A LEADING EDINBURGH taxi company is threatening to take the city council to court over a £2.4 million contract awarded to a rival firm.
City Cabs is set to begin legal action after a bidding process to provide the council’s discounted taxi service for severely disabled residents.
Taxicard gives those with a permanent disability a fixed discount on taxi journeys, with the council reimbursing cab firms for the price cut.
Earlier this month, Central Radio Taxis won the contract – worth £600,000 annually – after a lengthy procurement exercise that began in June.
But City Cabs argues the council “breached a number of the fundamental principles of European law” in its handling of the bid. And the company’s solicitors are now calling on the council to “refrain from concluding the contract” and begin the process again – or start a new exercise entirely.
If this was not done by noon today, City Cabs would raise proceedings in the Court of Session “without further notice”. In a letter seen by the News, the firm’s lawyers,
Morton Fraser, argue the council breached regulations that state authorities must “treat economic operators equally and without discrimination” and “act in a transparent and proportionate manner”.
They insisted the council had “discriminated” against City Cabs, adding: “But for the council’s failures, it is overwhelmingly likely that City Cabs would have been awarded the contract.”
City Cabs put forward a joint bid for the two-year contract – which has the option of being extended for another two years – with Edinburgh City Private Hire.
The company argues Central falls short of the council’s own key criteria by only providing black cabs and failing to deliver on its promised saloon cars – meaning those with disabilities such as hip replacements will struggle as they attempt to step into the higher cabs.
The Taxicard contract was previously shared by six of Edinburgh’s biggest taxi companies, including City Cabs, Central and Edinburgh City Private Hire. By awarding it to just one company at a cheaper rate, the council hopes to streamline the service and save £105,985.
Les McVay, company secretary at City Cabs, said disabled passengers would lose out under the new contract. He argued that the council could have kept the status quo and cut costs in other ways.
He said: “This is the first time we have ever objected to anything. We feel very strongly about this as it has not been handled properly as far as the council is concerned.”
Kevin Woodburn, director of Edinburgh City Private Hire, said he fully supported City Cabs’ formal challenge and revealed his firm would be petitioning the council to change its mind with the support of many of its disabled users.
But Central Taxis boss Tony Kenmuir said the company “stood by” its contract bid.
He said: “We are confident that our proposal to the council will meet the needs of all users of the taxi card service. The council also appear to be confident of that.”
A council spokeswoman said: “The council is in receipt of the letter from City Cabs’ solicitors and will respond appropriately.”
http://www.scotsman.com/news/edinburgh-s-city-cabs-threatens-court-over-2-4m-contract-1-4032707
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BIRMINGHAM
Licence fees for Hackney Carriage and private hire drivers are to be significantly lowered – and in some cases almost halved – after councillors agreed them earlier today (17 February).
The new charges for drivers, vehicles and operators, which will not come into effect until 1 April 2016, were approved by the Licensing and Public Protection Committee.
The reductions – many of which are around 30 per cent – have been made possible due to Licensing’s surplus balance, accrued over previous years.
The committee agreed to use £189,000 of its surplus in order to lower the fees for 2016/17 – with a new three-year Hackney Carriage driver licence reduced from £370 to £250 (down 32 per cent) and new private hire vehicle licence down from £250 to £128 (49 per cent).
Licence fees for Hackney Carriage and private hire drivers are reviewed annually by the council and may increase or decrease depending on the cost of delivering the service in the previous year and the amount on Licensing balances.
The fees are set at a level to ensure that the service achieves full cost recovery.
Cllr Barbara Dring, Chair of the city council’s Licensing and Public Protection Committee, said: “I am pleased to be able to announce the proposed fee reductions for Hackney Carriage and private hire drivers.
“The new fees are based on a commitment we gave last year to reinvest a third of the carry forward balance each year from the taxi licensing account into the cost of licences.
“Our licence fees in Birmingham are now lower than in many surrounding local authorities and comparable core cities.”
Following the committee’s approval, Birmingham City Council must advertise the proposed fees in a local newspaper for 28 days and consider any objections it receives during that period.
If there are no objections, the revised charges will take effect from 1 April 2016.
ENDS
http://birminghamnewsroom.com/taxi-licence-fees-reduced-for-201617/
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BIDDULPH
TAXI driver Muhammad Shahzad has been ordered to pay more than £800 – after being caught illegally plying for trade.
The cabbie fell victim to a 'sting' operation by police and council officials in Biddulph where he collected plain-clothed officers.
And taxi drivers in the town say that a number of firms from outside the area will often try and collect customers – in a move they claim is damaging their trade.
Shahzad is licensed by Newcastle Borough Council and is therefore only permitted to collect customers who have not pre-booked from that area.
By collecting the plain-clothed officers in Biddulph, who had not booked, the driver invalidated his insurance.
Now Shahzad, of Cauldon Road, Shelton, has been fined and given six penalty points.
Magistrates at North Staffordshire Justice Centre found the 28-year-old guilty in his absence and he was convicted for plying for hire in an area in which he was not licensed and driving without insurance.
