Agenda Document Pack - Licensing Committee - 29/04/2026
North Ayrshire Council · 29 April 2026
Back to Licensing Committee — 29 April 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee A Meeting of the Licensing Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 29 April 2026 at 10:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. Licensing Exemption Para Please note that, whilst the items on this Agenda are public documents, consideration of some reports at the meeting may necessitate the passing of a resolution to exclude from the meeting the press and public in terms of Section 50A(4) of the Local Government (Scotland) Act 1973. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 1 April 2026 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 Civic Government (Scotland) Act 1982 and Other Licensing Statutes : Licensing Matters Submit report by the Head of Democratic Services on hearings to be determined, all in terms of the Civic Government (Scotland) Act 1982 (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4 Review and Update of Taxi and Private Hire Licensing Conditions - Update Submit report by Head of Democratic Services reporting back to Committee further to the decision of 4 June 2025, with revised draft conditions for Taxis, Taxi Drivers, Wheelchair Accessible Taxis and Private Hire Cars, and with additional information on the specific matters on which the Committee requested further inquiry. 5 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home,where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee Sederunt Eleanor Collier (Chair) Nairn McDonald (Vice-Chair) John Bell Cameron Inglis Christina Larsen Matthew McLean Donald L. Reid Ronnie Stalker Angela Stephen Chair: Apologies: Attending: 3
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Licensing Committee 1 April 2026 IRVINE, 1 April 2026 - At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. involving participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Eleanor Collier, Cameron Inglis, Christina Larsen, Matthew McLean and Ronnie Stalker. Present (Remote Participation) John Bell and Donald L Reid. In Attendance D. Grier, Solicitor; D. Robertson, Enforcement Officer; A. Kellas, Administration Assistant and S. Dalgoutte, Senior Clerical Assistant (Licensing) (Legal Services); and S. Wilson, Committee Services Officer (Democratic Services) (Corporate Services). Chair Councillor Collier in the Chair. Apologies Nairn Angus-McDonald and Angela Stephen. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 4 March 2026 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Civic Government (Scotland) Act 1982 and other Licensing Statutes: Licensing Matters 3.1 Taxi Driver & Operator Licences : Streamline Taxis Representatives from Streamline Taxis, having been duly cited to attend, were present. The complainant was not in attendance. The representatives from Streamline Taxis addressed the Committee and responded to questions. The Solicitor (Legal Services) addressed the Committee to confirm the preliminary issue and the options available to it. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Agenda Item 2 5
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Decision
The Committee unanimously agreed to take no further action in relation to this
matter.
3.2 Short Term Let : NA00952N - Sneddon Enterprises Ltd
The applicant and their representative, having been duly cited to attend, were
present and addressed the Committee and responded to questions. Objectors to the
application were in attendance and addressed the Committee and responded to
questions.
The Committee agreed that it had sufficient information available to allow it to make
a decision in respect of this matter.
In terms of Standing Order 6.8, the Chair agreed that the meeting be adjourned at
11:22 a.m., reconvening at 11:32 a.m. with the same Members and officers present
and in attendance (as previously, by remote electronic means or in person).
Decision
Councillor Larsen, seconded by Councillor Inglis, moved that the application be
granted with the maximum occupancy of the property being reduced from 8 people
to 6 people. There being no amendment, the motion was declared carried.
Accordingly, the Committee agreed to grant the application under The Civic
Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32
("the STL Order") subject to (a) the Mandatory Conditions set out in Schedule 3 to
the STL Order and (b) the additional local condition set out as "The First Exception"
in Paragraph 10(b) of the Committee's "Licensing Policy Statement on Short-Term
Let Licensing".
3.3 Late Hours Catering Licence : LHCL/136 - Abdul Jabber
The applicant, having been duly cited to attend, was present and addressed the
Committee and responded to questions. Objectors to the application were not in
attendance.
The Committee agreed that it had sufficient information available to allow it to make
a decision in respect of this matter.
Decision
Councillor Stalker, seconded by Councillor Bell moved that the application be
granted and that the applicants remind their delivery staff to remain conscious of
noise levels and obstructive parking in the area. There being no amendment, the
motion was declared carried.
Councillor Stalker left the meeting at this point.
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3.4 Taxi Driver & Operator Licences : TDL/01625 – Scott Havlin The licence holder, having been duly cited to attend, was present. The licence holder addressed the Committee on the issues raised and responded to questions. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Larsen seconded by Councillor D.L Reid, moved that a warning letter be issued to the licence holder. There being no amendment, the motion was declared carried. 4. Civic Government (Scotland) Act 1982: Taxi Fare Review Submitted report by the Head of Democratic Services on the continued Taxi Fare Review and fixed new Taxi Fare Scales. The Solicitor (Legal Services) was heard in further explanation of the report, and associated appendices. Officers responded to Members’ questions and Councillor Collier, seconded by Councillor Larsen proposed that the Committee (a) note the late correspondence received from Thomas Smith after the public consultation period; (b) fix new Scales; and (c) set a date of Monday 4 May 2026 in which the new Scales will become effective. There being no amendment, the motion was declared carried. 5. Urgent Items There were no urgent items. The meeting ended at 12.05 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 7
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NORTH AYRSHIRE COUNCIL 29 April 2026 Licensing Committee Title: Civic Government (Scotland) Act 1982 and other Licensing statutes: Licensing Matters Purpose: To advise the Committee of: a) Hearings to be determined Recommendation: 1) That the Committee should decide whether or not to make a Resolution excluding the public from the meeting at which any of the matters in this Report are to be considered; 2) That the Committee consider and determine the matters before them. 1. Executive Summary 1.1 The Licensing Committee's remit is to exercise the Council's licensing functions. These functions arise under many statutes, mainly the Civic Government (Scotland) Act 1982. Depending on the legislation and the circumstances of each individual case, the Committee is entitled to grant, refuse, renew, vary, suspend and revoke Licences. 2. Background 2.1 The Committee’s business under the 1982 Act is as follows: Appendix A - Licences and Permits where Hearings have been convened Exempt Information 2.2 The Committee will consider "Exempt Information" under the Local Government (Scotland) Act 1973, Schedule 7A. The information is covered by one or more of the following categories of "Exempt Information" under Schedule 7A: Paragraph 3: "Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority." Paragraph 6: "Information relating to the financial or business affairs of any particular person (other than the authority)." Paragraph 14: "Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime." Agenda Item 3 9
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Paragraph 15: "The identity of a Protected Informant" - where "Protected Informant" is defined in Part III as a person who informs the Local Authority about a past, present or future crime, breach of statutory duty, breach of planning control, or nuisance. 2.3 The details of the cases in the Appendix, with any relevant documents (such as letters from the Police or objectors) are in the background papers given to Committee Members and will be sent to the respective Applicants or Licence-Holders before the Meeting. The Schedules are excluded from the published Agenda under Local Government (Scotland) Act 1973, Section 50B(2) and (5). This has been done as the Clerk considers that the meeting is likely not to be open to the public while those Schedules are being considered, as they contain "Exempt Information". 2.4. The Committee is entitled, but not obliged, to make a Resolution excluding the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of "Exempt Information" (Section 50A(4)). 2.5. For example: Paragraph 3 could apply in relation to information or advice requested by a member of the public. Paragraph 6 could apply to a business activity (such as where an Applicant wants a Licence for business or employment). Paragraphs 14 or 15 could apply where it was alleged that there was criminal conduct or anti-social behaviour committed by or against a Licence-Holder or Applicant for a Licence, or where the Committee was told that any person had committed a criminal offence (whether or not there had been concluded Court proceedings). 2.6. Accordingly, if a Resolution is made: (a) the publicly-accessible Minutes will exclude so much of the proceedings during which the public were excluded (Section 50C); (b) the Minutes will include a summary of the proceedings without disclosing the ‘Exempt Information’ (Sections 50C(2) & 50C(1)(b)). 3. Proposals 3.1 It is proposed that the Committee consider and determine each of the listed cases in accordance with the required procedure. 4. Implications/Socio-economic Duty Financial 4.1 There are possible financial implications in relation to any Licensing decision. 10
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Human Resources
4.2 None
Legal
4.3 There are possible legal implications in relation to any licensing decision. Depending
on the legislation, there may be a right of appeal.
Equality/Socio-economic
4.4 Equality Act 2010 imposes duties on the Council:
Section 1(1) ("Public sector duty regarding socio-economic inequalities"): the Council
"must, when making decisions of a strategic nature about how to exercise its
functions, have due regard to the desirability of exercising them in a way that is
designed to reduce the inequalities of outcome which result from socio-economic
disadvantage."
Section 149(1) ("Public sector equality duty"): the Council
"must, in the exercise of its functions, have due regard to the need to -
(a) eliminate discrimination, harassment, victimisation and any other conduct
that is prohibited by or under [that Act];
(b) advance equality of opportunity between persons who share a "Relevant
Protected Characteristic" and persons who do not share it;
(c) foster good relations between persons who share a "Relevant Protected
Characteristic" and persons who do not share it."
The "Relevant Protected Characteristics" are: age; disability; gender
reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual
orientation.
The Clerk has considered these Duties in preparing this Report and any specific impacts
will be evaluated where appropriate. Unless the Clerk advises the Committee otherwise
in a particular case, there are no significant impacts to be considered
Climate Change and Carbon
4.5 None.
Key Priorities
4.6 North Ayrshire Council has priorities for "Communities and Local Democracy" and
"Wellbeing" in the Council Plan 2023-2028 An effective licensing system, e.g.
monitoring the 'fit and proper' status of hire-car drivers and the safety of their cars, helps
achieve Strategic Aim-Wellbeing.
