I apologize for the delay in my response.
I do not have any points.
From Dec 03 to Mar 09 I was the officer responsible for hackney carriage and private hire licensing at Dartford Borough Council. Following public consultation to which I responded, the Council published its first HC &PH Licensing Policy in Jul 10 .
The Policy contains a Penalty Points Scheme and ecause of my knowledge, I provide assistance to hackney carriage and private hire licence holders that are being or have been dealt with under it. I believe the scheme to be flawed, but I am not a lawyer and this pretty much gives the Council a free hand.
I have been putting together some information based on a past case that would illustrate the problem that I and the people I represent face. However, a serious case has just come up and I am putting together some notes that I hope will help you and will send them in the next few days.
I have made 3 previous attempts to reply to your questions with supporting evidence. The first attempt appeared to fail because I provided web page links to documents. The second was attempt was all text but appears to have failed to get through and my third attempt using attachments appears to have failed for the same reason as the first. Is there any other route by which I can provide the supporting information.
To answer your questions, I did comment on the draft policy when it was put out for public comment prior to its being implemented on 1 August 2010. I have also commented on the updated policy document that was put out for public comment in October 2013.
My comments were part of the supporting information I have tried to provide.
Thank you for your reply. It is very timely as I recently provided comments on a draft of the updated policy that will be put to the next meeting of the Licensing Committee for approval and have been invited by Dartford Borough Council's Head of Legal Services to a meeting with her and officers of the Licensing Section. I'm sure that I will be made aware of the fact that they can do what they like providing they consult. I have also been told by the previous chairman of the Licensing Committee, on another issue, that I should seek a Judicial review if I wanted to take matters further.
Hopefully the meeting will be constructive and commonsense will prevail; but it would not surprise me to be confronted with the Judicial Review barricade.
I know that you don't have much to go on; but could you give me some sort of indicative cost for a Judicial Review. Could you also advise whether each party is responsible for its own costs and whether the costs can be covered by insurance.
What is the position if the case is remitted back for further consideration?
Could you give me some indication of a what a Judicial Review might cost.
I cannot imagine they are cheap but what would be a minimum cost, £10K; £50K+?
Such a figure would be useful when dealing with those that use the defence of Judicial Review in order to do as they like.