Taxi Driver Online

UK cab trade debate and advice
It is currently Sat Oct 26, 2024 12:29 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 66 posts ]  Go to page Previous  1, 2, 3, 4, 5  Next
Author Message
PostPosted: Sun Sep 15, 2024 5:12 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
https://edemocracy.northyorks.gov.uk/mgAi.aspx?ID=11254

North Yorkshire adopted the act

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:27 pm 
Offline

Joined: Wed May 16, 2012 6:33 am
Posts: 14578
captain cab wrote:
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

Thanks, CC - keep meaning to have a proper read of this thread, and thought you were talking about one area, when actually talking about another :-o

Looks like a potential procedural minefield, though, and certainly not the kind of stuff the average licensing councillor will be familiar with, never mind the vast majority of those in the trade :wink:


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:37 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
StuartW wrote:
Thanks, CC - keep meaning to have a proper read of this thread, and thought you were talking about one area, when actually talking about another :-o

Looks like a potential procedural minefield, though, and certainly not the kind of stuff the average licensing councillor will be familiar with, never mind the vast majority of those in the trade :wink:


You'll get used to me :wink:

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:41 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
https://taxi-driver.co.uk/phpBB2/viewtopic.php?f=13&t=21548&hilit=adoption

https://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13547%3Athe-case-of-the-taxi-prosecutions-and-the-missing-records&catid=61%3Alicensing-articles&Itemid=29

thank you TDO :D

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:41 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 55024
Location: 1066 Country
I'm still not sure it has to be adopted for a new Unitary Council in the same way it had to be adopted post-1976.

Post-1976 all the local parish councils needed to agree with the adoption.

I think there was a court case in the last 10 years where it couldn't be proved that some small parish council had passed the act, therefore the issue that the council was pursuing couldn't be advanced.

Or something like that.

My point is that the new Unitary councils are not consulting all the parish councils on the 1976 act, as far as I can see.

It defo didn't happen when B&H joined up.

Also, a lot of the bylaws have to be updated, and they have to be approved by central government. So if anything was amiss one would hope they would point it out.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:42 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 55024
Location: 1066 Country
captain cab wrote:

That was the case.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:46 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
Sussex wrote:
captain cab wrote:

That was the case.


Its quite useful TDO, now we aint all fighting each other :lol:

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 5:47 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
Quote:
I'm still not sure it has to be adopted for a new Unitary Council in the same way it had to be adopted post-1976.


perhaps, but North Yorkshire adopted is, so I suspect so?

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Sun Sep 15, 2024 6:03 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
The Aylesbury appeal which was successful

https://cornerstonebarristers.com/wp-content/uploads/old/avdc-transcript.pdf

and here's the tdo thread on it

https://www.taxi-driver.co.uk/phpBB2/vi ... &view=next

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Tue Sep 17, 2024 11:29 am 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1567
captain cab wrote:


"Substantial compliance" is satisfactory. This means demonstrating that at least some parish councils received the notice, but the other requirements must be demonstrated.


Top
 Profile  
 
PostPosted: Tue Sep 17, 2024 4:58 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
never mind, there's a meeting tonight 35 miles away that I cant attend because I'm not a member of the Cumberland Association which affiliated themselves to the NPHA, so for obvious reasons I couldn't conflict myself.

in the words of Davis Cameron - I was the future once :lol:

Still, I'm sure they'll do a really decent job :roll: :roll:

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Tue Sep 17, 2024 5:19 pm 
Online

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 19895
Sussex wrote:
I'm still not sure it has to be adopted for a new Unitary Council in the same way it had to be adopted post-1976.

Post-1976 all the local parish councils needed to agree with the adoption.

I think there was a court case in the last 10 years where it couldn't be proved that some small parish council had passed the act, therefore the issue that the council was pursuing couldn't be advanced.

Or something like that.

My point is that the new Unitary councils are not consulting all the parish councils on the 1976 act, as far as I can see.

It defo didn't happen when B&H joined up.

Also, a lot of the bylaws have to be updated, and they have to be approved by central government. So if anything was amiss one would hope they would point it out.
As far as i can tell our Council never adopted the 1976 act correctly. The Council passed the resolution in August 1981 but I have checked the local newspapers from that time, I went from 6 months before until 6 months after and there are no public notices to inform the public of the decision. I never got round to asking any of the parish councils if they were written to. I did ask the Council which newspaper they placed the public notice but they just said that they were sure that it was done but all the paperwork from that time was destroyed when our Council building burned down.
I started to look into it a few years ago when Bryan with a Y was active on the issue. Do you think it is worth looking into this again?


