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PostPosted: Sun May 28, 2017 5:07 pm 
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mancityfan wrote:
56. ​Subsection (3) changes the law in such a way as to establish a standard duration of five
years for a private hire vehicle operator licence. The section specifies that a licence may be granted for a period of less than five years but only in the circumstances of an individual case, not because of a blanket policy.
57. ​The section forms part of the law of England and Wales. It applies in England and
Wales except in London or Plymouth where different legislation applies.
58. ​The section comes into force on a day to be appointed by the Secretary of State in a
commencement order.

Where does that say that it doesn't apply to companies? It only states an individual case. It doesn't say that it is the license of an individual.[/quote]


Individual means relating to one person or thing, rather than to a large group.
Hope this helps[/quote]
Not in this context it doesn't. It relates to one license as opposed to a group of licenses.

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PostPosted: Sun May 28, 2017 5:48 pm 
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I think the wording could be better.

But if I was the fella on the Clapham Omnibus I would say 'Individual' in that section means a single person, not a single company.

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PostPosted: Sun May 28, 2017 8:16 pm 
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maybe this is why lawyers are so rich. people read the same thing and understand it differently. It will only be resolved through the courts.

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PostPosted: Sun May 28, 2017 8:21 pm 
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now are you saying that an individual driver can demand a license for a lesser period than 3 years? And if that is the case and the cost of a 3 year license is say £300.00, how much should the charge be for the lesser period?
Likewise with an operators license. Are you saying that an individual can demand a license for a lesser period than 5 years and if the cost of the 5 year license is say £500.00, how much should the license for the lesser period cost?

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PostPosted: Mon May 29, 2017 9:43 am 
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grandad wrote:
now are you saying that an individual driver can demand a license for a lesser period than 3 years? And if that is the case and the cost of a 3 year license is say £300.00, how much should the charge be for the lesser period?
Likewise with an operators license. Are you saying that an individual can demand a license for a lesser period than 5 years and if the cost of the 5 year license is say £500.00, how much should the license for the lesser period cost?


Your further question concerning the fees that authorities are levying for the extended licences. Generally, licence fees cannot be used as a revenue raising tool and should only cover the costs of the licensing regime (see R (on the application of Hemming) and others v The Lord Mayor and Citizens of Westminster in the High Court, Court of Appeal and Supreme Court). In relation to taxi licence fees levied under ss53 and 70 of the Local Government (Miscellaneous Provisions) Act 1976, there are further restrictions on what can be recovered via the licence fees.

As a result of this it is quite apparent that a 3-year licence fee cannot simply be triple the 1-year fee, or a 5-year one five-fold the cost of an annual licence. Whilst there can be some increase over the basic annual fee, it must be carefully calculated to fall within the limitations imposed by ss53 and 70.
And the senior licensing officer in Manchester stated that the only difference in issuing a 1 or 5 year licence was changing the number on it from 1 to a 5, and there was no increase in the fee in Manchester for a 5 year ops licence. =D>


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PostPosted: Mon May 29, 2017 6:12 pm 
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mancityfan wrote:
grandad wrote:
now are you saying that an individual driver can demand a license for a lesser period than 3 years? And if that is the case and the cost of a 3 year license is say £300.00, how much should the charge be for the lesser period?
Likewise with an operators license. Are you saying that an individual can demand a license for a lesser period than 5 years and if the cost of the 5 year license is say £500.00, how much should the license for the lesser period cost?


Your further question concerning the fees that authorities are levying for the extended licences. Generally, licence fees cannot be used as a revenue raising tool and should only cover the costs of the licensing regime (see R (on the application of Hemming) and others v The Lord Mayor and Citizens of Westminster in the High Court, Court of Appeal and Supreme Court). In relation to taxi licence fees levied under ss53 and 70 of the Local Government (Miscellaneous Provisions) Act 1976, there are further restrictions on what can be recovered via the licence fees.

As a result of this it is quite apparent that a 3-year licence fee cannot simply be triple the 1-year fee, or a 5-year one five-fold the cost of an annual licence. Whilst there can be some increase over the basic annual fee, it must be carefully calculated to fall within the limitations imposed by ss53 and 70.
And the senior licensing officer in Manchester stated that the only difference in issuing a 1 or 5 year licence was changing the number on it from 1 to a 5, and there was no increase in the fee in Manchester for a 5 year ops licence. =D>

That was not the question that I asked though is it?

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PostPosted: Mon May 29, 2017 6:24 pm 
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grandad wrote:
mancityfan wrote:
grandad wrote:
now are you saying that an individual driver can demand a license for a lesser period than 3 years? And if that is the case and the cost of a 3 year license is say £300.00, how much should the charge be for the lesser period?
Likewise with an operators license. Are you saying that an individual can demand a license for a lesser period than 5 years and if the cost of the 5 year license is say £500.00, how much should the license for the lesser period cost?


Your further question concerning the fees that authorities are levying for the extended licences. Generally, licence fees cannot be used as a revenue raising tool and should only cover the costs of the licensing regime (see R (on the application of Hemming) and others v The Lord Mayor and Citizens of Westminster in the High Court, Court of Appeal and Supreme Court). In relation to taxi licence fees levied under ss53 and 70 of the Local Government (Miscellaneous Provisions) Act 1976, there are further restrictions on what can be recovered via the licence fees.

As a result of this it is quite apparent that a 3-year licence fee cannot simply be triple the 1-year fee, or a 5-year one five-fold the cost of an annual licence. Whilst there can be some increase over the basic annual fee, it must be carefully calculated to fall within the limitations imposed by ss53 and 70.
And the senior licensing officer in Manchester stated that the only difference in issuing a 1 or 5 year licence was changing the number on it from 1 to a 5, and there was no increase in the fee in Manchester for a 5 year ops licence. =D>

That was not the question that I asked though is it?


aw c'mon Pete you're a politician you should be used to that :lol:

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