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Community Wealth Building 4.7 There are no Community Wealth Building issues. Islands Communities Impact Assessment (ICIA) 4.8 None United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 None 5. Consultation 5.1 Consultations have been undertaken where appropriate with Police Scotland, Scottish Fire and Rescue, and Council Directorates. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Manager, Legal Services, on Licensing@north-ayrshire.gov.uk. Background Papers None 12
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Appendix A Case 1 Applicant Street Trader Licence Christopher Walker & Ashley Burns Case 2 Applicant Street Trader Licence Eleonora Blagova STL.O.568 (New) Case 3 Applicant Late Hours Catering Licence Arran View Restaurants Ltd (McDonalds, Stevenston) LHCL/152 (New) STL.O.564 (Amendment) 13
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NORTH AYRSHIRE COUNCIL 29 April 2026 Licensing Committee Title: Review and Update of Taxi and Private Hire Licensing Conditions - Update Purpose: To report back to Committee further to the decision of 4 June 2025, with revised draft conditions for Taxis, Taxi Drivers, Wheelchair Accessible Taxis and Private Hire Cars, and with additional information on the specific matters on which the Committee requested further inquiry. Recommendation: It is recommended that the Licensing Committee: (i) notes the further work undertaken following the decision of 4 June 2025, as set out at Section 2 of this Report; (ii) considers and, if satisfied, approves the revised draft licensing conditions appended to this Report, subject to any further amendments it deems necessary, for adoption with effect from the date of decision (subject to the transitional arrangements at Section 3); (iii) approves the proposed amendments to the Vehicle Inspection Guidance set out at Appendix 5, subject to any minor operational amendments required following consultation with the Council’s Transport Manager prior to implementation; (iv) approves the operational changes set out at Section 3 (identification badge holder roll-out, and the addition of a positive acknowledgement step for licensing conditions on the Council’s online application journey); and notes that a separate Report on the Council’s Vehicle Specification Policy (Wheelchair Accessible Vehicles / Motability considerations) will be brought to a future meeting of the Committee. 1. Executive Summary 1.1 This Report returns to Committee further to its decision of 4 June 2025, when Members agreed that proposed amendments to the Taxi, Taxi Driver, Wheelchair Accessible Taxi and Private Hire Car licensing conditions be revised on the basis of the discussion at that meeting and that a further Report be brought back with additional information on the matters raised. Agenda Item 4 15
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1.2 The revised draft conditions appended to this Report reflect the direction given by Members on 4 June 2025, the research carried out subsequently by the Civic Licensing Standards Officer (CLSO), and further legal review of the drafting to ensure consistency across the four licence types. 1.3 The substantive changes since the June 2025 draft are in four areas: (i) identification badges; (ii) disclosure of Police Direct Measures; (iii) advertising on licensed vehicles; and (iv) removal of the requirement to carry a fire extinguisher. The requirement to display the current scales of fares and charges within the vehicle, which the June 2025 draft proposed to remove, is now retained. Proposed amendments to the Council’s Vehicle Inspection Guidance, which underpins enforcement of several of the revised conditions, are appended to this Report at Appendix 5. 1.4 A separate piece of work is underway on the Council’s Vehicle Specification Policy (including the Wheelchair Accessible Vehicle requirement and consideration of the Motability Scheme), following the Committee’s discussion at the same meeting. That work will be the subject of a separate Report. 2. Background 2.1 Identification Badges Members expressed concern at the June 2025 meeting at the proposal that the Taxi Driver’s Badge be held in the driver’s possession rather than being visibly displayed. Members were clear that visibility of the badge to passengers is an important public reassurance and safety measure, particularly in saloon-style vehicles where multiple drivers may use the same vehicle. Members asked whether a practical display solution could be identified. In July 2025, a local taxi firm agreed to trial the use of a clear plastic holder which displays the identification badge on the vehicle’s windscreen, on the nearside (passenger side), positioned so as not to obstruct the driver’s view. No adverse comments were received during the trial period from passengers, drivers or enforcement officers. It is accordingly proposed that the revised conditions require the badge to be displayed in a Council-approved holder in a prominent position within the vehicle (windscreen- mounted, nearside, not obstructing the driver’s view), so that it can be clearly seen by passengers in both the front and rear of the vehicle. The holder will be issued to drivers by the Licensing Authority. Where a vehicle is driven by more than one driver, the badge and holder are readily interchangeable by the incoming driver prior to any hire. 2.2 Police Direct Measures (Recorded Police Warnings and Anti-Social Behaviour Fixed Penalty Notices) Members raised a number of points at the June 2025 meeting in relation to the proposed new disclosure obligation, namely: (i) what types of conduct are typically dealt with by Police Direct Measures; (ii) whether such measures are notified to the Licensing Authority by Police Scotland in the ordinary course; and (iii) how, in the 16
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absence of such notification, the Licensing Authority would become aware of them when considering an application or renewal. Recorded Police Warnings (RPWs) and Anti-Social Behaviour Fixed Penalty Notices (ASB FPNs) are used by Police Scotland as alternatives to reporting a matter to the Procurator Fiscal. They are typically used for lower-level conduct such as minor breach of the peace, minor anti-social behaviour and similar offences. They are not recorded as convictions but are retained on Police Scotland systems and may, in appropriate cases, form part of information provided to the Licensing Authority in response to an application or renewal. There is no ongoing statutory duty requiring Police Scotland to notify the Licensing Authority each time an RPW or ASB FPN is issued to a licence holder. The proposed self-disclosure obligation in the revised conditions (requiring the licence holder to notify the Licensing Authority within seven days of such a measure being issued) therefore fills a material gap and brings disclosure into line with the existing obligation to disclose convictions and fixed penalty notices. It supports the Licensing Authority’s ‘fit and proper person’ assessment and provides a consistent disclosure regime across the four licence types. 2.3 Display of Scales of Fares and Charges The June 2025 proposal was to remove the obligation to display the current scales of fares and charges within the licensed vehicle, on the basis that the scales are now publicly available on the Council’s website. Members observed at the meeting that in practice the obligation is being widely ignored. A view was expressed, however, that non-compliance by licence holders should not itself drive the relaxation of a condition; that not all members of the travelling public are digitally literate; and that an in-vehicle display of the scales remains an important consumer protection measure. Having considered the matters raised by Members, and on the basis that the underlying concern was enforcement rather than the existence of the condition, it is proposed that the requirement to display the current scales of fares and charges prominently within the licensed vehicle is retained. The scales will in any event remain available on the Council’s website. Enforcement will be supported by the addition of the display requirement to the Vehicle Inspection Guidance as a specific test item, so that non-compliance is identified at inspection and rectified prior to the vehicle being returned to service. The Vehicle Inspection Guidance has been drafted so that the in- vehicle display requirement does not apply to Private Hire Cars in which no taximeter is fitted, consistent with the existing position that such vehicles operate on a fare agreed at the time of booking. 2.4 Advertising on Licensed Vehicles At the June 2025 meeting several Members indicated they were minded to permit advertising on taxi vehicles, subject to the vehicle remaining clearly identifiable as a taxi. Members invited the CLSO to report on current practice in neighbouring authorities and on the historical rationale for the present restrictions. A summary of the position elsewhere in Scotland is as follows. South Ayrshire Council permits taxi advertising subject to approval by the Licensing Authority and compliance with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code, administered by the Advertising Standards Authority). South Ayrshire Council does not permit advertising on Private Hire Cars. East Ayrshire Council permits taxi advertising on the sides, bonnet and boot of the vehicle. East Ayrshire Council does not permit advertising on Private Hire Cars, other than “self-advertising” 17
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by the proprietor on front and rear windscreens outwith the wiper blade pattern. The City of Edinburgh Council does not require advertisements to be pre-approved by the Council but reserves the right to require the immediate removal of non-compliant advertising. The CLSO has identified no local authority in Scotland which permits advertising on Private Hire Cars. The historical rationale for the restriction on Private Hire Car advertising is that it reinforces, visually, the distinction between a taxi (which may ply for hire and be hailed from a stance or the street) and a Private Hire Car (which may be hired only by prior booking). Public protection considerations support retention of that distinction. A proportionate and straightforward approach is proposed. Pre-approval of advertising by the Licensing Authority on an application-by-application basis would generate a significant administrative overhead for both licence holders and officers and is not considered necessary or appropriate. The approach recommended in this Report instead places primary responsibility on the licence holder for ensuring the content of any advertising complies with the applicable standards, supported by a clear inspection and enforcement mechanism. It is accordingly proposed as follows: • Taxis: advertising be permitted on the sides, bonnet and tailgate of the vehicle, subject to: (a) compliance by the licence holder with the CAP Code in respect of content; (b) the vehicle remaining clearly identifiable as a taxi, with the roof sign, plates and window notices visible; and (c) no advertising on the front grille or front bumper of the vehicle, on the roof of the vehicle, or on any window beyond the 10 percent window obstruction allowance set out in the Vehicle Inspection Guidance. The reference to the front grille or front bumper is intended to distinguish those surfaces from the bonnet, on which advertising is expressly permitted. • Wheelchair Accessible Taxis: the same permissive position as for taxis generally. • Private Hire Cars: the present prohibition on advertising be retained, for the public protection reasons set out above. There will be no requirement for advertising to be pre-approved by the Licensing Authority. Responsibility for ensuring that the content of any advertising complies with the CAP Code and the conditions of this licence rests at all times with the licence holder. The Licensing Authority reserves the right, on notice, to require the immediate removal of any advertising which does not comply. Compliance will be checked as a matter of course at each annual or six-monthly Vehicle Inspection, with a new failure criterion to be added to the Vehicle Inspection Guidance, and any non-compliance identified between inspections will be dealt with by the CLSO. 2.5 Fire Extinguishers The CLSO has reviewed the position in neighbouring authorities. South Ayrshire Council requires a powder or aqueous film forming foam (AFFF) fire extinguisher and a first aid kit to be fitted. East Ayrshire Council does not require a fire extinguisher to be carried in licensed vehicles. On a risk-proportionate view, incidents of vehicle fires in licensed vehicles are rare. Where they occur, current road safety guidance is to evacuate the vehicle and contact emergency services, rather than for an untrained occupant to attempt to extinguish the fire. A poorly maintained or incorrectly deployed extinguisher may provide limited safety benefit. It is proposed that the requirement to carry a fire extinguisher be removed from the revised conditions. The Vehicle Inspection Guidance will be updated in parallel to 18
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remove the corresponding failure criteria. Licence holders who wish to continue carrying an extinguisher may do so but it will cease to be a matter for licence conditions or inspection. 2.6 Contact Details – Mobile Telephone Number and Email Address Members observed at the June 2025 meeting that the Licensing Authority does not presently hold an up-to-date mobile telephone number and email address for a proportion of licence holders, which impedes routine operational communication and, in particular, the service of notices. It was proposed that provision of these details be made a requirement. The revised conditions require licence holders to provide, and keep updated, a current mobile telephone number and email address for the purposes of communication with the Licensing Authority. This forms part of the existing obligation to notify any substantial change in circumstances within seven days. The lawful basis for processing this information under the UK GDPR is the performance of the Licensing Authority’s statutory licensing function under the Civic Government (Scotland) Act 1982, and it will be handled in accordance with the Council’s retention and data protection policies. 2.7 Acknowledgement of Conditions – Online Application Journey A further matter raised at the June 2025 meeting was the frequency with which licence holders appearing before the Committee assert that they have not read the licence conditions. Members suggested the addition of a positive acknowledgement step or a tick box to the Council’s online application and renewal journey, requiring applicants to confirm that they have read and accepted the conditions before the application is submitted. This is properly an operational rather than a conditions matter. It is proposed that the Licensing Authority implement such a step on the online application journey, alongside continued inclusion of the conditions in the documentation issued with the licence on grant or renewal. This change is identified in the recommendation at the head of this Report. 3. Proposals 3.1 The proposals are: • that the revised Taxi Licence Conditions appended as Appendix 1 be approved; • that the revised Private Hire Car Licence Conditions appended as Appendix 2 be approved; • that the revised Taxi Licence (Wheelchair) Conditions appended as Appendix 3 be approved; • that the revised Taxi Driver Licence Conditions appended as Appendix 4 be approved; • that the proposed amendments to the Vehicle Inspection Guidance set out at Appendix 5 be approved in principle, subject to any minor operational amendments required following consultation with the Council’s Transport Manager prior to implementation and to take effect at the next inspection following the date of decision; • that the Licensing Authority implement a positive acknowledgement step on the online application and renewal journey, requiring applicants to confirm they have read and accepted the conditions before submission; 19
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• that the approved identification badge holder be procured and rolled out to all Taxi Drivers and Private Hire Car Drivers; and • that a separate Report on the Vehicle Specification Policy (Wheelchair Accessible Vehicles / Motability) be brought to a future meeting of the Committee. • If approved, the revised conditions will apply with immediate effect to all new applications and to renewals processed from the date of the Committee’s decision. For existing licence holders, the following transitional arrangements are proposed: • Identification badge holders: to be issued by the Licensing Authority on a rolling basis and in any event by the next annual / six-monthly vehicle inspection following the date of decision. Drivers will carry their badge in the existing manner until their holder is issued. • Vehicle Inspection Guidance: updated Guidance to be finalised following consultation with the Council’s Transport Manager on operational implementation, with any minor non-substantive amendments required for that purpose to be made prior to publication and to take effect at the next inspection following the date of decision. • Fire extinguishers: the requirement is removed with effect from the date of decision; no action is required by licence holders. • Mobile telephone number and email address: to be captured at the next renewal for existing licence holders, or earlier if the licence holder notifies a change of circumstances. 4. Implications/Socio-economic Duty Financial 4.1 The only direct financial implication is the procurement of the approved identification badge holders for existing licence holders. The estimated cost is low and can be met from existing licensing budgets. There is no material financial implication arising from the other proposals. Human Resources 4.2 None Legal 4.3 The proposed amendments remain within the Council’s powers as Licensing Authority under the Civic Government (Scotland) Act 1982. They are compatible with the relevant statutory framework, including the duty under Section 10(2) of the 1982 Act to be satisfied that the vehicle is suitable in type, size and design for use as a taxi or private hire car, is safe for that use and is appropriately insured. The disclosure obligation in respect of Police Direct Measures aligns the conditions with current police practice and supports the Licensing Authority’s ‘fit and proper person’ assessment. Equality/Socio-economic 4.4 The retention of a prominent in-vehicle display of fares supports accessibility for passengers who are not digitally equipped. The proposals on identification badge 20
