The question of zoning had been considered by the Sub-Committee as a result of the intended zoning of vehicles by FOXHUNTERS TAXIS LIMITED contained in their planning application NT/959/92DM which had been considered by the Development Control Sub-Committee on 8 October 1992.
Zoning had raised certain legal issues and matters of policy and it had been decided to refer the matter to this Sub-Committee before a final decision was made on the planning application.Research and consultation with the other Authorities had revealed no other cases of zoning at the present time.The main reason for this appeared to be the risk of Plying for Hire by the private hire vehicles and conflict with the hackney carriage trade. THE COUNCIL WERE WARNED WHAT WOULD HAPPEN BACK in 1993, what we are experiencing at epidemic proportions now and they still decided the following!
(1) a policy of zoning by vehicles be approved on the basis that locations are within areas of PRIVATE LAND which are to the satisfaction of the Head of Transport and Engineering and the Policy and Resources Committee be requested to amend the delegation scheme accordingly;
(2) The unrestricted zoning of vehicles by new private hire operators is not to be approved;
(3) minute 721(19)/1/93 concerning the approval of zoning if they are sited on private land and not on public highways be rescinded;
(4) Zoning for existing licensed private hire vehicle operators requiring an increase in the number of hackney carriage and private hire vehicles for which they are currently licensed to operate be approved. Subject to approval of locations by the Head of Transport and Engineering as outlined in (1) above;
(5) the private hire vehicle operators licence conditions be amended to the effect that all private hire vehicles being operated under the above scheme should when empty, and not having another job to go to, RETURN TO THEIR OPERATORS BASE OR BASES; and
(6) The zoning policy be reviewed within 12 months.
WAS IT EVER REVIEWED WITHIN 12 MONTHS?I COULD NOT FIND ANY EVIDENCE WHEN I LOOKED IN THE PUBLIC RECORDS!BUT WAIT LOOK WHAT I FOUND IN 2001 LQ58/5/01 THE ZONING POLICY FOR PRIVATE HIRE VEHICLES The Heads of Environmental Services and Legal Services reported that under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 the Council could impose any conditions on a private hire vehicle operator’s licence that they considered reasonably necessary.In January 1993 the Council had introduced a zoning policy. This policy meant that a condition was imposed on new licences which require private hire operators to identify specific locations as “BASES” where they would park their vehicles when waiting for bookings.THESE SPACES HAD TO BE ON PRIVATE LAND,BE SUBJECT TO THE NECESSARY PLANNING PERMISSION AND BE ACCEPTABLE TO THE COUNCIL.The policy had been introduced to enable private hire operators with limited parking facilities at their office to expand their operation and increase the number of vehicles they were able to operate with minimal effect on the local community.The Council decided not to introduce the policy retrospective to existing operators as it was felt that it would be susceptible to challenge by, in particular, long established operators who had been operating for a considerable period of time.REMEMBER FOXHUNTERS MADE THE REQUEST, SO NO LONG ESTABLISHMENT FOR EASTCOAST, AS THEY TRADE NOW AS IT WASÂ THEIR PLANNING APPLICATION THAT DEBATED ALL THE ZONING POLICY.The Head of Environmental Services reported that there had been a number of approaches from private hire operators requesting that the Council review its zoning policy as operators were:-
(a) Experiencing difficulties in identifying land on which to zone their vehicles; and
(b) Where land had been identified on which to zone their vehicles, there were difficulties obtaining written permission from the landowner.Recently an applicant for a new private hire operator licence had appealed to the Magistrates Court against the imposition of the zoning condition, arguing that the condition was not reasonably necessary, that no other Council operated a zoning policy and that the Council were using licensing conditions to resolve planning matters.In view of this appeal, Counsels opinion was obtained on the reasonableness of the policy and the Council’s chances of success if challenged in the Magistrates Court. Council’s advice was as follows:
(a) An appeal to the Magistrates Court in relation to the zoning policy would not be emeritus and ought not to succeed;
(b)the two main features of the zoning policy, namely a condition requiring a sufficient number of suitable parking spaces and a condition requiring vehicles to return to base when not in use, would be within the powers conferred by the Local Government(Miscellaneous Provisions)Act 1976; and
(c)The zoning condition attached to the operators licence should be redrafted so that it encapsulates the true basis of the zoning policy.Having obtained Counsels opinion the Licensing Committee were requested to consider:
(a) whether to continue to apply the zoning policy in relevant cases i.e. all new businesses wishing to operate a number of vehicles over and above the parking facilities available at their offices and any existing operator who wishes to expand their business with the same result; and (b) If so, to authorise the Head of Legal Services to amend the wording of the zoning condition to take account of Counsels opinion.RESOLVED;
(1) the Council’s zoning policy as described in the joint report of the Head of Legal Services and Head of Environmental Services be reaffirmed; and
(2) The Head of Legal Services be authorised to amend the wording of the zoning policy condition attached to operator’s licences and this be submitted to a future meeting of the Committee for approval and adoption.So Why are Private Hire companies,still ‘Zoning’ when they clearly should be returning, on completion of a fare, to their Operators base or bases? The Bases which they should have written permission to use and planning permission. They should be off the Public Highway on private land when not booked as per their operators Licence Conditions!
