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PostPosted: Sat Sep 14, 2024 6:02 pm 
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Interesting that the public register of HC proprietors licenses isn't online :shock:

But their licensing policy is; https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.copeland.gov.uk%2Fsites%2Fdefault%2Ffiles%2Fattachments%2Fpolicy_on_new_hack_carr_vehicles.doc&wdOrigin=BROWSELINK

POLICY ON NEW HACKNEY CARRIAGE VEHICLES

That as from 5th November 2010 all hackney carriage vehicles licensed by the Council shall be accessible by a disabled person whilst in a wheelchair and to travel in safety and reasonable comfort whilst in a wheelchair (such vehicles being licensed with an occupancy that requires the wheelchair space to be available at all times)

PROVIDED that this requirement shall not apply to vehicles already licensed as at that date or vehicles subsequently licensed under an existing plate number, the requirement being made under Section 47(2) of the Local Government (Miscellaneous Provisions) Act 1976.

This proviso shall be interpreted as meaning vehicles licensed by a proprietor under a plate which has not since the 5th November 2010 been surrendered to the Council and that once a plate is surrendered that it shall not be re-issued for a vehicle which is not wheelchair accessible unless exceptional circumstances exist.

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PostPosted: Sat Sep 14, 2024 7:51 pm 
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It is interesting that North York's council wants all new hackneys to be WAVs when before that saloons could be licensed.

Yet Carlise now allows saloons to be licensed when previously all new hackneys had to be WAVs.

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PostPosted: Sat Sep 14, 2024 8:24 pm 
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Sussex wrote:
It is interesting that North York's council wants all new hackneys to be WAVs when before that saloons could be licensed.

Yet Carlise now allows saloons to be licensed when previously all new hackneys had to be WAVs.


for now, I'm sure the policy will change within 12 months

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PostPosted: Sun Sep 15, 2024 10:27 am 
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Well I have had a Quick Look through all the minutes and I can not find any adoption of the 76 act.
I’m not going to look for any advertising or freedom of information, that’s for others to do. It maybe they have already done it and I can’t find it. The more I look the more I’m convinced it’s a template of regulations.

Many of the legislative provisions relating to hackney carriage and private hire vehicle licensing are contained within Part Il of the 1976 Act. This part of the Act is adoptive; consequently, if a local authority wishes Part ll of the Act to apply in its area it must pass the appropriate resolution and follow the prescribed procedure set out in Section 45 of the Act.

In summary, for the authority to confirm the adoption of the legislation, the following must be undertaken:-
• the authority must pass a resolution specifically adopting the legislation in its area (there are definitions associated with the relevant area)
• the resolution must specify a date upon which the legislation will come into force and this date must be at least a month after the resolution is passed
• before passing the resolution, the authority must publish in a local newspaper, for two consecutive weeks, its intention to pass such a resolution
• before passing the resolution, the authority must serve a copy of the notice on each parish or community council that would be affected by the resolution before or, at the latest, on the same day that the notice is published in the local newspaper

The provisions of the 1976 Act can only be adopted in those areas where hackney carriage licensing applies under the Town Police Clauses Act 1847. Such licensing was extended to all councils in England and Wales from the 1 January 1987 by virtue of the Transport Act 1985 (separate legislation applies to London).

Summary
Part II of the Local Government (Miscellaneous Provisions) Act 1976 regulates the licensing of private hire and hackney carriage vehicles, drivers and operators. The legislation contains provisions which allow local authorities to control the operation and use of private hire and hackney carriage vehicles and to protect the public by ensuring that vehicles are fit for use as licensed vehicles and drivers are ‘fit and proper’ to act. The local authority must be able to demonstrate that the provisions of Part II of the 1976 Act have been adopted by the Council following the proper procedures.


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PostPosted: Sun Sep 15, 2024 1:52 pm 
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mancityfan wrote:
Well I have had a Quick Look through all the minutes and I can not find any adoption of the 76 act.
I’m not going to look for any advertising or freedom of information, that’s for others to do. It maybe they have already done it and I can’t find it. The more I look the more I’m convinced it’s a template of regulations.


Are you saying the new unitary authority has to adopt the 76 act?

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PostPosted: Sun Sep 15, 2024 4:02 pm 
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captain cab wrote:
Are you saying the new unitary authority has to adopt the 76 act?

Interesting point. I am intrigued.

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PostPosted: Sun Sep 15, 2024 4:28 pm 
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captain cab wrote:
mancityfan wrote:
Well I have had a Quick Look through all the minutes and I can not find any adoption of the 76 act.
I’m not going to look for any advertising or freedom of information, that’s for others to do. It maybe they have already done it and I can’t find it. The more I look the more I’m convinced it’s a template of regulations.


Are you saying the new unitary authority has to adopt the 76 act?

I don't think so.

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PostPosted: Sun Sep 15, 2024 4:32 pm 
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Can't be bothered looking into the detail of all this, but recall that in North Yorkshire consultant David Wilson :roll: kicked up a stink about procedural stuff in relation to the dezoning (or whatever it was), but nothing to suggest anything ever came of it. (It kicked off well over a year ago.)

But to that extent I'd guess all the procedural stuff has been looked at.

There are a couple of relevant threads:

viewtopic.php?f=2&t=39211

viewtopic.php?f=2&t=39678


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PostPosted: Sun Sep 15, 2024 4:36 pm 
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Sussex wrote:
I don't think so.


I don't either if I'm honest, but bearing in mind, Carlisle, Allerdale and Copeland remained distinct licensing areas and its now suggested they combine and have a single Cumberland area, its a good question, even though I asked it myself :D

although at the behest of MCF :wink:

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PostPosted: Sun Sep 15, 2024 4:38 pm 
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Stu - I'm sure North Yorkshire didn't do one of those things required by the equality act, I already pointed this out in a letter to my MP and councillor, and I think my response to the consultation in Cumberland

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PostPosted: Sun Sep 15, 2024 4:41 pm 
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I’m saying I don’t know a lot about unitary councils, but I know Shropshire did adopt the act, but if you’re using a template maybe they missed it. I can’t find it, so if they haven’t, then Adoption of Part Il of the 1976 Act is vital if the Council is to be able to undertake its activities in respect of the licensing of hackney carriage and private hire drivers, vehicles and operators.


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PostPosted: Sun Sep 15, 2024 4:45 pm 
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mancityfan wrote:
I’m saying I don’t know a lot about unitary councils, but I know Shropshire did adopt the act, but if you’re using a template maybe they missed it. I can’t find it, so if they haven’t, then Adoption of Part Il of the 1976 Act is vital if the Council is to be able to undertake its activities in respect of the licensing of hackney carriage and private hire drivers, vehicles and operators.


It seems Sefton liked the 76 act so much, they re-adopted it

https://modgov.sefton.gov.uk/documents/s50609/Report%20to%20Council%20re%20adoption%20of%20LG%20Mp%20Act%20final.pdf

Cheshire East did as well

https://moderngov.cheshireeast.gov.uk/ecminutes/ieDecisionDetails.aspx?Id=801

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PostPosted: Sun Sep 15, 2024 4:46 pm 
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Sefton's reasons

https://modgov.sefton.gov.uk/documents/s49343/Re-adopt%20of%20LGMP1976.pdf

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PostPosted: Sun Sep 15, 2024 4:47 pm 
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Hats off, MCF =D>

I'm gonna have some fun ;)

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PostPosted: Sun Sep 15, 2024 4:52 pm 
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So effing obvious, and the one thing a council has to do when it goes to court, genius MCF, absolute genius =D>

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