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visibility support passenger safety. The wider Vehicle Specification Policy work, to be reported separately, will engage equality considerations in respect of disabled passengers and will be accompanied by a full equality impact assessment. Climate Change and Carbon 4.5 None Key Priorities 4.6 The proposed amendments support North Ayrshire Council’s key priorities by improving public safety and wellbeing, promoting transparent and consistent regulation within communities and streamlining administrative processes in line with the Council’s commitment to a sustainable and efficient service. Community Wealth Building 4.7 The proposal to permit taxi advertising, subject to safeguards, is expected to provide a modest additional income opportunity for local taxi operators. Islands Communities Impact Assessment (ICIA) 4.8 None United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 The proposed amendments support consumer protection by ensuring licence holders are subject to clear, consistent and enforceable standards, particularly around fares, safety and conduct. 5. Consultation 5.1 The revised drafts have been prepared following internal discussions between Legal Services, the Depute Clerk, the Civic Licensing Standards Officer and the Licensing Manager. In relation to the Vehicle Inspection Guidance, consultation will also take place with the Council’s Transport Manager prior to implementation to confirm that the revised inspection criteria and form operate effectively in practice. The Committee may, if it wishes, direct that a short consultation with licence holders and representative bodies be carried out in advance of final adoption, but officers do not consider that this is necessary having regard to the nature of the changes and the operational work already undertaken since June 2025. 21
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Aileen Craig Head of Democratic Services For further information please contact Drew Robertson, Civic Licensing Standards Officer, on 01294 310000. Background Papers 1. CLSO Briefing Note: Review of NAC Taxi Licence conditions in relation to Advertising, Fire Extinguishers and Holders for Identification Badges. 2. Guidance – Taxi and Private Hire Vehicle Inspections (Version 1.2, 16 May 2018). Appendices Appendix 1 – Revised Taxi Licence Conditions (draft) Appendix 2 – Revised Private Hire Car Licence Conditions (draft) Appendix 3 – Revised Taxi Licence (Wheelchair) Conditions (draft) Appendix 4 – Revised Taxi Driver Licence Conditions (draft) Appendix 5 – Vehicle Inspection Guidance – Proposed Amendments (April 2026) Appendix 6 – Revised Vehicle Inspection Guidance (draft) Appendix 7 – Existing Taxi Licence Conditions Appendix 8 – Existing Private Hire Car Licence Conditions Appendix 9 – Existing Taxi Licence (Wheelchair) Conditions Appendix 10 – Existing Taxi Driver Licence Conditions 22
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Taxi Licence Conditions Introduction This licence is granted subject to the following 16 Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which can result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if the licence holder does breach a Condition. Condition 1 The maximum number of passengers which may be carried in the licensed vehicle must not exceed the number set down in the licence. In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). Condition 2 The taxi must have a valid Certificate of Insurance which complies with the Conditions of the Road Traffic Acts as amended and any Regulations made thereunder, which Certificate must be in the name of the licence holder and cover the licensed vehicle operating as a taxi. There must also be a current Certificate of Roadworthiness or MOT Certificate for the licensed vehicle. The Insurance Certificate, the Certificate of Roadworthiness and the MOT Certificate may be required to be presented to the Licensing Authority when the licence is renewed, at the annual inspection or when the Certificates are renewed if this does not happen at the time of an inspection or renewal. In addition, these Certificates must be presented to the Licensing Authority and its Authorised Officers at any time the licence holder is asked to submit them. Condition 3 The licensed vehicle must have a taximeter fitted in a position approved by the Licensing Authority. This meter must be: • of a type approved by the Authority and be appropriate to cover the type of hire (either exclusive or sharing). • calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. • in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. • the seals to the taximeter and those fixing the taximeter to the licensed vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly permit the licensed vehicle to trade as a taxi if the taximeter is defective or the seals are broken or detached. • when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. 23
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• the size of the wheels or tyres of the licensed vehicle can only be altered if this will not affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the licensed vehicle cannot be used as a taxi until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. Condition 4 The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. No other fare can be charged. A copy of the current scales of fares and charges shall be displayed prominently within the licensed vehicle so as to be clearly visible to any passenger. The current scales of fares and charges are also available on the North Ayrshire Council website under the heading of ‘Licensing’. In cases where a journey begins within North Ayrshire but ends outwith its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. Condition 5 If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog, or an assistance dog of that person or by a person who wishes to be accompanied by such a person the licence holder must carry the disabled person’s dog and allow it to remain with the disabled person and not make any additional charge for doing so. If the licence holder has been granted medical exemption from this Condition, then the notice of exemption must be fixed in a prominent position in the vehicle. Condition 6 No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. Smoking includes the use of e-cigarettes and other vaporising devices. Condition 7 As a part of this licence the Licensing Authority has issued plates and window notices which detail the Licence Number and other information of the licensed vehicle. The larger plate must be secured to the rear bodywork and the smaller plate to the front bodywork of the licensed vehicle in a position where they can be clearly seen and read. The method of fixing the plates must be permanent and the decision of the Licensing Authority as to whether a plate is adequately fixed will be final. If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a taxi until a replacement plate, supplied by the Licensing Authority, has been securely fixed to the appropriate section of the bodywork of the vehicle. The window notices must be placed in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. The plates and window notices are issued for this licensed vehicle and must not be transferred to any other vehicle. Condition 8 The licensed vehicle must be fitted with a sign fixed to its roof showing that it is licensed to operate as a taxi. The Licensing Authority must approve the type of sign to be used. (If the 24
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taxi is available for sharing hire a sign to show that it is available for that purpose must be displayed. The Licensing Authority must also approve this type of sign and its position on the vehicle). No other signs or advertisements advertising its services as a taxi can be displayed on the vehicle. The licence holder may display advertising on the sides, bonnet and tailgate of the licensed vehicle, subject to: (a) compliance by the licence holder with the UK Code of Non- broadcast Advertising and Direct & Promotional Marketing (the CAP Code) as from time to time in force; (b) the vehicle remaining clearly identifiable as a taxi, with the roof sign, plates and window notices visible and unobscured; and (c) no advertising being displayed on the front grille or front bumper of the vehicle, on the roof of the vehicle, or on any window beyond the 10 percent window obstruction allowance set out in the Council’s Vehicle Inspection Guidance. The licence holder is responsible at all times for ensuring that the content of any advertising complies with these requirements. The Licensing Authority reserves the right, on notice in writing to the licence holder, to require the immediate removal of any advertising which, in the opinion of the Licensing Authority, does not comply. Condition 9 As part of the procedure for the issuing of this licence this vehicle has undergone a vehicle inspection and received a Pass Certificate from the representative of a body appointed by the Licensing Authority to carry out these inspections. The licensed vehicle must pass vehicle inspections twelve months and twenty-four months after this licence has been granted. The Licensing Authority may require the vehicle to be tested on more than those two occasions if it considers it appropriate in the circumstances and the licensed vehicle must be presented for all such inspections and receive a Pass Certificate. In addition, the licence holder must comply with any request made by a Police Constable or an Authorised Officer of the Licensing Authority that the vehicle be inspected. The licensed vehicle is not permitted to operate as a taxi if it fails to receive a Pass Certificate at any inspection. Condition 10 The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle nor allow the vehicle to be used if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. Condition 11 If the licensed vehicle is involved in an accident the licence holder must report this to the Licensing Authority within 48 hours of the accident occurring. The report by the licence holder must include details of the damage sustained in the accident and the vehicle may not be used as a taxi until the necessary repairs have been carried out and the Licensing Authority has confirmed that it can now be used as a taxi. When the vehicle is inspected by the Licensing Authority the licence holder must detail the repair works which have been carried out to the vehicle. Similarly, if the licensed vehicle is modified or altered the licence holder must advise the Licensing Authority of that within the 48-hour period and comply with the same requirements as would be necessary following an accident to the vehicle. Condition 12 The licence holder must ensure that, when the vehicle is operating as a taxi, the driver: • holds a current taxi driver licence issued by North Ayrshire Council under the Civic Government (Scotland) Act 1982; 25
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• displays his/her driver’s licence badge from North Ayrshire Council in the Council- approved holder mounted on the nearside of the windscreen of the licensed vehicle, in a position where it can be clearly seen by passengers and which does not obstruct the driver’s view; • is clean and tidy in appearance; and • conducts himself/herself in a proper and civil manner. The licence holder must also keep a record of the names, addresses and Taxi Driver’s Licence numbers of every taxi driver employed to drive this licensed vehicle. If a Police Officer or an Officer authorised by the Licensing Authority asks to see that list the licence holder must supply it to them immediately. Condition 13 The licence holder must notify the Licensing Authority in writing within seven days of: • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle; • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved; • having been dealt with by Police Direct Measures in the form of either a Recorded Police Warning (RPW) or an Anti-social Behaviour Fixed Penalty Notice (ASB FPN); • any change to the mobile telephone number or email address provided by the licence holder to the Licensing Authority. The licence holder must provide, and keep updated, a current mobile telephone number and email address for the purposes of communication with the Licensing Authority; and • any other substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name, and which also covers medical conditions which affect the ability to drive. Condition 14 If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence, this licence, together with the plate, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. Condition 15 In addition to the preceding Conditions the licence holder must also comply with the general conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to and Regulations made in terms of that Act. Condition 16 In these Conditions certain words have the following meaning: • "exclusive" where it relates to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried; 26
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• "sharing" where it relates to the hire of a taxi, means that each passenger is carried at a separate fare payable to the driver; • "vehicle" means a motor vehicle which meets with the specification laid down by the Licensing Authority; and • "Licensing Office" is the designated office for the processing of licences for the Licensing Authority of North Ayrshire and is located at North Ayrshire Council, Licensing Office, Cunninghame House, Irvine, KA12 8EE. 27
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Private Hire Car Licence Conditions Introduction This licence is granted subject to the following 17 Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which can result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if the licence holder does breach a Condition of the licence. Condition 1 The licence holder is specifically prohibited from canvassing or seeking to obtain a hire in any public place. Condition 2 The maximum number of passengers which may be carried in the licensed vehicle must not exceed the number set down in the licence. In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). Condition 3 The private hire car must have a valid Certificate of Insurance which complies with the Conditions of the Road Traffic Acts as amended and any Regulations made thereunder, which Certificate must be in the name of the licence holder and cover the licensed vehicle operating as a private hire car. There must also be a current Certificate of Roadworthiness or MOT Certificate for the licensed vehicle. The Insurance Certificate, the Certificate of Roadworthiness and the MOT Certificate may be required to be presented to the Licensing Authority when the licence is renewed, at the annual inspection or when the Certificates are renewed if this does not happen at the time of an inspection or renewal. In addition, these Certificates must be presented to the Licensing Authority and its Authorised Officers at any time the licence holder is asked to submit them. Condition 4 The licensed vehicle may have a taximeter fitted in a position approved by the Licensing Authority. If a meter is fitted it must be: • of a type approved by the authority and be appropriate to cover the type of hire (either exclusive or sharing). • calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. • in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. • the seals to the taximeter and those fixing the taximeter to the licensed vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly permit the licensed vehicle to trade as a private hire car if the taximeter is defective or the seals are broken or detached. 28
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• when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. • the size of the wheels or tyres of the licensed vehicle can only be altered if this will not affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the licensed vehicle cannot be used as a private hire car until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. Condition 5 The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. Where a taximeter is fitted, a copy of the current scales of fares and charges shall be displayed prominently within the licensed vehicle so as to be clearly visible to any passenger. The current scales of fares and charges are also available on the North Ayrshire Council website under ‘Licensing’. Where a taximeter is fitted and used for the journey, no fare other than the fare shown on the approved meter may be charged, except where a journey begins within North Ayrshire but ends outwith its boundary and the fare, charge or method of calculating the fare has been agreed with the person hiring the licensed vehicle before the hire commences. Condition 6 If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person or by a person who wishes to be accompanied by such a person, the licence holder must carry the disabled person’s dog and allow it to remain with the disabled person and not make any additional charge for doing so. If the licence holder has been granted medical exemption from this Condition, then the notice of exemption must be fixed in a prominent position in the vehicle. Condition 7 No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. Smoking includes the use of e-cigarettes and other vaporising devices. Condition 8 As a part of this licence the Licensing Authority has issued plates and window notices which detail the Licence Number and other information of the licensed vehicle. The larger plate must be secured to the rear bodywork and the smaller plate to the front bodywork of the licensed vehicle in a position where they can be clearly seen and read. The method of fixing the plates must be permanent and the decision of the Licensing Authority as to whether a plate is adequately fixed will be final. If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a private hire car until a replacement plate, supplied by the Licensing Authority, has been securely fixed to the appropriate section of the bodywork of the vehicle. The window notices must be placed in the rear passenger window of the vehicle where 29