Comments on this article are welcome!
{ 14 comments… read them below or add one }
With reference to the “lighthouse keepers’” article concerning zoning.This is most definitely an article which North Tyneside Taxi Licensing must respond to,and the sooner the better!
Come on Alan,lets hear what you’ve got to say about it!
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
There is two laws on taxi licenseing on North Tyneside the rule`s that a made & laid down by the regulatery & revue committee & then there`s the rules that are by them who are seen fit to enforce them but useing as they say there own discretion ,,, until the actual rules are enforced that are propper we the taxi trade dont stand a chance on North Tyneside ,we as a trade have always maintained we are happy to abide by the rules because if enforced we would benifit a whole lot more ,shame the powers to be wont even give us that chance either..tc
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
Thank you for all the support being given by the TRUE HACKNEY CARRIAGE TRADE in relation to the ZONING POLICY MINUTES I have posted for all to read and about the OUT OF TOWN HACKNEY CARRIAGE PROBLEM.
It is quite clear there is a pattern to the IDENITY OF THE FIRST COMPANY PROPRIETOR who is hell bent on trying to DESTROY OUR INDUSTRY by firstly not complying with what is a condition of being a “FIT AND PROPER PERSON” to hold such a PRIVATE HIRE OPERATORS LICENCE.
If North Tyneside Council were to operate in the same way as the NORTH EAST TRAFFIC COMMISSIONER then a FULL BLOWN ENQUIRY would be ordered with the possibility of the SECTION 55 OPERATORS LICENCE being removed and the business closed down with immediate effect.
I do not expect the business to be closed down, but I do expect this SECTION 55 OPERATOR LICENCE HOLDER to comply with the conditions of the ZONING POLICY.
1. Produce to the councillors all his written planning consent for various landowners about the base and bases submitted to North Tyneside Council and the dates they were submitted to the council for approval that must show PRIVATE LAND OFF THE PUBLIC HIGHWAY FOR ALL PARKING SITES WITHIN THE NORTH TYNESIDE COUNCIL AUTHORITY AREA.
2. The Proprietor, with immediate effect should instruct all PRIVATE HIRE VEHICLE DRIVERS and OUT OF TOWN HACKNEY CARRIAGE DRIVERS were all his BASE or BASES are for PARKING that is on PRIVATE LAND and NOT THE PUBLIC HIGHWAY removing the problem of “PLYING FOR HIRE” from our streets of NORTH TYNESIDE and in particular WHITLEY BAY.
THANK YOU FOR ALL THE SUPPORT BEING GIVEN TO ME BY THE HACKNEY CARRIAGE PROPRIETORS IN NORTH TYNESIDE. We are only disputing the facts within North Tyneside and no other Council Borough, it has to be remembered that we are the only COUNCIL AREA to be stupid enough to have approved ZONING with a set of rules that the PRIVATE HIRE INDUSTRY DO NOT OBEY.
GOOOD LUCK ALL.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
why dont we all just go private hire man ? a mean the proprieter of east coast was in the local rag saying the fuel hike`s his drivers can cope with but a 5 min drop off at the air port they cant if charged a mean EH` then you have along the road an established firm for X amount of years Bragging about starting on 90 pence why dont some of the drivers of that estabilshed firm come on this web site & tell people what they really think , because the lighthouse keeper isnt far wrong in the words of slave drivers & exploiters ?the mind boggles they advertise cheap cheap cheap & the bloody bus`es & metro cant do that ?
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
Mr Miller works for that established firm himself, does he not?
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
I think Mr.Millers’ point is whilst operators quietly get richer,their drivers who build their reputation which keeps them rich have to run around on rates that people like me and Mr.Miller were running on back in 1985. Basically these rich operators have got it made charging 2008 rent whilst letting their drivers run on 20 year old rates. I mean £13.50 to go to the airport and back from the coast!! what for? who needs that kind of fare. You could make that in 45 minutes runnning in and out of the ridges,even on mickey mouse rates.Why would an office driver stick up for someone who is blatantly exploiting him in this way, But maybe ‘anonymous’ is not a driver,maybe he’s an operator.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
The North Tyneside Council Local Government(Miscellaneous Provisions)Act 1976 Application for a Licence to Operate Private Hire Vehicles states;
PLEASE NOTE:
All applications are required to operate wholley from premises situated within the boundaries of the Borough of North Tyneside.