He was fined £150 and told to pay £650 costs and a £20 victim surcharge.
http://www.stokesentinel.co.uk/Taxi-driver-8217-s-800-fine-police-8203-sting/story-28754058-detail/story.html#ixzz40SYQIyYY
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Suspended Rossendale taxi driver Nigel Flynn loses licence appeal
A taxi driver whose hackney carriage licence was suspended has lost his appeal.
Nigel Paul Flynn, 49, of Pennine Road, Bacup, had his licence suspended by Rossendale council’s licensing sub-committee in November after two complaints about his driving standards.
Mr Flynn appealed the decision to Burnley Magistrates Court, however the council’s decision was upheld. The council said magistrates heard evidence from two witnesses and Mr Flynn, and determined that both witnesses ‘gave credible evidence’ stating Mr Flynn’s evidence was ‘not credible’.
Magistrates ordered Mr Flynn’s hackney carriage driver licence be suspended for four weeks with immediate effect and awarded costs of £540 to the council.
Speaking after the court hearing, Coun Colin Crawforth, chairman of the licensing committee, said: “The council must make a decision based on all relevant information and following consideration of all relevant council policies, in this case the magistrates considered the council’s policy and upheld the licensing sub-committees decision.”
http://www.rossendalefreepress.co.uk/news/local-news/suspended-rossendale-taxi-driver-nigel-10881269
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BRIGHTON
A WOMAN was sexually assaulted after getting into a car she thought was a taxi following a night out.
The 24-year-old had been drinking with friends in Brighton and got some food at Buddies in King's Road before getting into a vehicle.
She believed this to be a taxi.
Shortly afterwards, she recalls being sexually assaulted by the driver.
The woman managed to escape from the vehicle and was found in a layby on the morning of December 12 last year in an unknown location by a man who then drove her home.
Today police are appealing for this man to come forward to assist with their enquiries.
The suspect is described as a black man with a wide face and short hair in an afro style. He was wearing a brown or khaki blazer with padded shoulders.
The car is described as having a leather interior with a stereo in the centre, and was well lit.
A Sussex Police spokesman said: "Anyone seeking to get a taxi is advised to ensure the vehicle is registered before travelling in it."
Anyone with any information about the incident should email police on 101@sussex.pnn.police.uk or call 101, quoting serial 383 of 12/12.
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WALES
Rapists and paedophiles among those who have applied to be taxi drivers in Wales
Claire Miller
Rapists, paedophiles and dangerous drivers are among those who have applied to be taxi drivers in Wales, with one in four applications showing up previous convictions.
And some drivers with previous convictions have been handed licences by councils, it has been revealed.
Among the previous convictions for people applying for taxi licences, revealed through the Disclosure and Barring Service, were three rapes, five convictions for gross indecency with a child and one for attempted incest.
Across Wales, there were 38 convictions for indecent assault on women aged 16 and over, 20 indecent assaults on girls aged under 14 and one on a boy aged under 14. There were seven convictions for kidnapping across Wales and three convictions for manslaughter.
Amazingly there were also five convictions for causing death by dangerous driving, and two for causing death by reckless.
Across Wales, there were 72 previous convictions for dangerous driving.
Across the local authorities in Wales, those applying for taxi licences between April 2012 and March 2015 had 1,080 previous convictions for assault occasioning actual bodily harm, 1,755 for having no motor insurance, 968 for driving while disqualified, 714 for taking conveyance without authority and 487 for driving while over the limit.
A total of 1,288 applications from across the area in 2014/15 were revealed to have previous convictions, out of 4,999 applications, with a total of 8,656 previous convictions, according to figures revealed following a Freedom of Information request.
Convicted drivers
One in four applications for taxi licences in 2014/15 showed previous convictions, down from nearly one in three in 2012/13.
Meanwhile separate figures revealed that 29 drivers in Bridgend were issued a taxi licence despite criminal convictions between November 2014 and October 2015.
All applicants for new or renewed hackney carriage or private hire licences must obtain a DBS check.
Related: The likes of Uber are not the dawn of a brave new world but the old story of big corporations squeezing out the little guy
The figures do not show if applicants were given licences, as councils have discretion over whether to disregard previous offences.
Decisions are made by the licensing committee.
The figures are based on searching for the word “taxi driver” in the DBS system.
The same applicant may have submitted more than one application in the specified time period.
'Highly unlikely'
A spokesman for Cardiff , Bridgend and the Vale of Glamorgan Councils , who have a shared regulation service, said decisions are made on a case-by-case basis, but it is “highly unlikely that any applicants convicted of serious offences will be granted a licence”.
The spokesman added: “Once licensed all drivers are required to undertake an enhanced DBS check every three years and existing drivers may have their licence suspended or revoked if they obtain new convictions.
“The police notify the council of offences committed by taxi drivers and in the case of serious offences the council has the power to revoke a driver’s licence with immediate effect in the interests of public safety.”
A spokesman for the Welsh Local Government Association said minimum requirements are in place that are “largely standard” to all councils.
And as well as DBS and physical fitness checks councils take “robust enforcement action” against any unlicensed drivers they identify.
http://goo.gl/meukEe
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