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they can be clearly seen and read by any passenger. The plates and window notices are issued for this licensed vehicle and must not be transferred to any other vehicle. Condition 9 The private hire car must not be fitted with any sign except those approved by the Licensing Authority for the purpose of identifying it as a vehicle licensed to operate as a private hire car. No other signs or advertisements of any kind may be displayed on the licensed vehicle (including on any window, on the bodywork, or on the roof). This prohibition reflects the statutory distinction between a taxi and a private hire car, which may be hired only by prior booking and may not ply for hire, and is intended to avoid any confusion on the part of the travelling public. Condition 10 As part of the procedure for the issuing of this licence this vehicle has undergone a vehicle inspection and received a Pass Certificate from the representative of a body appointed by the Licensing Authority to carry out these inspections. The licensed vehicle must pass vehicle inspections twelve months and twenty-four months after this licence has been granted. The Licensing Authority may require the vehicle to be tested on more than those two occasions if it considers it appropriate in the circumstances and the licensed vehicle must be presented for all such inspections and receive a Pass Certificate. In addition, the licence holder must comply with any request made by a Police Constable or an Authorised Officer of the Licensing Authority that the vehicle be inspected. The licensed vehicle is not permitted to operate as a private hire car if it fails to receive a Pass Certificate at any inspection. Condition 11 The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle nor allow the vehicle to be used if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. Condition 12 If the licensed vehicle is involved in an accident the licence holder must report this to the Licensing Authority within 48 hours of the accident occurring. The report by the licence holder must include details of the damage sustained in the accident. The vehicle may not be used as a private hire car until the necessary repairs have been carried out and the Licensing Authority has confirmed that it can now be used as a private hire car. When the vehicle is inspected by the Licensing Authority the licence holder must detail the repair works which have been carried out to the vehicle. Similarly, if the licensed vehicle is modified or altered the licence holder must advise the Licensing Authority of that within the 48-hour period and comply with the same requirements as would be necessary following an accident to the vehicle. Condition 13 The licence holder must ensure that, when the vehicle is operating as a private hire car, the driver: • holds a current Private Hire Car Driver Licence or a Taxi Driver Licence issued by North Ayrshire Council under the Civic Government (Scotland) Act 1982; • displays his/her driver licence badge from North Ayrshire Council in the Council- approved holder mounted on the nearside of the windscreen of the licensed vehicle, 30
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in a position where it can be clearly seen by passengers and which does not obstruct the driver’s view; • is clean and tidy in appearance; and • conducts himself/herself in a proper and civil manner. The licence holder must also keep a record of the names, addresses and Private Hire Car Driver Licence number or Taxi Driver Licence number of every driver employed to drive this licensed vehicle. If a Police Officer or an Officer authorised by the Licensing Authority asks to see that list the licence holder must supply it to them immediately. Condition 14 The licence holder must notify the Licensing Authority in writing within seven days of: • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle; • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved; • having been dealt with by Police Direct Measures in the form of either a Recorded Police Warning (RPW) or an Anti-social Behaviour Fixed Penalty Notice (ASB FPN); • any change to the mobile telephone number or email address provided by the licence holder to the Licensing Authority. The licence holder must provide, and keep updated, a current mobile telephone number and email address for the purposes of communication with the Licensing Authority; and • any other substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name, and which also covers medical conditions which affect the ability to drive. Condition 15 If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence this licence, together with the plate, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. Condition 16 In addition to the preceding Conditions the licence holder must also comply with the general conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to any Regulations made in terms of that Act. Condition 17 In these Conditions certain words have the following meaning: • "exclusive" where it relates to the hire of a private hire car, means that a single fare is payable by any one passenger for the whole hire of the private hire car whether or not more than one passenger is carried; • "sharing" where it relates to the hire of a private hire car, means that each passenger is carried at a separate fare payable to the driver; 31
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• "vehicle" means a motor vehicle which meets with the specification laid down by the Licensing Authority; and • "Licensing Office" is the designated office for the processing of licences for the Licensing Authority of North Ayrshire and is located at North Ayrshire Council, Licensing Office, Cunninghame House, Irvine, KA12 8EE. 32
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Taxi Licence (Wheelchair) Conditions Introduction This licence is granted subject to the following 18 Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which can result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if the licence holder does breach a Condition. Condition 1 The vehicle licensed in terms of this licence is subject to an amended vehicle specification. In addition to the requirements set out in the vehicle specification of the Licensing Authority this vehicle also requires meeting the specification that it has been designed, or adapted, to carry passengers in wheelchairs and to secure the safe carriage of non-ambulatory passengers. Any vehicle substituted for the original vehicle requires to meet this specification. Condition 2 The maximum number of passengers which may be carried in the licensed vehicle must not exceed the number set down in the licence. In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). Condition 3 The taxi must have a valid Certificate of Insurance which complies with the Conditions of the Road Traffic Acts as amended and any Regulations made thereunder, which Certificate must be in the name of the licence holder and cover the licensed vehicle operating as a taxi. There must also be a current Certificate of Roadworthiness or MOT Certificate for the licensed vehicle. The Insurance Certificate, the Certificate of Roadworthiness and the MOT Certificate may be required to be presented to the Licensing Authority when the licence is renewed, at the annual inspection or when the Certificates are renewed if this does not happen at the time of an inspection or renewal. In addition, these Certificates must be presented to the Licensing Authority and its Authorised Officers at any time the licence holder is asked to submit them. Condition 4 The licensed vehicle must have a taximeter fitted in a position approved by the Licensing Authority. This meter must be: • of a type approved by the Authority and be appropriate to cover the type of hire (either exclusive or sharing). • calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. • in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. • the seals to the taximeter and those fixing the taximeter to the licensed vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly 33
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permit the licensed vehicle to trade as a taxi if the taximeter is defective or the seals are broken or detached. • when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. • the size of the wheels or tyres of the licensed vehicle can only be altered if this will not affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the licensed vehicle cannot be used as a taxi until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. Condition 5 The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. A copy of the current scales of fares and charges shall be displayed prominently within the licensed vehicle so as to be clearly visible to any passenger. The current scales of fares and charges are also available on the North Ayrshire Council website under the heading ‘Licensing’. No other fare can be charged. In cases where a journey begins within North Ayrshire but ends outwith its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. Condition 6 If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog, or an assistance dog of that person or by a person who wishes to be accompanied by such a person the licence holder must carry the disabled person’s dog and allow it to remain with the disabled person and not make any additional charge for doing so. If the licence holder has been granted medical exemption from this Condition, then the notice of exemption must be fixed in a prominent position in the vehicle. Condition 7 The vehicle specification in respect of this vehicle requires that it can carry a passenger who uses a wheelchair. In respect of such passengers the licence holder is obliged to adhere to and to ensure that any driver operating the vehicle on behalf of the licence holder adheres to the Code of Practice relating to such passengers as drawn up by the Licensing Authority. A copy of this Code of Practice is annexed to and forms part of this licence. This Code of Practice must be carried in the licensed vehicle at all times and be visible to passengers. Condition 8 No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. Smoking includes the use of e-cigarettes and other vaporising devices. 34
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Condition 9 As a part of this licence the Licensing Authority has issued plates and window notices which detail the Licence Number and other information of the licensed vehicle. The larger plate must be secured to the rear bodywork and the smaller plate to the front bodywork of the licensed vehicle in a position where they can be clearly seen and read. The method of fixing the plates must be permanent and the decision of the Licensing Authority as to whether a plate is adequately fixed will be final. If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a taxi until a replacement plate, supplied by the Licensing Authority, has been securely fixed to the appropriate section of the bodywork of the vehicle. The window notices must be placed in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. The plates and window notices are issued for this licensed vehicle and must not be transferred to any other vehicle. Condition 10 The licensed vehicle must be fitted with a sign fixed to its roof showing that it is licensed to operate as a taxi. The Licensing Authority must approve the type of sign to be used. (If the taxi is available for sharing hire a sign to show that it is available for that purpose must be displayed. The Licensing Authority must also approve this type of sign and its position on the vehicle). No other signs or advertisements advertising its services as a taxi can be displayed on the vehicle. The licence holder may display advertising on the sides, bonnet and tailgate of the licensed vehicle, subject to: (a) compliance by the licence holder with the UK Code of Non- broadcast Advertising and Direct & Promotional Marketing (the CAP Code) as from time to time in force; (b) the vehicle remaining clearly identifiable as a taxi, with the roof sign, plates and window notices visible and unobscured; and (c) no advertising being displayed on the front grille or front bumper of the vehicle, on the roof of the vehicle, or on any window beyond the 10 percent window obstruction allowance set out in the Council’s Vehicle Inspection Guidance. The licence holder is responsible at all times for ensuring that the content of any advertising complies with these requirements. The Licensing Authority reserves the right, on notice in writing to the licence holder, to require the immediate removal of any advertising which, in the opinion of the Licensing Authority, does not comply. Condition 11 As part of the procedure for the issuing of this licence this vehicle has undergone a vehicle inspection and received a Pass Certificate from a body appointed by the Licensing Authority to carry out these inspections. The licensed vehicle must pass vehicle inspections twelve months and twenty-four months after this licence has been granted. The Licensing Authority may require the vehicle to be tested on more than those two occasions if it considers it appropriate in the circumstances and the licensed vehicle must be presented for all such inspections and receive a Pass Certificate. In addition, the licence holder must comply with any request made by a Police Constable or an Authorised Officer of the Licensing Authority that the vehicle be inspected. The licensed vehicle is not permitted to operate as a taxi if it fails to receive a Pass Certificate at any inspection. Condition 12 The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle nor allow the vehicle to be used if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. 35
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Condition 13 If the licensed vehicle is involved in an accident the licence holder must report this to the Licensing Authority within 48 hours of the accident occurring. The report by the licence holder must include details of the damage sustained in the accident and the vehicle may not be used as a taxi until the necessary repairs have been carried out and the Licensing Authority has confirmed that it can now be used as a taxi. When the vehicle is inspected by the Licensing Authority the licence holder must detail the repair works which have been carried out to the vehicle. Similarly, if the licensed vehicle is modified or altered the licence holder must advise the Licensing Authority of that within the 48-hour period and comply with the same requirements as would be necessary following an accident to the vehicle. Condition 14 The licence holder must ensure that, when the vehicle is operating as a taxi, the driver: • holds a current Taxi Driver Licence issued by North Ayrshire Council under the Civic Government (Scotland) Act 1982; • displays his/her driver’s licence badge from North Ayrshire Council in the Council- approved holder mounted on the nearside of the windscreen of the licensed vehicle, in a position where it can be clearly seen by passengers and which does not obstruct the driver’s view; • is clean and tidy in appearance; • conducts himself/herself in a proper and civil manner; and • has been fully trained in the procedures in respect of the carriage of passengers who use wheelchairs and is competent to carry out these in accordance with the Code of Practice referred to in Condition 7. The licence holder must also keep a record of the names, addresses and Taxi Driver’s Licence numbers of every taxi driver employed to drive this licensed vehicle. If a Police Officer or an Officer authorised by the Licensing Authority asks to see that list the licence holder must supply it to them immediately. Condition 15 The licence holder must notify the Licensing Authority in writing within seven days of: • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle; • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved; • having been dealt with by Police Direct Measures in the form of either a Recorded Police Warning (RPW) or an Anti-social Behaviour Fixed Penalty Notice (ASB FPN); • any change to the mobile telephone number or email address provided by the licence holder to the Licensing Authority. The licence holder must provide, and keep updated, a current mobile telephone number and email address for the purposes of communication with the Licensing Authority; and 36
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• any other substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name, and which also covers medical conditions which affect the ability to drive. Condition 16 If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence, this licence, together with the plate, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. Condition 17 In addition to the preceding Conditions the licence holder must also comply with the general conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to and Regulations made in terms of that Act. Condition 18 In these Conditions certain words have the following meaning: • "exclusive" where it relates to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried; • "sharing" where it relates to the hire of a taxi, means that each passenger is carried at a separate fare payable to the driver; • "vehicle" means a motor vehicle which meets with the specification laid down by the Licensing Authority as amended in terms of Condition 1 of this licence; and • "Licensing Office" is the designated office for the processing of licences for the Licensing Authority of North Ayrshire and is located at North Ayrshire Council, Licensing Office, Cunninghame House, Irvine, KA12 8EE. 37
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TAXI DRIVER LICENCE CONDITIONS This licence is granted subject to the following 22 Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which may result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if you do breach these Conditions. SECTION 1 - THE LICENCEHOLDER 1. At all times when the licence holder is operating a licensed vehicle which is available for hire, plying for hire, or engaged on hire, the licence holder shall display the badge issued by the Licensing Authority showing that he/she is the holder of a Taxi Driver’s Licence. The badge shall at all times be kept in a clean and legible condition. The badge shall be placed in a Council-approved holder mounted on the nearside of the windscreen of the licensed vehicle, in a position where it can be clearly seen by passengers and which does not obstruct the driver’s view. If requested to do so by a Police Constable, an Officer of the Licensing Authority, a hirer or passenger, the licence holder shall permit that person to inspect the badge and take a note of the details specified on the badge. 2. No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. Smoking includes the use of e-cigarettes and other vaporising devices. 3. Taxi Driver – Standards of Dress Revised August 2024 When the vehicle is operating as a Taxi or Private Hire Car, the Licence holder must conduct themselves in a proper and civil manner and be clean and tidy in appearance. Licence holders must, when operating the licensed vehicle, conform to the following ‘Standards of Dress’ (a) For identification purposes, the Licence holder must not wear a hat, cap, baseball style cap, beanie hat or any other head wear while driving the vehicle when under hire or plying for hire. (b) Trousers must be full length dress style with belt hoops and skirts must be of plain dark colours and not highly patterned. (c) Black coloured jeans are permitted. (d) Jogging trousers, tracksuit and cargo trousers are not acceptable. (e) Polo shirts must be one colour and have a collar with no printing or lettering 38