All applicants should also read the standard 7 Conditions of Licence supplied with this form and sign the declaration at the end therefore.
The 7 conditions attached to the licence are;
RECORDS
STANDARD OF SERVICE
COMPLAINTS
CHANGE OF ADDRESS
CONVICTIONS
OPERATORS LICENCE
SPECIAL CONDITIONS RELATING TO PORTOCABINS
There are then three boxes listed next to three choices of application request, which requests the applicant to tick ONE appropriate box for the application of this licence;
SOLE TREADER, if you tick this box, it only covers the named person with this licence.
PARTNERSHIP, if you tick this box, all partners must be listed to be covered by this licence.
LIMITED COMPANY, if you tick this box, only company owned vehicles are covered by this licence.
The relevant Question 2 then must be completed.
Questions 3 to 10, are about the “FIT AND PROPER PERSON CRITERIA” required to hold a PRIVATE HIRE OPERATORS LICENCE IN NORTH TYNESIDE ONLY?
Question 11 asks for two people to speak as to the character of the person named in Question 2.
Question 12 asks for the ADDRESS from which the person named in Q2 intends to carry on the business as an operator(also address of BOOKING OFFICE if seperate)
Question 13 asks, how many PRIVATE HIRE VEHICLES do you intend to operate?
then
Will they all be OPERATED FROM THE PREMISES indicated in Q12(if not give details)
Question 14 asks, How many HACKNEY CARRIAGES do you intend to OPERATE from the premises indicated at Q12?
Question 15 asks, If any of the vehicles for which you are RESPONSIBLE are equipped with a TAXI METER,state the rate at which fares will be charged.(including MINIBUS Rates if applicable)
Question 16 asks, What other businesses operate from the premises indicated at Q12?
Question 17 asks, In respect to the premises reffered to in Q12.
(a) What are the hours of operation?
(b) Are the vehicles radio controlled?
(c) Are orders recieved by calling at the office or by telephoning the office?
Question 18 asks, What access arrangements exist at the premises?
List Pedestrian
List Vehicular
Question 19 asks, With regard to parking, when the vehicles are not in use:
(a)NUMBER OF SPACES ON THE SITE LISTED IN Q12?
(b)If PARKED ELSEWHERE, at what LOCATIONS listed in Q13?
(c)If GARAGED ELSEWHERE, at what LOCATIONS listed in Q13?
(d)ANY OTHER LOCATIONS? (must be within the Borough of North Tyneside)
Question 20 asks, For how long have the premises in Q12 been used for PRIVATE HIRE PURPOSES? (it does not ask for HACKNEY CARRIAGE PURPOSES BEFORE 1976, as it is only a PRIVATE HIRE APPLICATION under the 1976 ACT)
Question 21 asks, Do the premises listed in your reply to Q12 have PLANNING PERMISSION for use as a PRIVATE HIRE OFFICE? (I enclose a copy of PLANNING CONSENT)
SIGNATURE OF APPLICANTS BELOW
(4 seperate spaces listed, just in case)
There are 7 special CONDITIONS ATTACHED TO A PRIVATE HIRE OPERATOR LICENCE ALSO LISTED, and RECORDS include PRIVATE HIRE SUB-CONTRACTORS. To be a PRIVATE HIRE SUB-CONTRACTOR DRIVER YOU MUST HAVE A PRIVATE HIRE OPERATOR LICENCE TO BE ABLE TO SUB-CONTRACT A PRIVATE HIRE VEHICLE and DRIVER LEGALLY, OTHERWISE THAT SUB-CONTRACTOR CANNOT ACCEPT THE HIRING AS A SUB-CONTRACTOR IN LAW?
THE PLANNING AND HIGHWAYS CONSENT WAS A BASIC REQUIREMENT AND MUST BE APPLIED FOR AND GRANTED BY 1976, as their was no Local Government(Miscellaneous Provisions)ACT relating to PRIVATE HIRE OPERATIONS BEFORE 1976, meaning it only came in to force in 1976, meaning NO PLANNING CONSENT COULD HAVE BEEN GRANTED BEFORE THIS ACT EXISTED IN 1976 FOR PRIVATE HIRE OFFICES?
PLANNING & HIGHWAYS CONSENT WAS A REQUIREMENT TO BE GRANTED PERMISSION FOR A PRIVATE HIRE OPERATOR LICENCE IN 1989(original name)at the DAIRY, and again in OCTOBER 1998/OCTOBER 1999(new name change)and for every renewal period granted by NORTH TYNESIDE COUNCIL EVER SINCE as these operations are PRIVATE HIRE VEHICLE OPERATIONS.
