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PostPosted: Fri Jul 02, 2010 2:02 pm 
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bloodnock wrote:
Sussex wrote:
mancityfan wrote:
The Proprietor of a licensed Hackney Carriage shall ensure that all journeys
undertaken either:
� Start within the District
� Finish within the District
� Part of the journey passes through the District

Yet more making it up as they go along. ](*,)



The only point is that the booking should be taken within your licenced area...Besides...if you take an out of area booking pickup to another out of area drop off and never went through your own area....then your LA have no right to take action as it would be bugger all to do with them...the run never touched on their area of jurisdiction :?:
I think by the Term ''Booking Taken within your licenced area'' means telephone booking so if your office is in the LA's area it would be obvious that's what is meant. i.e. if you are in your office and the fone rings, you have therefore taken it within your licensed area.
Even on divert, the fone call comes into the office first, so legal.


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PostPosted: Fri Jul 02, 2010 6:46 pm 
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You still havn`t explained why a Hackney has to


� Start within the District
� Finish within the District
� Part of the journey passes through the District


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PostPosted: Fri Jul 02, 2010 6:52 pm 
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I thought that where the phone was answered and not where it was diverted from was where you would need your operators licence?
As in the East Staffs vs Rendell case.


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PostPosted: Fri Jul 02, 2010 6:57 pm 
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Quote:
The full sentance reads, "Where the operation is a joint operation with another authority the two operations must be operated independently".

I took that to mean that if you have an office in two different areas then they must be operated independantly from each other. That is you can't pass work from one to the other. How did you interpret this?


I think they are being run from the same office?


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PostPosted: Fri Jul 02, 2010 7:03 pm 
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this should clear things up a copy of an email from ashfield clear as mud?

I have noted your comments however provided that a private hire vehicle
operator has all three licences i.e. operators licence, vehicle licence
and drivers licence issued by the same authority his base need not be in
that authorities area.

We have the powers to inspect any and all records relating to the
operation, vehicles and drivers who are licensed by Ashfield
irrespective of whether the operating base is within Ashfield, I agree
we have no powers to inspect any records for other Licensed operations
by other authorities.

We are not talking cross boarder bookings if the operators base is
outside our area that is a separate issue altogether. Provided that
facilities are made available for bookings to be made within Ashfield
and only Ashfield vehicles and drivers are used on those bookings and
records of the bookings are kept it is lawful.

This is the view of all local authorities within Nottinghamshire and
this decision was made at a joint meeting of the Nottinghamshire
Authorities Taxi Licensing Group taking in to account of case stated and
high court judgements.

I agree that cross boarder bookings are illegal if other operators are
used this is not the case when the vehicles drivers etc used by the
operator are his vehicles not belonging to another firm and are all
licensed by authority in which the booking is made.

I hope that this is of some help to you.

Kevin Neale
Licensing Policy Officer


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PostPosted: Fri Jul 02, 2010 7:51 pm 
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grandad wrote:
I took that to mean that if you have an office in two different areas then they must be operated independantly from each other. That is you can't pass work from one to the other. How did you interpret this?

Sounds about right to me.

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PostPosted: Fri Jul 02, 2010 7:56 pm 
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mancityfan wrote:
I have noted your comments however provided that a private hire vehicle
operator has all three licences i.e. operators licence, vehicle licence
and drivers licence issued by the same authority his base need not be in
that authorities area.

I too have noticed your comments and you are trying to deflect blame.

We all agree that the three licenses need to match, but under what legal powers is a licensing district permitted to license an operator outside of their licensing district?

I say they have none, therefore that are acting on powers they don't have. [-X

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PostPosted: Fri Jul 02, 2010 7:57 pm 
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Clearly another piece of archaic law produced to isolate a licensing authorities rule, power and income...."ringfencing" a LAs powers almost

Time it all went on the bonfire


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PostPosted: Fri Jul 02, 2010 10:08 pm 
mancityfan wrote:
this should clear things up a copy of an email from ashfield clear as mud?

I have noted your comments however provided that a private hire vehicle
operator has all three licences i.e. operators licence, vehicle licence
and drivers licence issued by the same authority his base need not be in
that authorities area.

We have the powers to inspect any and all records relating to the
operation, vehicles and drivers who are licensed by Ashfield
irrespective of whether the operating base is within Ashfield, I agree
we have no powers to inspect any records for other Licensed operations
by other authorities.

We are not talking cross boarder bookings if the operators base is
outside our area that is a separate issue altogether. Provided that
facilities are made available for bookings to be made within Ashfield
and only Ashfield vehicles and drivers are used on those bookings and
records of the bookings are kept it is lawful.

This is the view of all local authorities within Nottinghamshire and
this decision was made at a joint meeting of the Nottinghamshire
Authorities Taxi Licensing Group taking in to account of case stated and
high court judgements.

I agree that cross boarder bookings are illegal if other operators are
used this is not the case when the vehicles drivers etc used by the
operator are his vehicles not belonging to another firm and are all
licensed by authority in which the booking is made.

I hope that this is of some help to you.

Kevin Neale
Licensing Policy Officer


Mmmm we know who he's on about when he mentions a private hire operator with all 3 licenses. A Private Hire operator who flouts the law.


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PostPosted: Fri Jul 02, 2010 11:33 pm 
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Quote:
We have the powers to inspect any and all records relating to the
operation, vehicles and drivers who are licensed by Ashfield
irrespective of whether the operating base is within Ashfield, I agree
we have no powers to inspect any records for other Licensed operations
by other authorities.


Staff of Ashfield licensing department are not authorised officers of the surrounding districts, as required by the legislation, and effectively they have no measure of control over any operation, the recording of any records, the access to those records.
They only have powers in Ashfield.


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PostPosted: Sat Jul 03, 2010 8:11 am 
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I know that this is about Private hire operators and licenses but what about hackney drivers and hackney vehicles? They don't have to live or be based within the council area that licensed them do they?

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PostPosted: Sat Jul 03, 2010 9:06 am 
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grandad wrote:
I know that this is about Private hire operators and licenses but what about hackney drivers and hackney vehicles? They don't have to live or be based within the council area that licensed them do they?


Just like in job it should'nt matter a hoot where you live...all that should matter is that you Licence your business in the in the LA that you want be registered to Operate from and mostly in and where the Initial point of booking must originate from..


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PostPosted: Sat Jul 03, 2010 7:03 pm 
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grandad wrote:
They don't have to live or be based within the council area that licensed them do they?

No they don't, but they can checked at any time, within the district.

You can't move a house for a check.

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PostPosted: Sun Jul 04, 2010 11:06 am 
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Sussex wrote:
grandad wrote:
They don't have to live or be based within the council area that licensed them do they?

No they don't, but they can checked at any time, within the district.

You can't move a house for a check.


The same would apply to an operating base that is 5 miles outside the controlled district as well then.

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Grandad,


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PostPosted: Sun Jul 04, 2010 1:30 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
If LA's, LO's, cops, operators and drivers are confused, how the hell can joe public make any sense of it all?


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