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except a small manufacturer’s logo. It is acceptable for a company name or logo on the shirt. T-shirts with a round neckline, football attire or club colours are not acceptable. (f) Dress shorts, and chino style shorts may be worn at any time of the year provided they have belt hoops and are one colour. Three quarter length shorts and cargo style shorts are not permitted. Highly patterned or advertising printing are not acceptable. There may be a small manufacturer’s logo. Gym or beach shorts are not permitted. (g) Any tie should be a clip-on style for the driver’s own personal safety. (h) Jumpers either crew or V neck are permitted provided they are not highly patterned and may have a small manufacturer’s logo, or taxi firm or association details. Hoodies are not permitted. (i) Footwear may be either shoes or training shoes. Sandals and flip flops/sliders are not appropriate and hiking boots are not acceptable. Departure from any of these requirements is permitted only where a particular type of clothing is required by the traditional and customary practices of the Licence holder’s religion. Where the Licence holder is told by an officer of the Licensing Authority that, in the officer's opinion, the Licence holder’s clothing is not consistent with this Condition (including the 'Dress Code'), the Licence holder shall cease operating under the Licence and shall not resume unless they have changed to clothing which meets the Licence Condition. 4. The licence holder must notify the Licensing Authority in writing within seven days of: • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle. • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved. • having been dealt with by Police Direct Measures in the form of either a Recorded Police Warning (RPW) or an Anti-social Behaviour Fixed Penalty Notice (ASB FPN). • any other substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name, and which also covers medical conditions which affect the ability to drive. 39
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• any change to the mobile telephone number or email address provided by the licence holder to the Licensing Authority. The licence holder must provide, and keep updated, a current mobile telephone number and email address for the purposes of communication with the Licensing Authority. 5. If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence this licence, together with the badge, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. 6. When the licensed vehicle in the charge of the licence holder is available for hire or plying for hire, licence holder shall either sit in the driver’s seat or stand in the immediate proximity of the vehicle. When the licensed vehicle is hired the licence holder shall occupy the driver’s seat except during any period when he/she is announcing the arrival to the hirer, assisting the hirer or passenger, or assisting with luggage. 7. The licence holder must not permit the licensed vehicle being driven by him/her or in his/her charge to be used for any illegal or immoral purpose, to carry or convey any illegal substances, contraband goods or any article of a dirty, noxious, dangerous or explosive nature or to carry a passenger who is verminous. 8. On approaching a stance where taxis are permitted to stand, the licence holder shall drive to the rear of any taxis standing there and shall progress to the head of the stance in line as the other taxis depart in an orderly fashion. SECTION 2 - THE VEHICLE 9. When the licence holder is in charge of a licensed vehicle which is available for hire, plying for hire or on hire he/she must ensure that it is operated under the following conditions:- 9.1. The licensed vehicle must have a valid Certificate of Insurance which complies with the conditions of the Road Traffic Acts and any Regulations made thereunder or amendments thereto which must be in the name of the holder of the vehicle licence, and which must cover the licensed vehicle operating as such. There must also be a current MOT Certificate for the licensed vehicle. 9.2. The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. 40
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9.3. That the plates and window notices issued by the Licensing Authority with the licence number of the taxi are securely and permanently fitted to the front and rear bodywork of the vehicle in a position where they can be clearly seen and read. If the plate/plates has/have been lost or defaced the taxi cannot be used until the Licensing Authority has given a replacement plate/plates to the taxi licence holder and this has /these have been fixed to the vehicle. The window notices must be positioned in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. 9.4. That the taxi is fitted with a sign of a type approved by the Licensing Authority fitted to the roof of the vehicle which identifies it as licensed to operate as a taxi. The vehicle must not have any other signs or markings which suggest that it is licensed to operate as a taxi, except those approved or permitted by the Licensing Authority. This does not prevent advertising which is permitted under the Taxi Licence Conditions for the vehicle. 9.5. That in the event the licensed vehicle which the licence holder is driving or is otherwise in charge of is damaged, altered or modified the licence holder shall not use it for hire until it has been presented for inspection and approved for hire by the Licensing Authority. 10. If the licence holder is required to do so at the instruction of a Police Constable, Officer of the Licensing Authority authorised for that purpose he/she shall deliver the licensed vehicle which he/she is driving or otherwise in his charge for inspection to such a place and at such time as the Police Constable or Authorised Officer of the Licensing Authority so require. SECTION 3 - PASSENGERS 11. The maximum number of passengers carried in the licensed vehicle must not exceed the limit set down in the licence for the vehicle. In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). 12. If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. 13. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person or by a person who wishes to be accompanied by such a person the licence 41
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holder must carry the disabled person’s dog and allow it to remain with the disabled person and not make any additional charge for doing so. The exception for refusing to carry an animal referred to in the following Condition does not apply in these circumstances. If the licence holder has been granted medical exemption from this Condition, then the Notice of Exemption must be fixed in a prominent position in the vehicle. 14. The licence holder shall not refuse to carry a hirer or passenger to any destination within North Ayrshire except for the following cases:- • if the hirer or a passenger is, in the opinion of the licence holder not in a fit and proper condition to be carried in the vehicle. • if the condition or clothing of the hirer or a passenger is offensive or likely to cause damage to the interior of the vehicle • if the hirer or a passenger refuses to stop or refrain from smoking when asked to do so by the licence holder • if the hirer or a passenger is accompanied by any animal which is likely to damage or soil the interior of the vehicle. • if any other condition of this licence authorises the licence holder to refuse to carry a passenger. 15. The licence holder must carry as much luggage of the hirer or passenger as can be safely accommodated in the boot or luggage compartment of the licensed vehicle and must give as much assistance with the loading and unloading of this luggage as he can without leaving the immediate proximity of the vehicle. 16. Within 24 hours of finding any property left by a hirer or passenger in the vehicle the licence holder must either return it to the owner if the owner is known or deliver it to a Police Station. SECTION 4 – FARES 17. A taxi must have a taximeter fitted in a position approved by the Licensing Authority and a private hire car may have a taximeter fitted in a position approved by the Licensing Authority. In the case of both categories of licensed vehicles this meter must be :- • of a type approved by the Authority and be appropriate to cover the type of hire (either exclusive or sharing). • must be calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. 42
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• must be in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. • the seals to the taximeter and those fixing the taximeter to the vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly operate the licensed vehicle as a taxi if the taximeter is defective or the seals are broken or detached. • when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. • the licensed vehicle cannot be operated if the size of the wheels or tyres have been altered in a manner which will affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the vehicle cannot be used as a taxi until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. 18. The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. The current scales of fares and charges are available on the North Ayrshire Council website under the heading ‘Licensing’. No other fare can be charged. In cases where a journey begins within North Ayrshire but ends out with its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. 19. Where a single fare is paid by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried this is called an “exclusive hire” A “sharing hire” means that each passenger is carried at a separate fare payable to the licence holder. When a taxi is on exclusive hire the licence holder may not, under any circumstances, pick up or carry another passenger without the consent of the original hirer. The licence holder must drive to the destination of the hirer by the shortest practicable route unless otherwise directed by the hirer. 20. The licence holder may operate a sharing hire subject to the following conditions:- 20.1. Sharing hire may be operated only with the consent of the first hirer or passenger even if the taxi carries a sign approved by the Licensing Authority indicating that the vehicle is available for sharing hire. 43
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20.2. The licence holder does not need to operate on a sharing hire if no sign to that effect is displayed on the taxi at the time of the initial hiring. 20.3. Where a taxi has been hired on a sharing hire the licence holder must take the shortest practicable route which will serve the destinations of the passengers whom he is carrying at any one time. 20.4. The licence holder can refuse to accept a further passenger on the grounds that his intended destination could not be served without an excessive or unreasonable addition to the journey distance of his existing passenger or passenger or that the further passenger’s luggage cannot be accommodated safely within the luggage compartment of the car. 20.5. When operating a sharing hire the licence holder may wait at a stance only for such time as is reasonably required to find out if there are any prospective further passengers (in addition to the existing passenger or passengers) in the immediate vicinity of the stance at that time who wish to participate in the sharing hire of the taxi. If no such further passengers are found there and then, the licence holder must immediately drive his taxi off the stance. SECTION 5 - GENERAL 21. Nothing in this licence authorises or permits the licence holder to breach any term or Condition of the licence issued by the Licensing Authority to the licence holder of the vehicle licence. 22. In addition to the preceding Conditions the licence holder must also comply with the General Conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to and Regulations made in terms of that Act. The Licensing Office for the Licensing Authority of North Ayrshire which processes licence applications, issues licences, to which any notifications which must be given under the Licensing Conditions and to which all enquiries or requests for further information should be made is located at North Ayrshire Council, Licensing Office, 1st Floor, Cunninghame House, Irvine, KA12 8EE. 44
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North Ayrshire Council DRAFT — for approval by Licensing Committee on 29 April 2026 Guidance – Taxi and Private Hire Vehicle Inspections Inspection and failure criteria Pending approval by Licensing Committee on 29 April 2026 Version history Version Date 1.1 21/03/2018 1.2 9/05/2018 1.3 29/04/2026 45
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Contents Introduction ........................................................................................................................... 3 Vehicle inspections for "Taxis" and "Private Hire Cars" ...................................................... 3 The Inspection Process ..................................................................................................... 4 Disputes ............................................................................................................................ 4 After the inspection ............................................................................................................ 4 Inspection Standards ......................................................................................................... 4 Additional Inspection Criteria ................................................................................................. 5 Lights and Electrical system .............................................................................................. 5 Drivers Compartment and Controls ................................................................................... 5 Steering, Drive and Suspension ........................................................................................ 6 Wheels, Tyres and Brakes ................................................................................................. 6 Fuel and Exhaust system .................................................................................................. 7 Vehicle Cleanliness / Appearance / Structure .................................................................... 7 Doors, windows and visibility ............................................................................................. 8 Meter Testing .................................................................................................................... 9 Additional Equipment ......................................................................................................... 9 Road Test .......................................................................................................................... 9 Appendix ............................................................................................................................. 10 Taxi / Private Hire Car Inspection Form ........................................................................... 10 46
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Introduction
North Ayrshire Council is the "Licensing Authority" for North Ayrshire under the Civic
Government (Scotland) Act 1982 and is responsible for licensing:
• vehicles to be used as "Taxis" and "Private Hire Cars"
• their drivers.
The Council is legally prohibited from granting or renewing a licence for a vehicle unless it is
satisfied that the vehicle is suitable in type, size and design for use as a taxi or private hire
car, is safe for that use, and is appropriately insured.
To comply with licensing conditions, operators are required to present their vehicles to North
Ayrshire Council’s Transport Hub for inspection on an annual or six-monthly basis.
The purpose of this document is to provide guidance for the Taxi and Private Hire vehicle
operators within North Ayrshire and to outline the standards expected for the vehicle
inspection. These are carried out by North Ayrshire Council’s Transport Hub at the West
Byrehill Workshop, Kilwinning.
Vehicle inspections for "Taxis" and "Private Hire Cars"
Inspections are required in addition to the M.O.T. test and must take place annually, unless
the vehicle is older than 5 years old, where inspections will be conducted every 6 months.
Vehicles can be booked for annual or six-monthly inspections by contacting the Council’s
Licensing Office on 01294 324305. When booking, the operator will need to produce:
• the DVLA Registration Document ("V5")
• the Insurance cover-note or Policy
• if the vehicle has one, the M.O.T. Certificate (under Road Traffic Act, Section 47, a
"Taxi" needs an annual test after the first year since its First Registration, which is
different from the rule for a "Private Hire Car" where the M.O.T. requirement arises
after the third year).
The Garage Inspection test is required to ensure that licensed vehicles are being maintained
to a high standard and fit for use as "Taxi" or "Private Hire Car" vehicles. It is to a higher
standard than the M.O.T. test.
The test should not be used to identify faults or as a means to bring the vehicle up to the
required standard. Vehicle operators should not presume that, if the vehicle has or can pass
a standard M.O.T. test, that it will pass the Council test, or that if vehicle has an M.O.T.
Certificate but fails the Council test, the Council test has been conducted wrongly.
The vehicle condition required to pass the Taxi and Private Hire Car vehicle inspection is
higher than that of a M.O.T test. The list of standards required is set out below (see "Inspection
Standards"), but the rule of thumb is that any area within a M.O.T. inspection where a "pass
with minor advisory" is awarded will result in a failure. "Pass with Minor Advisory" will alone
cause a "fail" of the Taxi/PHC Section 10(2) inspection. The Licensing Committee on 16 May
2018 remitted to the Solicitor (Licensing) and Corporate Transport Manager to amend further
the detailed wording of the Inspection Standards in light of changes to the MOT Standards.
The inspection will extend beyond assessing the mechanical condition, and will also cover
bodywork condition, cleanliness and suitability to operate as a "Taxi" or "Private Hire Car".
All vehicles will be road-tested to ensure that systems and component parts function properly,
and that the vehicle does not display symptoms indicating serious or otherwise undetected
faults, for example steering and suspension. Taxis will undergo a combined meter and road-
test over a pre-determined route from the Testing Station to the meter markers and return.