Top
 Profile  
 
PostPosted: Tue Sep 17, 2024 5:23 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1567
captain cab wrote:
never mind, there's a meeting tonight 35 miles away that I cant attend because I'm not a member of the Cumberland Association which affiliated themselves to the NPHA, so for obvious reasons I couldn't conflict myself.

in the words of Davis Cameron - I was the future once :lol:

Still, I'm sure they'll do a really decent job :roll: :roll:


I’m not going either :D
A bit of history in case the NPHA reads TDO, sadly the NPHA not the same without Bryan. In my opinion.
The provisions of Part Il relating to hackney carriages and private hire vehicles came into effect on the passing of the Act in 1976; but of course that was only part of the story. Those provisions are adoptive, meaning that the powers were available for local authorities to adopt, the mechanism that needed to be followed was detailed in s 45, but did not take effect in the district until the adoption process was completed. Some councils moved quickly and adopted the provisions during 1977, but it was by no means seen universally as necessary to regulate private hire activity. Indeed some authorities did not adopt the provisions until the early 1990s. While this may seem surprising, it must be recognised that until the passing of s15 of the Transport Act 1985, which took effect on 1 January 1987, hackney carriage licensing was not universal across England and Wales. There were significant areas, both whole districts and parts of districts, where there was no regulation of hackney carriages, and in those areas the 1976 Act could not be adopted.
The Department for Transport now maintains that all local authorities in England and Wales have adopted the provisions, but maybe not Cumberland,? with the exception of Plymouth City Council (which uses its own local act, the Plymouth City Council Act 1975, on which the 1976 Act provisions were based). However, it is still incumbent on a local authority to be able to demonstrate adoption.
This is done by means of a certified copy of the resolution adopting the provisions (and not just the resolution stating the process), copies of the notices which were published in two consecutive weeks in a local newspaper prior to the resolution, and evidence that a copy of that notice was sent to every parish or community council that existed at the time. "Substantial compliance" is satisfactory. This means demonstrating that at least some parish councils received the notice, but the other requirements must be demonstrated.


Top
 Profile  
 
PostPosted: Tue Sep 17, 2024 5:25 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
Quote:
but all the paperwork from that time was destroyed when our Council building burned down.


f*cking hell Grandad, that was a bit extreme :lol:

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
PostPosted: Tue Sep 17, 2024 5:30 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37322
Location: Wayneistan
mancityfan wrote:
captain cab wrote:
never mind, there's a meeting tonight 35 miles away that I cant attend because I'm not a member of the Cumberland Association which affiliated themselves to the NPHA, so for obvious reasons I couldn't conflict myself.

in the words of Davis Cameron - I was the future once :lol:

Still, I'm sure they'll do a really decent job :roll: :roll:


I’m not going either :D
A bit of history in case the NPHA reads TDO, sadly the NPHA not the same without Bryan. In my opinion.
The provisions of Part Il relating to hackney carriages and private hire vehicles came into effect on the passing of the Act in 1976; but of course that was only part of the story. Those provisions are adoptive, meaning that the powers were available for local authorities to adopt, the mechanism that needed to be followed was detailed in s 45, but did not take effect in the district until the adoption process was completed. Some councils moved quickly and adopted the provisions during 1977, but it was by no means seen universally as necessary to regulate private hire activity. Indeed some authorities did not adopt the provisions until the early 1990s. While this may seem surprising, it must be recognised that until the passing of s15 of the Transport Act 1985, which took effect on 1 January 1987, hackney carriage licensing was not universal across England and Wales. There were significant areas, both whole districts and parts of districts, where there was no regulation of hackney carriages, and in those areas the 1976 Act could not be adopted.
The Department for Transport now maintains that all local authorities in England and Wales have adopted the provisions, but maybe not Cumberland,? with the exception of Plymouth City Council (which uses its own local act, the Plymouth City Council Act 1975, on which the 1976 Act provisions were based). However, it is still incumbent on a local authority to be able to demonstrate adoption.
This is done by means of a certified copy of the resolution adopting the provisions (and not just the resolution stating the process), copies of the notices which were published in two consecutive weeks in a local newspaper prior to the resolution, and evidence that a copy of that notice was sent to every parish or community council that existed at the time. "Substantial compliance" is satisfactory. This means demonstrating that at least some parish councils received the notice, but the other requirements must be demonstrated.



He's a big miss, I miss our chats.

If we follow the example of N. Yorks they adopted the act after they approved the new regulations, which seems to be the course in Cumberland - the alarming part is that the new regs in N.Yorks haven't stood 18 months.

I think the local associations have missed the boat, this all needed highlighting many, many months ago - when the decision was taken - all the licensing depts are doing is following orders.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 66 posts ]  Go to page Previous  1, 2, 3, 4, 5  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 150 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group