It is common knowledge that I wrote an article exposing the illegal condition attached to 60% of Taxi drivers in Carlisle. It is also common knowledge that some people who didn't like the truth being known tried to make me out to be some sought of ogre on the Taxi Trade. The fact of the matter is that my story was factual and the illegal condition in question is likely to be removed next week. The report by the LO vindicates my stance and it also proves that claims from Tony Mite that the Carlisle LO phoned up Taxi Today and complained about a legal journalist of theirs was a complete and utter fabrication. I needn't say any more about Mr Mite because I think you all get the picture but lets not forget it wasn't only Mr Mite that implied I had phoned up various organisations suggesting I was a legal journalist the liars can all be found close at hand.
I hope you guys with independent minds have the principles to realise this.
In respect of Carlisle we on TDO got it right and we are about to see the removal of an unlawfull condition that has been in place for 16 years. The National Taxi association which is based in Carlisle new about this illegal condition and did nothing about it what so ever, their reason is something every Taxi driver and owner in the country will have to ask themselves.
As for me and TDO we feel exonerated in taking the stand we did and nothing will ever stop us reporting the facts and the truth as we find them, no matter who it concerns. And I might add that is why we are the best and informative Taxi website anywhere in the world.
http://cmis.carlisle.gov.uk/CMISWebPubl ... ument=8980
http://cmis.carlisle.gov.uk/CMISWebPubl ... ument=8981
Summary:-
Since 1994 the Hackney Carriages which use the Station Rank have been limited to vehicles which are capable of conveying wheelchair passengers. These are typically London type taxis. Non-wheelchair carrying taxis can use all the other ranks and can be flagged down in the street but they can not use the Station Rank. A Court of Appeal decision has come to the attention of the Council’s Legal Services section that could make this distinction unlawful.
Options
1 To note the Court decision but to retain the current policy.
2 To allow non-wheelchair accessible taxis to use the Station Rank, and to ply for hire within 50m of it, with immediate effect.
3 To allow non-wheelchair accessible taxis to use the Station Rank, and to ply for hire within 50m of it, but to delay implementation until the end of their current Hackney Carriage licence, i.e. 1st of August 2007.
J A Messenger
Licensing Manager
Legal & Democratic Services
To the Chairman and Members of the Regulatory Panel 4th April 2007
HISTORY
In 1994 the situation regarding Hackney Carriages in the City was very different to how it is today. There were only 33 licensed taxis and they worked almost exclusively from the Station Rank. There were other ranks but these were very rarely used.
At the same time we had 220 licensed private hire vehicles. These vehicles frequently “plied for hire” illegally outside of the pubs and nightclubs and this raised the question as to whether these illegal activities invalidated their insurance.
During 1994, because of the significant unmet demand, a working party of Councillors, Officers and representatives of the trade looked at ways of improving the provision of taxis to curtail these illegal activities. Their recommendation to the Licensing Panel was for the Council to de-regulate its numbers policy and to licence saloon type vehicles as Hackney Carriages.
The owners of the 33 licensed Hackney Carriages intimated that if this policy change was implemented there was a strong possibility that some owners would sell their WAV’s and purchase cheaper saloon Hackney Carriages. Following their representations, and those of local disabled groups, the Environment Committee referred the decision back to the Licensing Panel to look at the proposals again. The Members decided that, to encourage the owners to retain their WAV’s, a condition would be attached to all the new saloon taxis which prevented them from standing at the Station Rank. This resolution was agreed on the 15th of November 1994.
( Appendix 1 ).
LEGAL POSITION
In 2002, the unreported case of Maud –v- Castle Point Borough Council held that a licence should be a licence to ply throughout the entire district or zone and not limited to certain areas. This is a Court of Appeal decision and is binding upon all Licensing Authorities. The effect of this case is that the Station rank condition may no longer be justifiable.
It is recommended that Members resolve to remove the condition from those Hackney Carriage licences that carry it.
It is recommended that this action is taken forthwith. Members may decide not to implement any action until renewal of all Hackney Carriage licences. This is not recommended as it may expose the Council to challenge.
CONSULTATION
Carlisle Taxi Association is fully aware of the case of Maud v Castle Point BC and has written in with no objections (Appendix 3). They will be attending the Panel meeting and have requested permission address Members. In addition, we have received requests from two licensed Hackney Carriage drivers who also wish to attend and speak:
Mr S Matthews
Mr R Thompson
OPTIONS
1. Members note the Court decision but to retain the current policy.
2. Members resolve to remove the condition and allow non-wheelchair accessible taxis to use the Station Rank, and to ply for hire within 50m of it, with immediate effect.
3. Members resolve to remove the condition and allow non-wheelchair accessible taxis to use the Station Rank, and to ply for hire within 50m of it, but to delay implementation until the end of their current Hackney Carriage licence, i.e. 1st of August 2007.
Prepared by
B J Sharrock
Licensing Officer
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