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Testers responsible for inspecting vehicles are experienced professionals and are trained as DVSA Nominated Testers. They are required to use their judgement when conducting an inspection to determine the suitability and safety of vehicles inspected. The Inspection Process The Council’s garage has facilities to enable the operator to view the inspection while it is in progress. Operators are encouraged to use these facilities so that, if there is a dispute about a defect, the tester can show it to the operator. Testers will explain defects and advise on the other areas of concern, but any disputes as to the test outcomes and failures should be directed to the Workshop Team Manager in the first instance. Disputes If a dispute is not raised at the time, it is possible that the tester will not be available. If a re- test is booked, the operator would have to pay a further booking fee even if the original test outcome is disputed. A dispute will only be considered if the vehicle remains at the Council’s Transport Hub pending resolution of the dispute. If a vehicle is removed from there and later re-inspected, the Council does not know that the vehicle has not been repaired or altered in the interval. DVSA has no involvement in setting these higher standards, so any challenge to a decision under them will be dealt with by the Authority, not DVSA. After the inspection If the vehicle inspection results in a failure, it is the responsibility of the licence-holder to arrange any remedial work prior to being presented for a re-test. In addition to the annual / six-monthly inspections, spot-checks on vehicle condition may be conducted periodically by an authorised officer of the licensing authority, or by Police, any of whom can remove licence plates and instruct remedial work to be carried out. In such a circumstance, the vehicle must be represented to Transport Hub at West Byrehill, Kilwinning before approval and return of licence plate will be granted. Inspection Standards Taxis and Private Hire Cars will be inspected using both: • the current M.O.T. Inspection Manual – Private Passenger and Light Commercial Vehicle Testing (Class 4); and • the "Additional Inspection Criteria" set out below. 48
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Additional Inspection Criteria Lights and Electrical system Inspection Reason for Failure Check operation of reversing lights Check operation of spot lights (if fitted) Check operation of courtesy lights Lights not working Insecure, cracked lens Insufficient illumination, water penetration or wrong bulb fitted Must operate automatically on opening and closing any passenger door (if fitted) Check battery and terminals Insecure, leaking Corroded terminals Check engine wiring wear Wiring bared or not secure Signs of chafing Drivers Compartment and Controls Inspection Reason for Failure Check driver compartment is clean and in good condition Dirty / Dusty Contains any rubbish Contains any items likely to interfere with the proper control of the vehicle Check condition and security of driver’s seat & passenger seats Seat insecure or structurally weakened Padding or covering is seriously deteriorated Seat belts must be operational and in good condition (not structurally weakened) Check seat adjustment mechanism Insecure, ineffective Check steering wheel and drivers controls Controls inoperative, ineffective, insecure Damage to steering wheel Movement between shaft and steering wheel Excessive radial movement at top of steering wheel Excessive steering shaft end float Check Horn Sound emitted not loud enough to be heard by another road user or pedestrian Check Speedometer operation Not working Clearly registering incorrectly Check the operation of heater and demist fan Heater doesn’t emit heat Ventilation not supplying adequate airflow to windscreen or car interior Insecure vents Operation of fuel and temperature gauges Both gauges must work Check driver identification badge holder Council-approved badge holder not fitted to the nearside of the windscreen 49
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Inspection Reason for Failure Badge not present in the holder Badge not legible Holder positioned so as to obstruct the driver’s view Holder not securely fixed Steering, Drive and Suspension Inspection Reason for Failure Steering assembly for damage Any sign of damage is unacceptable Steering assembly for wear and leaks Steering must be positive and free from wear and leaks Clutch slip / drag / judder (or kick down and change speed operation on automatic) Must perform to manufacturers guidelines Propshaft / driveshafts and gaiters for security. Signs of wear and leaks Excessive play or leak unacceptable Gaiters insecure or deteriorated to excess Gearbox operation. All gears must work / engage All gears must be easily selected Gear stick must be secure Transmission / axle noise Excessive noise unacceptable Wheels, Tyres and Brakes Inspection Reason for Failure Check tyre type / size Incorrect type or size (as per manufacturer’s standard specification) Check tyre condition Tread depth is less than 2.00 mm across 75% of the centre width of the tyre For the other 25% of the width, the tread must be visible (unless it is a tyre defined as a raised tread shoulder). Check wheels Wheels different from manufacturer’s specification Any obvious damage to wheel or rim Condition of spare wheel Damaged and unsatisfactory for road use Space Saver tyres Slim / space saver type tyre must be to manufacturer’s specification Tyre inflation devices Spare tyre may be replaced by an approved specified inflation system Wheel trims All wheel trims must match. Fail if damaged or missing Condition of tools (if fitted) Must carry manufacturers wheel brace (or acceptable alternative) and jack or B.S. alternative. (Jack and wheel brace not required if the vehicle is not fitted with a spare wheel) 50
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Fuel and Exhaust system Inspection Reason for Failure Check fuel tanks Not original manufacturers equipment Leaking or insecure Tank condition, free of excessive corrosion Check (all visible) fuel system components Overflowing, leaking Fuel accumulating in / on any fitting or receptacle Check exhaust system Insecure, leaking / "blowing", excessive corrosion Not standard specification Smoke emission Failure to meet specified standards per vehicle type Vehicle Cleanliness / Appearance / Structure Inspection Reason for Failure Check bodywork security / condition Bodywork damage Bodywork extensively corroded Check paint finish Different colours / shades Not to a uniform finish Surface deficiencies i.e. paint runs, peeling Scratched to the metal Broken paint surface Check external cleanliness Dirty / Dusty exterior Check vehicle underside Not free from road dirt (weather conditions will be taken under consideration) Excess grease or oil Check engine compartment Dirty, greasy, oily Insecure components Any leaks Check passenger compartment is clean and in good condition Dirty / Dusty Contains any rubbish Check interior upholstery for security, cleanliness and condition Upholstery, trim or headlining is dirty, missing, insecure, torn or in such a condition as to soil clothing or adversely affect passenger comfort Ramps and steps for disabled access Incorrectly / unsafely stowed, insecure, not in good condition, unstable Check roof mounted "Taxi" sign (does not apply to Private Hire vehicles) Absent Insecure Fails to illuminate Lettering missing / illegible Check front and rear "Taxi" plate (rear only for Private Hire vehicles) Not displayed Different 51
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Inspection Reason for Failure Not secure Taxi / P.H. stickers incorrectly positioned Check advertising on licensed vehicle (Taxi / Wheelchair Accessible Taxi) advertising displayed on the front grille or front bumper or roof of the vehicle (Taxi / Wheelchair Accessible Taxi) advertising obscuring the roof sign, plates or window notices (Taxi / Wheelchair Accessible Taxi) advertising on any window beyond the 10 percent window obstruction allowance (Taxi / Wheelchair Accessible Taxi) advertising content which the Licensing Authority has notified the licence holder in writing as requiring removal remains displayed on the vehicle (Private Hire Car) any advertising or sign other than those approved by the Licensing Authority for the purpose of identifying the vehicle as a Private Hire Car Doors, windows and visibility Inspection Reason for Failure Check operation of door opening mechanisms Inoperative, defective Door seals damaged / missing Condition of front and rear wiper blades Must effectively clear screen Must operate on all settings Check windows (including view to front and rear) Not made of safety glass Crack, scratch or surface damage which impairs the driver’s vision to the front and rear Window-tinting (all windows, including the rear and side windows) Any degree of tinting is a reason for failure, except where pre-installed by the vehicle’s manufacturer Window obstruction All windows (including side windows) must be completely unobstructed except that each window can have one or more notices which both: – are ‘permitted signs’ (see below); and – cover in total no more than 10% of the area of the window. A ‘permitted sign’ is one which shows any one or more of these things: – that the vehicle is a Taxi or Private Hire Car; – in the case of a Taxi or Wheelchair Accessible Taxi, the name, telephone number, website or email of the taxi business; – that the vehicle is available for use by disabled passengers; – the name of the manufacturer or seller of the vehicle; – any sign approved by the Licensing Authority for the purpose of identifying the vehicle as a Private Hire Car; 52
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Inspection Reason for Failure or which is legally required. ‘Obstruction’ includes a see-through transfer. In the case of a Taxi or Wheelchair Accessible Taxi, advertising displayed within the 10% allowance and otherwise permitted by the licence conditions is also acceptable, unless the Licensing Authority has notified the licence holder in writing that the advertising requires to be removed. Meter Testing Inspection Reason for Failure Check Taximeter (where fitted), lights, seal and calibration Incorrect specification Missing or broken seal Failure to illuminate Fails road test Defective Additional Equipment (Note: The former "Approved and Non-Approved additional extras" section has been retitled following the April 2026 amendments. The requirement to carry a fire extinguisher has been removed from the relevant vehicle licence conditions and from this Guidance. Licence holders who wish to continue carrying an extinguisher voluntarily may do so; it is no longer a matter for inspection.) Inspection Reason for Failure Estate type vehicles only Dog guard type device not fitted Road Test Inspection Reason for Failure Steering Vehicle veers, pulls or steers to left or right when travelling on the straight Suspension The vehicle rolls uncontrollably when driven Shock absorbers don’t function properly Noise is experienced indicating a serious or otherwise undetected system defect Brakes The vehicle veers or pulls to the left or right whilst stopping Vibration or noise is experienced indicating serious or otherwise undetected system fault Road Wheels Vehicle judders or vibration or noises experienced indicating serious or otherwise undetected defects 53
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Appendix Taxi / Private Hire Car Inspection Form Registration No Vehicle Make / Model Mileage Chassis No. Plate No. Meter Make Engine Capacity (CC or BHP) Condition Security Malfunction Lighting and Ancillary Equipment Pass Fail Comments 1. Front & Rear Lamps (including Fog) 2. Head Lamps & Head Lamp Aim 3. Panel Lights, Warning Lights, Switches, Interior Lights 4. Stop Lights / Reverse Lights 5. Hazard Warning and Direction Indicators 6. Rear Reflectors 7. Battery Wiring Engine Compartment Components 8. Passenger Door Safety Lights 9. Taxi Sign (for hire) Light, Wiring 10. Meter Lights Seals Calibration 11. Windscreen (driver’s view of road) 12. Windscreen (cracks / scratches) 54
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13. Windscreen wipers and washers (F/R) 14. Horn 15. Speedometer Operation Condition Security Malfunction Steering and Suspension 16. Steering Wheel 17. Steering Mechanism System Turning Circle 18. Power Steering Operation and Leaks 19. Transmission Shafts 20. Wheel Bearings 21. Front Suspension 22. Rear Suspension 23. Shock Absorbers (F/R) 24. Wheel Alignment Condition Security Malfunction Brakes 25. Controls Foot Pedal / Hand Brake 26. Service Brake System 27. Parking Brake System 28. Hand Brake Pan / Ratchet 29. Brake Pipes Condition Security Malfunction Fuel System 30. All Visible Fuel System Components Condition Security Tyres and Road Wheels and Trims 31. Tyre Type 32. Tyre Size 33. Tyre Condition / TPMS system 34. Road Wheels and Nut Wheels Trim 55
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Condition Security Malfunction General 35. Vehicle Structure (Chassis Cross Engine Mountings Gear Box) 36. Exhaust System 37. Oil Leaks Eng. – G/Box R/Axle 38. Vehicle Interior Seats / Floor Mats etc. 39. Wheelchair Equipment / Ramps / Steps 40. Seat Belts and Fixings 41. Door Hinges, Weather- Strips, Windows, Locks, CH, Straps, Pillars 42. Interior and External Mirrors 43. Registration Plates and Bumpers 44. Vehicle Paintwork Body Panels 45. Smoke Emission Petrol / Diesel 46. Clutch Pedal Clutch Operation 47. Non-Approved Additional Extras 48. Is Vehicle Displaying Scale of Fares and Charges Inside (not applicable to Private Hire Cars in which no taximeter is fitted) 49. Vehicle Displaying Door Lock Safety Signs 50. Reg. No. of Taxi Displayed Inside Passenger Compartment 51. Advertising Compliant with Licence Conditions (or, for a Private Hire Car, no advertising displayed) 56
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52. Driver Identification Badge Holder fitted and compliant INSPECTOR NAME DATE PASS / FAIL INSPECTOR SIGNATURE Yellow – Transport Services Copy; White – Customer Copy; Pink – Transport Garage Copy 57
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Vehicle Inspection Guidance – Proposed Amendments
(April 2026)
This document sets out, in tracked-changes form, the proposed amendments to the Council’s
Vehicle Inspection Guidance ("Guidance – Taxi and Private Hire Vehicle Inspections", Version
1.2, approved by the Licensing Committee on 16 May 2018) which would follow from the
proposed revisions to the Taxi, Wheelchair Accessible Taxi, Private Hire Car and Taxi Driver
licensing conditions appended to this Report. The full Guidance is otherwise unaltered.
References below are to the section headings and tables of the existing Guidance.
1. Section: "Approved and Non-Approved additional extras" – Fire
Extinguishers
The existing failure criteria for fire extinguishers are removed in their entirety, consistent with
the removal of the requirement to carry a fire extinguisher from the relevant vehicle licence
conditions and the related inspection criteria.2. Appendix – Inspection Form, item 47
Item 47 of the inspection form ("Fire Extinguisher BS. No.") is removed for the same reason.
The remaining items are renumbered consecutively.
3. Section: "Vehicle Cleanliness/Appearance/Structure" – Advertising
Compliance
A new failure criterion is inserted, consistent with the revised approach to advertising in the
Taxi and Wheelchair Accessible Taxi licence conditions and the retained prohibition on
advertising in the Private Hire Car licence conditions.
Check advertising on licensed vehicle — Reasons for failure: (Taxi / Wheelchair Accessible
Taxi) advertising displayed on the front grille or front bumper or roof of the vehicle; advertising
obscuring the roof sign, plates or window notices; advertising on any window beyond the 10
percent window obstruction allowance; advertising content which the Licensing Authority has
notified the licence holder in writing as requiring removal remains displayed on the vehicle.
(Private Hire Car) any advertising or sign other than those approved by the Licensing Authority
for the purpose of identifying the vehicle as a Private Hire Car.
4. Appendix – Inspection Form, new item
New item to be added: " Advertising compliant with Licence Conditions (or, in the case of a
Private Hire Car, no advertising displayed)".
5. Appendix – Inspection Form, item 49
Item 49 of the inspection form currently reads "Is Vehicle Displaying Scale of Charges Inside".
This item is retained, with its inspection criterion clarified to ensure consistent enforcement at
inspection.
Item 49 (clarification): "Current scales of fares and charges (as fixed by the Licensing
Authority) are displayed prominently within the licensed vehicle in a position where they can
be clearly seen by passengers, save that in the case of a Private Hire Car in which no taximeter
is fitted, this item does not apply and shall be marked as not applicable." Failure: not displayed;
out-of-date scales displayed; obscured or illegible (Private Hire Cars without a fitted taximeter:
not applicable).