IT HAS TO BE REMEMBERED YOU DO NOT NEED A SECTION 55 PRIVATE HIRE OPERATORS LICENCE TO TAKE BOOKINGS AT AN “Appropriate Licensing Authority” HACKNEY CARRIAGE TAXI VEHICLE ONLY OFFICE, THOSE HACKNEY CARRIAGE TAXI OFFICES WERE THE ONLY OFFICES TO EXIST BEFORE 1976.
CASE LAW;
“BRENTWOOD BOROUGH COUNCIL verses ANDREW ERNEST GLADEN” PROVED IN 2004, you do not need a PRIVATE HIRE OPERATORS LICENCE TO ACCEPT THE PROVISIONS OF BOOKINGS FOR HACKNEY CARRIAGE TAXI VEHICLES IN THEIR OWN “Appropriate Licensing Authority” AREA ONLY IF ONLY OPERATING HACKNEY CARRIAGE TAXI VEHICLES MEANING NO PRIVATE HIRE VEHICLES AT ALL.
This information only relates to NORTH TYNESIDE COUNCIL APPLICATIONS and no other LOCAL COUNCIL AREA, as each “APPROPRIATE LICENSING AUTHORITY” AREA HAS ITS OWN APPLICATION FORMS and licensing conditions.
GOOD LUCK ALL.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
just a little point to put accross , i was in the tesco garage the other night and i saw what i thought to be boy racers dropping their friends off only to see that when i passed the car that it was actually a blue line berwick plated car with blacked out windows how can this be ???. surely the law for north tyneside is no private hire or hackney carriage vehicles are allowed to have such a thing as our passenger safety is priority !!!!!
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
sorry but it aint got nowt to do with north tyneside if the windows are black pink blue or yellow the car is plated in berwick
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
comment to the soon to be plated berwick car !! it might be plated in berwick but it works north tyneside so ALL private hire or hackney should comply with north tyneside rules n regulations.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
why does everyone blame “berwick plates” for the down fall in this trade ? The whole problem is this so called goverment over taxing for everything we buy. I work full time hours have the same bills as the next man ie mortgage, food, kids, gas, electric which brings me to my point I have now got to take out a second job and taxi driving is the only thing i can do to make the money i need in the time i can make it So this means more drivers on the road taking work from people who do it as a full time job. I can see everyones point about steeling trade but if i had a pound everytime i have been in town see a north tyne side hack dropping off and asking him if he can run me to whitley and guess what the answer is “yes mate jump in” come one lads you know it happens.We now live in the 20th century every man should be abel to do a days work and take home a good crust to his family. My personal view dont blame the man trying to save money on a cheap plate First blame the goverment for bringing the country as close to rock bottom as it can get and second blame the councils for not closing this loophole 2 year ago when this whole thing started. Stay safe BRITISH drivers you do a good hard job hope things get better for us all and i can stick to my day job
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
take it your mr illeagle then , we depend on are trade full time, not as a holiday funds or a subsidsy to your morgage your like the annom`s bloody ghost`s, that has been the biggest bug bare to the trade, the bloody credit crunch loser get a life spend time with your family, cut your cloth accordingly like we have to in the full time trade, only we we cant , council wake up 1 badge 1 one car 1 full time driver no desperados job sorted…
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
well i should just go on the dole then so you can pay more tax to keep me (thats if you pay any) its not holiday fund it is a point of making money to pay bills not mr illegal (as it is spelt)just a normal hard working british person who needs to support my family i think the illegal you refer to are the route of the problem to many dont even speak the langauge never mind belong here
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
I do not wish to fall out with you, soon to be BERWICK HACKNEY, but can you tell me how it is cheaper to become a Berwick Hackney working in North Tyneside or Newcastle when you will still have to pay a full weeks rent to an office owner to work in Newcastle or North Tyneside.
Why not just get a North Tyneside Private Hire or Newcastle Private Hire Plated vehicle and work as a Private Hire in a Private Hire.
North Tyneside Plate £236 under 4 years old vehicle or £274 if over 4 years old, Badge £42 a year, knowledge if you need it £20 I think and the medical is up to your doctor plus CRB checks are the same price every Council and weekly rent is payable in both Private Hire areas. I do not know the costs in Newcastle unfortunately.
Please state on this site your costs to become a Berwick Hackney, as I bet you do not save much except possibly the Knowledge FEE.
UNLESS OF COURSE YOU ARE GOING TO WORK ILLEGALLY OFF THE STREETS ALL THE TIME?
THANKS
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade