the town and having a survey done.
As you will see by the reply Dundee is run by the paid employees and not the elected councilors.Why do we bother voting if this is the case :x

Re your request please note that in terms of Section 3 of the Civic Government ( Scotland ) Act 1982, applications must be considered within 3 months and a final decision made within 6 months. Accordingly, if we hold any applications for Taxi Licences back, the maximum time we could do this for would be 6 months. Even if the Committee decide in September 2010 to instruct a survey, the process involved in putting a limit on numbers into practice would take several months thereafter. Although there is provision in the 1982 Act for the licensing authority to apply to the Sheriff for an extension of the 6 month period "if there is good reason to do so", this would mean that someone applying now would face their application being held back for in excess of 12 months and it is not likely that the courts would support such a practice. If this turned out to be the case then any such applicants would be entitled to a deemed grant of a licence with no conditions attached, including the accessible vehicle condition. Further, to hold back an application where there are no outstanding issues in order to await the outcome of a process whereby the policy may or may not be changed (and, even if it is, not for several months) could be regarded as maladministration and leave the Council open to claims for compensation by disgruntled applicants who may have incurred financial costs in purchasing a vehicle and being prevented from operating it and earning income therefrom.



You will see from the above that we cannot put your request before the Committee.



Regards Numpty


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 Post subject:
PostPosted: Wed Jun 16, 2010 9:52 pm 
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And ... is the DTA in agreememt or what ???


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 Post subject:
PostPosted: Wed Jun 16, 2010 10:30 pm 
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The question that needs to be asked urgently is;

Is this a friendly section question, or one for the not so friendly section? 8-[

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 Post subject:
PostPosted: Wed Jun 16, 2010 10:55 pm 
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Sussex wrote:
The question that needs to be asked urgently is;

Is this a friendly section question, or one for the not so friendly section? 8-[



Well i am friendly so i think it should stay as long as the terrible two from Edinburgh do not high jack it :lol:


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 Post subject:
PostPosted: Wed Jun 16, 2010 11:11 pm 
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stationtone wrote:
Sussex wrote:
The question that needs to be asked urgently is;

Is this a friendly section question, or one for the not so friendly section? 8-[



Well i am friendly so i think it should stay as long as the terrible two from Edinburgh do not high jack it :lol:


Give us a shout, if you want to win. I love to fight :D I don't really need an excuse but it helps :lol: :lol: :lol: :lol:

To be totally honest, work with me here. ... :lol: :lol: :lol: :lol: :lol: :lol:

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 Post subject:
PostPosted: Wed Jun 16, 2010 11:16 pm 
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Thank you for the friendly advice on the be nice Scottish section :lol: feel free to pop in to Dundee at any time for a slice of cake and a chat :lol:


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 Post subject:
PostPosted: Wed Jun 16, 2010 11:23 pm 
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stationtone wrote:
Thank you for the friendly advice on the be nice Scottish section :lol: feel free to pop in to Dundee at any time for a slice of cake and a chat :lol:


Your wish, is my command :wink:

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 Post subject:
PostPosted: Thu Jun 17, 2010 2:05 am 
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please remember you will not be allowed to eat your cake in tx op,s car.
He is having to have his windows replaced because he has polished them that much :lol: :lol:


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PostPosted: Thu Jun 17, 2010 4:00 am 
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stationtone wrote:
Below is the reply we got when we asked for licences to be deferred until a report is presented to the council in September on capping the town and having a survey done.
As you will see by the reply Dundee is run by the paid employees and not the elected councilors.Why do we bother voting if this is the case :x

Re your request please note that in terms of Section 3 of the Civic Government ( Scotland ) Act 1982, applications must be considered within 3 months and a final decision made within 6 months. Accordingly, if we hold any applications for Taxi Licences back, the maximum time we could do this for would be 6 months. Even if the Committee decide in September 2010 to instruct a survey, the process involved in putting a limit on numbers into practice would take several months thereafter. Although there is provision in the 1982 Act for the licensing authority to apply to the Sheriff for an extension of the 6 month period "if there is good reason to do so", this would mean that someone applying now would face their application being held back for in excess of 12 months and it is not likely that the courts would support such a practice. If this turned out to be the case then any such applicants would be entitled to a deemed grant of a licence with no conditions attached, including the accessible vehicle condition. Further, to hold back an application where there are no outstanding issues in order to await the outcome of a process whereby the policy may or may not be changed (and, even if it is, not for several months) could be regarded as maladministration and leave the Council open to claims for compensation by disgruntled applicants who may have incurred financial costs in purchasing a vehicle and being prevented from operating it and earning income therefrom.



You will see from the above that we cannot put your request before the Committee.



Regards Numpty


No point in getting upset about it.
What Mr Numpty is saying is correct.
What you have asked for would be illegal.

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 Post subject:
PostPosted: Thu Jun 17, 2010 9:48 am 
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I think what they have said is that they could do it but they will not do it.
http://www.guardian.co.uk/cardiff/2010/ ... ssociation Also http://www.walesonline.co.uk/cardiffonl ... -25948851/


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 Post subject:
PostPosted: Thu Jun 17, 2010 10:01 am 
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Cardiff stopped issuing licences until a survey was done http://www.guardian.co.uk/cardiff/2010/ ... limitation


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 Post subject:
PostPosted: Thu Jun 17, 2010 4:29 pm 
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(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be
refused by a licensing authority for the purpose of limiting the number of taxis in respect of which
licence are granted by them if, but only if, they are satisfied that there is no significant demand for
the services of taxis in their area which is unmet.

Object and appeal Tone ! Tis the only way !!!! The 2002 survey does not hold any legal standing.


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 Post subject:
PostPosted: Thu Jun 17, 2010 5:24 pm 
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Cardiff is not covered by the CGSA 1982.
Without a survey, how exactly is Dundee council supposed to be satisfied there is no significant unmet demand?

Quote:
(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be
refused by a licensing authority for the purpose of limiting the number of taxis in respect of which
licence are granted by them if, but only if, they are satisfied that there is no significant demand for
the services of taxis in their area which is unmet.

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 Post subject:
PostPosted: Thu Jun 17, 2010 5:32 pm 
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tx-op wrote:
Object and appeal Tone ! Tis the only way !!!! The 2002 survey does not hold any legal standing.


As you rightly state, the 2002 survey is useless.

Object to what?
The fact that DCC have no up to date evidence with which to impose a limit? or that you want one and the council don't?
Any appeal to the courts would be a complete waste of money.
Still it's your money to waste - or is it Tony's? :wink:

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 Post subject:
PostPosted: Thu Jun 17, 2010 5:37 pm 
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gusmac.. is perfectly correct... in England councils do not have to make a decision in six months... which makes the difference.

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