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6. Section: "Drivers Compartment and Controls" – Driver Identification Badge Holder A new failure criterion is inserted, consistent with the revised approach to driver identification badges in the Taxi, Wheelchair Accessible Taxi, Private Hire Car and Taxi Driver licence conditions. Check driver identification badge holder — Reasons for failure: Council-approved badge holder not fitted to the nearside of the windscreen; badge not present in the holder; badge not legible; holder positioned so as to obstruct the driver’s view; holder not securely fixed. 7. Implementation If approved, these amendments will take effect at the next annual or six-monthly inspection following the date of decision. Vehicles presented for inspection prior to that date will be inspected under the existing Guidance. The Council’s Transport Hub at West Byrehill, Kilwinning will be notified of the updated Guidance in advance of its taking effect. 59
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Taxi Licence conditions 60
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Introduction This licence is granted subject to the following 17 Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which can result in the licence being revoked or suspended and will also aƯect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal oƯence if the licence holder does breach a Condition. Condition 1 In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). Condition 2 The taxi must have a valid Certificate of Insurance which complies with the Conditions of the Road TraƯic Acts as amended and any Regulations made thereunder, which Certificate must be in the name of the licence holder and cover the licensed vehicle operating as a taxi. There must also be a current MOT Certificate (if required) for the licensed vehicle. The Insurance Certificate, the Certificate of Roadworthiness and the MOT Certificate must be presented to the Licensing Authority when the licence is renewed, at the annual re-inspection and should also be presented when the Certificates are renewed if this does not happen at the time of an inspection or renewal. In addition, these Certificates must be presented to the Licensing Authority and its Authorised OƯicers at any time the licence holder is asked to submit them. Condition 3 The licensed vehicle must have a taximeter fitted in a position approved by the Licensing Authority. This meter must be. of a type approved by the Authority and be appropriate to cover the type of hire (either exclusive or sharing). must be calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. must be in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. the seals to the taximeter and those fixing the taximeter to the licensed vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly permit the licensed vehicle to trade as a taxi if the taximeter is defective or the seals are broken or detached. 61
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when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing OƯice. the size of the wheels or tyres of the licensed vehicle can only be altered if this will not aƯect the calibration of the taximeter. if the taximeter develops a fault or any of the seals are broken or come oƯ then the licensed vehicle cannot be used as a taxi until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. Condition 4 A copy of the current scales of fares and charges must be clearly displayed in the passenger compartment where it can be read by the passengers. The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. No other fare can be charged. In cases where a journey begins within North Ayrshire but ends out with its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. Condition 5 If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog, or an assistance dog of that person or by a person who wishes to be accompanied by such a person the licence holder must carry the disabled person's dog and allow it to remain with the disabled person and not make any additional charge for doing so. If the licence holder has been granted exemption from this Condition, then the notice of exemption must be fixed in a prominent position in the vehicle. Condition 6 No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. Condition 7 As a part of this licence the Licensing Authority has issued plates and window notices which detail the Licence Number and other information of the licensed vehicle. The larger plate must be secured to the rear bodywork and the smaller plate to the front bodywork of the licensed vehicle in a position where they can be clearly seen and read. 62
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The method of fixing the plates must be permanent and the decision of the Licensing Authority as to whether a plate is adequately fixed will be final. If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a taxi until a replacement plate, supplied by the Licensing Authority, has been securely fixed to the appropriate section of the bodywork of the vehicle. The window notices must be placed in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. The plates and window notices are issued for this licensed vehicle and must not be transferred to any other vehicle. Condition 8 The licensed vehicle must be fitted with a sign fixed to its roof showing that it is licensed to operate as a taxi. The Licensing Authority must approve the type of sign to be used. (If the taxi is available for sharing hire a sign to show that it is available for that purpose must be displayed. The Licensing Authority must also approve this type of sign and its position on the vehicle). No other signs or advertisements advertising its services as a taxi can be displayed on the vehicle. Subject to the approval of the Licensing Authority with regard to content, the licence holder is permitted to advertise on the sides but not on the front, rear or roof of the vehicle. Condition 9 As part of the procedure for the issuing of this licence this vehicle has undergone a vehicle inspection and received a Pass Certificate from the representative of a body appointed by the Licensing Authority to carry out these inspections. The licensed vehicle must pass vehicle inspections twelve months and twenty-four months after this licence has been granted. The Licensing Authority may require the vehicle to be tested on more than those two occasions if it considers it appropriate in the circumstances and the licensed vehicle must be presented for all such inspections and receive a Pass Certificate. In addition, the licence holder must comply with any request made by a Police Constable or an Authorised OƯicer of the Licensing Authority that the vehicle be inspected. The licensed vehicle is not permitted to operate as a taxi if it fails to receive a Pass Certificate at any inspection. Condition 10 The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle nor allow the vehicle to be used if its condition contravenes the Road TraƯic Acts and any Regulations made under those Acts. Condition 11 The licensed vehicle must have, fitted in a suitable holder, a fire extinguisher which is immediately accessible to the vehicle driver. The licence holder must keep the extinguisher in working order which includes having it serviced to the standard set by 63
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the manufacturer or supplier. The fire extinguisher, its holder and its position within the licensed vehicle are subject to the approval of the Licensing Authority. Condition 12 If the licensed vehicle is involved in an accident the licence holder must report this to the Licensing Authority within 48 hours of the accident occurring. The report by the licence holder must include details of the damage sustained in the accident and the vehicle may not be used as a taxi until the necessary repairs have been carried out and the Licensing Authority has confirmed that it can now be used as a taxi. When the vehicle is inspected by the Licensing Authority the licence holder must detail the repair works which have been carried out to the vehicle. Similarly, if the licensed vehicle is modified or altered the licence holder must advise the Licensing Authority of that within the 48-hour period and comply with the same requirements as would be necessary following an accident to the vehicle. Condition 13 The licence holder must ensure that, when the vehicle is operating as a taxi, the driver. holds a current taxi driver’s licence issued by North Ayrshire Council under the Civic Government (Scotland) Act 1982 displays the driver’s licence badge from North Ayrshire Council on his/her person is clean and tidy in appearance conducts himself/herself in a proper and civil manner The licence holder must also keep a record of the names, addresses and Taxi Driver’s Licence numbers of every taxi driver employed to drive this licensed vehicle. If a Police OƯicer or an OƯicer authorised by the Licensing Authority, ask to see that list the licence holder must supply it to them immediately. 64
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Condition 14 The licence holder must notify the Licensing Authority in writing within seven days of being convicted of any oƯence by any Court and the notification by the licence holder must include the nature of the oƯence, the date of the conviction, the Court which dealt with the oƯence and the penalty which was imposed by that Court. This applies to any oƯence and is not restricted to oƯences arising from the operation of the licensed vehicle. receiving a fixed penalty from the Police for a traƯic oƯence. The notification must include the date of the oƯence, the type of fixed penalty oƯered and accepted and the number of points, if any, endorsed. This requirement also applies to any oƯence irrespective of whether the licensed vehicle was involved. any change in circumstances. Any substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name. This also covers medical conditions which aƯect the ability to drive. Condition 15 If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence, this licence, together with the plate, must be delivered to the Licensing Authority OƯice within seven days of being surrendered, revoked, or suspended. Condition 16 In addition to Conditions 1 to 15 the licence holder must also comply with the general conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to and Regulations made in terms of that Act. 65
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Condition 17 In these Conditions certain words have the following meaning:- “exclusive” where it relates to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried “sharing” where it relates to the hire of a taxi, means that each passenger is carried at a separate fare payable to the driver “vehicle” means a motor vehicle which meets with the specification laid down by the Licensing Authority “Licensing OƯice” is the designated oƯice for the processing of licences for the Licensing Authority of North Ayrshire and is located at North Ayrshire Council, Licensing OƯice, Cunninghame House, Irvine KA12 8EE. 66
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Private Hire Car Licence Conditions 67
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Introduction This licence is granted subject to the following 18 Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which can result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if the licence holder does Breach a Condition of the licence. Condition 1 The licence holder is specifically prohibited from canvassing or seeking to obtain a hire in any public place. Condition 2 In counting this maximum number special allowance is made for children. If there is a child under age two then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged one, five and seven then this counts as two for the maximum number of passengers). Condition 3 The private hire car must have a valid Certificate of Insurance which complies with the conditions of the Road Traffic Act as amended and any Regulations made thereunder which Certificate must be in the name of the licence holder and cover the licensed vehicle operating as a private hire car. There must also be a Current Certificate of Roadworthiness or MOT Certificate for the licensed vehicle. The Insurance cover, the Certificate of Roadworthiness and the MOT Certificate must be presented to the Licensing Authority when the licence is renewed, at the annual reinspection and should also be presented when the Certificates are renewed if this does not happen at the time of an inspection or renewal. In addition, these Certificates must be presented to the Licensing Authority and its Authorised Officers at any time the licence holder is asked to submit them. Condition 4 The licensed vehicle may have a taximeter fitted in a position approved by the Licensing Authority. If a meter is fitted it must be • of a type approved by the authority and be appropriate to cover the type of hire (either exclusive or sharing). • must be calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. • must be in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. 68
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• the seals to the taximeter and those fixing the taximeter to the licensed vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly permit the licensed vehicle to trade as a private hire car if the taximeter is defective or the seals are broken or detached. • when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. • the size of the wheels or tyres of the licensed vehicle can only be altered if this will not affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the licensed vehicle cannot be used as a private hire car until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. Condition 5 If the private hire car is fitted with a taximeter, then a copy of the current scales of fares and charges must be clearly displayed in the passenger compartment where it can be read by the passengers. The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. No other fare can be charged. In cases where a journey begins within North Ayrshire but ends out with its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. Condition 6 If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person or by a person who wishes to be accompanied by such a person, the licence holder must carry the disabled person’s dog and allow it to remain with the disabled person and not make any additional charge for doing so. If the licence holder has been granted exemption from this Condition, then the notice of exemption must be fixed in a prominent position in the vehicle. Condition 7 No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. 69
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Condition 8 As a part of this licence the Licensing Authority has issued plates and window notices which detail the Licence Number and other information of the licensed vehicle. The larger plate must be secured to the rear bodywork and the smaller plate to the front bodywork of the licensed vehicle in a position where they can be clearly seen and read. The method of fixing the plates must be permanent and the decision of the Licensing Authority as to whether a plate is adequately fixed will be final. If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a private hire until a replacement plate, supplied by the Licensing Authority, has been securely fixed to the rear bodywork of the vehicle. The window notices must be placed in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. The plates and window notices are issued for this licensed vehicle, and it must not be transferred to any other vehicle. Condition 9 The private hire car must not be fitted with any sign except those approved by the Licensing Authority for the purpose of identifying it as a vehicle licensed to operate as a private hire vehicle, and no other signs or advertisements may be displayed on the vehicle which, for the avoidance of doubts includes the windows. Condition 10 As part of the procedure for the issuing of this licence this vehicle has undergone a vehicle inspection and received a Pass Certificate from the representative of a body appointed by the Licensing Authority to carry out these inspections. The licensed vehicle must pass vehicle inspections 12 months and 24 months after this licence has been granted. The Licensing Authority may require the vehicle to be tested on more than those two occasions if it considers it appropriate in the circumstances and the licensed vehicle must be presented for all such inspections and receive a Pass Certificate. In addition, the licence holder must comply with any request made by a Police Constable or an Authorised Officer of the Licensing Authority that the vehicle be inspected. The licensed vehicle is not permitted to operate as a private hire car if it fails to receive a Pass Certificate at any inspection. Condition 11 The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle nor allow the vehicle to be used if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. Condition 12 The licensed vehicle must have fitted in a suitable holder a fire extinguisher which is immediately accessible to the vehicle driver. The licence holder must keep the extinguisher in working order which includes having it serviced to the standard set by 70
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the manufacturer or supplier. The fire extinguisher, its holder and its position within the licensed vehicle are subject to the approval of the Licensing Authority. Condition 13 If the licensed vehicle is involved in an accident the licence holder must report this to the Licensing Authority within 48 hours of the accident occurring. The report by the licence holder must include details of the damage sustained in the accident. The vehicle may not be used as a private hire car until the necessary repairs have been carried out and the Licensing Authority has confirmed that it can now be used as a private hire car. When the vehicle is inspected by the Licensing Authority the licence holder must detail the repair works which have been carried out to the vehicle. Similarly, if the licensed vehicle is modified or altered the licence holder must advise the Licensing Authority of that within the 48-hour period and comply with the same requirements as would be necessary following an accident to the vehicle. Condition 14 The licence holder must ensure that, when the vehicle is operating as a private hire car, the driver. • holds a current Private Hire Car Driver’s Licence or a Taxi Driver’s Licence issued by North Ayrshire Council under the Civic Government (Scotland) Act 1982. • displays the driver’s licence badge from North Ayrshire Council on his/her person. • is clean and tidy in appearance. • conducts himself/herself in a proper and civil manner. The licence holder must also keep a record of the names, addresses and Private Hire Car Driver’s Licence number or Taxi Driver’s Licence number of every driver employed to drive this licensed vehicle. If a Police Officer or an Officer authorised by the Licensing Authority, ask to see that list the licence holder must supply it to them immediately. Condition 15 The licence holder must notify the Licensing Authority in writing within seven days of • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle. • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved. 71
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• any change in circumstances. Any substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name. This also covers medical conditions which affect the ability to drive. Condition 16 If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence this licence, together with the plate, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. Condition 17 In addition to Conditions 1 to 15 the licence holder must also comply with the general conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to any Regulations made in terms of that Act. Condition 18 In these Conditions certain words have the following meaning: • “exclusive” where it relates to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried. • “sharing” where it relates to the hire of a taxi, means that each passenger is carried at a separate fare payable to the driver. • “vehicle” means a motor vehicle which meets with the specification laid down by the Licensing Authority. • “Licensing Office” is the designated office for the processing of licences for the Licensing Authority of North Ayrshire and is located at North Ayrshire Council, Licensing Office, Cunninghame House, Irvine. 72
