Sussex wrote:
We are not talking about property, as no property is being lost.
We are talking about an assumed scarcity value, accrued in a grey market.
You are saying if a council de-limits they are liable to cover the costs of the assumed scarcity value. But they issue them for nothing, so what should they do? Start charging for plates?
However what is disproportionate about a council delimiting taxi numbers to ensure more WAVs are licensed? Do you think a court would look favourably at a claim against a council that does that?
Would a council be liable if trade reduces due to the economic climate, as that will lower plate prices?
One thing I know for certain however is that if plate holders in restricted areas spent as much time on customer service than they did on issues relating to keeping the premium, then their trade would be in a far better place.
Of course Taxi licences and the premium on them
are "property"
Quote:
28. Professor Kelly in his treatise on Constitutional law says:-
“Most obviously of all, the constitutional guarantee applies to land and to rights arising from land ownership. It also applied to moveable property and money. Intangible rights are also protected - Article 43:1:2 itself refers to a “general right to transfer , bequeath and inherit property ”, while the guarantee has been invoked in relation to intangible rights created by legislation, such as licences , and by contract ”
29. Thus, it is clear that it is possible to have property rights in a licence which attract constitutional protection. However, the extent of the right has been the subject of judicial consideration.
Gorman v. Minister for the Environment and Local Government [2001] IEHC 47; [2001] 2 IR 414 (23rd March, 2001)
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ie/cases/IEHC/2001/47.html&query=hackney+and+licence+and+transfer+and+premium+and+property&method=boolean
The disproportion is that the Councils did not do surveys to determine how many extra licenses were needed to solve the alleged under supply of taxis. Instead they de-restricted and created a disproportionately excessive supply.
Wheelchair accessible vehicles are a complete red herring. 95% of registered disabled are not wheelchair bound, and they don't want or like wheelchair accessible vehicles.