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Taxi Licence (Wheelchair) Licence Conditions 73
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Introduction This licence is granted subject to the following 19 conditions. If the licenceholder does not keep to these conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which can result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. In terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if the licence holder does breach a Condition. Condition 1 The vehicle licensed in terms of this licence is subject to an amended vehicle specification. In addition to the requirements set out in the vehicle specification of the Licensing Authority this vehicle also requires meeting the specification that it has been designed, or adapted, to carry passengers in wheelchairs and to secure the safe carriage of non-ambulatory passengers. Any vehicle substituted for the original vehicle requires to meet this specification. Condition 2 In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). Condition 3 The taxi must have a valid Certificate of Insurance which complies with the Conditions of the Road Traffic Acts as amended and any Regulations made thereunder, which Certificate must be in the name of the licence holder and cover the licensed vehicle operating as a taxi. There must also be a current Certificate of Roadworthiness or MOT Certificate for the licensed vehicle. The Insurance Certificate, the Certificate of Roadworthiness and the MOT Certificate must be presented to the Licensing Authority when the licence is renewed, at the annual reinspection and should also be presented when the Certificates are renewed if this does not happen at the time of an inspection or renewal. In addition, these Certificates must be presented to the Licensing Authority and its Authorised Officers at any time the licence holder is asked to submit them. 74
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Condition 4 The licensed vehicle must have a taximeter fitted in a position approved by the Licensing Authority. This meter must be. • of a type approved by the Authority and be appropriate to cover the type of hire (either exclusive or sharing). • must be calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. • must be in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. • the seals to the taximeter and those fixing the taximeter to the licensed vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly permit the licensed vehicle to trade as a taxi if the taximeter is defective or the seals are broken or detached. • when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. • the size of the wheels or tyres of the licensed vehicle can only be altered if this will not affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the licensed vehicle cannot be used as a taxi until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. Condition 5 A copy of the current scales of fares and charges must be clearly displayed in the passenger compartment where it can be read by the passengers. The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. No other fare can be charged. In cases where a journey begins within North Ayrshire but ends out with its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. 75
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Condition 6 If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog, or an assistance dog of that person or by a person who wishes to be accompanied by such a person the licence holder must carry the disabled person's dog and allow it to remain with the disabled person and not make any additional charge for doing so. If the licence holder has been granted exemption from this Condition, then the notice of exemption must be fixed in a prominent position in the vehicle. Condition 7 The vehicle specification in respect of this vehicle requires that it can carry a passenger who uses a wheelchair. In respect of such passengers the licence holder is obliged to adhere to and to ensure that any driver operating the vehicle on behalf of the licence holder adheres to the Code of Practice relating to such passengers as drawn up by the Licensing Authority. A copy of this Code of Practice is annexed to and forms part of this licence. This Code of Practice must be carried in the licensed vehicle at all times and be visible to passengers. Condition 8 No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. Condition 9 As a part of this licence the Licensing Authority has issued plates and window notices which detail the Licence Number and other information of the licensed vehicle. The larger plate must be secured to the rear bodywork and the smaller plate to the front bodywork of the licensed vehicle in a position where they can be clearly seen and read. The method of fixing the plates must be permanent and the decision of the Licensing Authority as to whether a plate is adequately fixed will be final. If one or both of the plates is lost or if it cannot be read, the licensed vehicle cannot operate as a taxi until a replacement plate, supplied by the Licensing Authority, has been securely fixed to the appropriate section of the bodywork of the vehicle. The window notices must be placed in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. The plates and window notices are issued for this licensed vehicle and must not be transferred to any other vehicle. 76
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Condition 10 The licensed vehicle must be fitted with a sign fixed to its roof showing that it is licensed to operate as a taxi. The licensing authority must approve the type of sign to be used. (If the taxi is available for sharing hire a sign to show that it is available for that purpose must be displayed. The Licensing Authority must also approve this type of sign and its position on the vehicle). No other signs or advertisements advertising its services as a taxi can be displayed on the vehicle. Subject to the approval of the Licensing Authority with regard to content, the licence holder is permitted to advertise on the sides but not on the front, rear or roof of the vehicle. Condition 11 As part of the procedure for the issuing of this licence this vehicle has undergone a vehicle inspection and received a Pass Certificate from a body appointed by the Licensing Authority to carry out these inspections. The licensed vehicle must pass vehicle inspections twelve months and twenty-four months after this licence has been granted. The Licensing Authority may require the vehicle to be tested on more than those two occasions if it considers it appropriate in the circumstances and the licensed vehicle must be presented for all such inspections and receive a Pass Certificate. In addition, the licence holder must comply with any request made by a Police Constable or an Authorised Officer of the Licensing Authority that the vehicle be inspected. The licensed vehicle is not permitted to operate as a taxi if it fails to receive a Pass Certificate at any inspection. Condition 12 The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle nor allow the vehicle to be used if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. Condition 13 The licensed vehicle must have, fitted in a suitable holder, a fire extinguisher which is immediately accessible to the vehicle driver. The licence holder must keep the extinguisher in working order which includes having it serviced to the standard set by the manufacturer or supplier. The fire extinguisher, its holder and its position within the licensed vehicle are subject to the approval of the Licensing Authority. Condition 14 If the licensed vehicle is involved in an accident the licence holder must report this to the Licensing Authority within 48 hours of the accident occurring. The report by the licence holder must include details of the damage sustained in the accident and the vehicle may not be used as a taxi until the necessary repairs have been carried out and the Licensing Authority has confirmed that it can now be used as a taxi. When the 77
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vehicle is inspected by the Licensing Authority the licence holder must detail the repair works which have been carried out to the vehicle. Similarly, if the licensed vehicle is modified or altered the licence holder must advise the Licensing Authority of that within the 48-hour period and comply with the same requirements as would be necessary following an accident to the vehicle. Condition 15 The licence holder must ensure that, when the vehicle is operating as a taxi, the driver. • holds a current Taxi Driver’s Licence issued by North Ayrshire Council under the Civic Government (Scotland) Act 1982. • displays the driver’s licence badge from North Ayrshire Council on his/her person. • is clean and tidy in appearance. • conducts himself/herself in a proper and civil manner. has been fully trained in the procedures in respect of the carriage of passengers who use wheelchairs and is competent to carry out these in accordance with the Code of Practice referred to in Condition 7. The licence holder must also keep a record of the names, addresses and Taxi Driver’s Licence numbers of every taxi driver employed to drive this licensed vehicle. If a Police Officer or an Officer authorised by the Licensing Authority, ask to see that list the licence holder must supply it to them immediately. Condition 16 The licence holder must notify the Licensing Authority in writing within seven days of • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle. • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved. • any change in circumstances. Any substantial change in circumstances since the application for this licence was made, which includes any change of address or a change in the trading name. This also covers medical conditions which affect the ability to drive. 78
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Condition 17 If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence, this licence, together with the plate, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. Condition 18 In addition to Conditions 1 to 17 the licence holder must also comply with the general conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to and Regulations made in terms of that Act. Condition 19 In these Conditions certain words have the following meaning:- • “exclusive” where it relates to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried. • “sharing” where it relates to the hire of a taxi, means that each passenger is carried at a separate fare payable to the driver. • “vehicle” means a motor vehicle which meets with the specification laid down by the Licensing Authority as amended in terms of Condition 1 of this licence. • “Licensing Office” is the designated office for the processing of licences for the Licensing Authority of North Ayrshire and is located at North Ayrshire Council, Licensing Office, Cunninghame House, Irvine. 79
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Taxi Driver Licence conditions This licence is granted subject to the following twenty-three Conditions. If the licence holder does not keep to these Conditions, then he/she may be asked to appear before the Licensing Committee of North Ayrshire Council for a Hearing which may result in the licence being revoked or suspended and will also affect the chance of the licence being renewed. It terms of the Civic Government (Scotland) Act 1982 it may be a criminal offence if you do breach these Conditions. Section 1 The licence holder 1. At all times when the licence holder is operating a licensed vehicle which is available for hire, plying for hire, or engaged on hire he/she must wear in a conspicuous position, with the details legible and visible, the badge issued by the Licensing Authority showing that he/she is the holder of a Taxi Driver’s Licence. If requested to do so by a Police Constable, an Officer of the Licensing Authority, a hirer or passenger, the licence holder shall permit that person to inspect the badge and take a note of the details specified on the badge. 2. At all times when the licence holder is operating a licensed vehicle which is available for hire, plying for hire or engaged on hire he/she must have in their possession this licence which shall at all times be kept in a clean and legible condition. If requested to do so by a Police Constable, an Officer of the Licensing Authority, a hirer or passenger, the licence holder must show this licence to that person. 3. No smoking is permitted in the licensed vehicle. This prohibition relates to both passengers and drivers and applies in the vehicle at all times irrespective of whether or not it is on hire. (“smoking includes the use of E-Cigarettes and other vaporising devices”). 4. Taxi Driver – Standards of Dress Revised August 2024 When the vehicle is operating as a Taxi or Private Hire Car, the Licence holder must conduct themselves in a proper and civil manner and be clean and tidy in appearance. Licence holders must, when operating the licensed vehicle, conform to the following ‘Standards of Dress’ a) For identification purposes, the Licence holder must not wear a hat, cap, baseball style cap, beanie hat or any other head wear while driving the vehicle when under hire or plying for hire. b) Trousers must be full length dress style with belt hoops and skirts must be of plain dark colours and not highly patterned. 80
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c) Black coloured jeans are permitted. d) Jogging trousers, tracksuit and cargo trousers are not acceptable. e) Polo shirts must be one colour and have a collar with no printing or lettering except a small manufacturer’s logo. It is acceptable for a company name or logo on the shirt. T-shirts with a round neckline, football attire or club colours are not acceptable. f) Dress shorts, and chino style shorts may be worn at any time of the year provided they have belt hoops and are one colour. Three quarter length shorts and cargo style shorts are not permitted. Highly patterned or advertising printing are not acceptable. There may be a small manufacturer’s logo. Gym or beach shorts are not permitted. g) Any tie should be a clip-on style for the driver’s own personal safety. h) Jumpers either crew or V neck are permitted provided they are not highly patterned and may have a small manufacturer’s logo, or taxi firm or association details. Hoodies are not permitted. i) Footwear may be either shoes or training shoes. Sandals and flip flops/sliders are not appropriate and hiking boots are not acceptable. Departure from any of these requirements is permitted only where a particular type of clothing is required by the traditional and customary practices of the Licence holder’s religion. Where the Licence holder is told by an officer of the Licensing Authority that, in the officer's opinion, the Licence holder’s clothing is not consistent with this Condition (including the 'Dress Code'), the Licence holder shall cease operating under the Licence and shall not resume unless they have changed to clothing which meets the Licence Condition. 5. The licence holder must notify the Licensing Authority in writing within seven days of • being convicted of any offence by any Court and the notification by the licence holder must include the nature of the offence, the date of the conviction, the Court which dealt with the offence and the penalty which was imposed by that Court. This applies to any offence and is not restricted to offences arising from the operation of the licensed vehicle. • receiving a fixed penalty from the Police for a traffic offence. The notification must include the date of the offence, the type of fixed penalty offered and accepted and the number of points, if any, endorsed. This requirement also applies to any offence irrespective of whether the licensed vehicle was involved. 81
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• any change in circumstances. Any substantial change in circumstances since the application for this licence was made, which includes any change of address. This also covers medical conditions which affect the ability to drive. 6. If the licence holder surrenders the licence or the Licensing Authority revokes or suspends the licence this licence, together with the badge, must be delivered to the Licensing Authority Office within seven days of being surrendered, revoked, or suspended. 7. When the licensed vehicle in the charge of the licence holder is available for hire or plying for hire, licence holder shall either sit in the driver’s seat or stand in the immediate proximity of the vehicle. When the licensed vehicle is hired the licence holder shall occupy the driver’s seat except during any period when he/she is announcing the arrival to the hirer, assisting the hirer or passenger, or assisting with luggage. 8. The licence holder must not permit the licensed vehicle being driven by him/her or in his/her charge to be used for any illegal or immoral purpose, to carry or convey any illegal substances, contraband goods or any article of a dirty, noxious, dangerous or explosive nature or to carry a passenger who is verminous. 9. On approaching a stance where taxis are permitted to stand, the licence holder shall drive to the rear of any taxis standing there and shall progress to the head of the stance in line as the other taxis depart in an orderly fashion. Section 2 The vehicle 10. When the licence holder is in charge of a licensed vehicle which is available for hire, plying for hire or on hire he/she must ensure that it is operated under the following conditions: 10.1. The licensed vehicle must have a valid Certificate of Insurance which complies with the conditions of the Road Traffic Acts and any Regulations made thereunder or amendments thereto which must be in the name of the holder of the vehicle licence, and which must cover the licensed vehicle operating as such. There must also be a current MOT Certificate for the licensed vehicle. 10.2. The licensed vehicle must have fitted, in a suitable holder a fire extinguisher which is immediately accessible to the driver. This fire extinguisher must be kept in working order which includes having it serviced to the standard set by the manufacturer or supplier. The fire extinguisher, its holder and its position within the licensed vehicle must meet the approval of the Licensing Authority. 82
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10.3. The licensed vehicle must be maintained in a safe, roadworthy, serviceable, and clean condition. The bodywork, upholstery and fittings of the licensed vehicle must be maintained in a safe, serviceable, roadworthy, and clean condition. The licence holder must not use the vehicle if its condition contravenes the Road Traffic Acts and any Regulations made under those Acts. 10.4. That the plates and window notices issued by the Licensing Authority with the licence number of the taxi are securely and permanently fitted to the front and rear bodywork of the vehicle in a position where they can be clearly seen and read. If the plate/plates has/have been lost or defaced the taxi cannot be used until the Licensing Authority has given a replacement plate/plates to the taxi licence holder and this has /these have been fixed to the vehicle. The window notices must be positioned in the rear passenger window of the vehicle where they can be clearly seen and read by any passenger. 10.5. That the taxi is fitted with a sign of a type approved by the Licensing Authority fitted to the roof of the vehicle which identifies it as licensed to operate as a taxi. The vehicle must not have any other signs which advertise that it is a licensed taxi. 10.6. That in the event the licensed vehicle which the licence holder is driving or is otherwise in charge of is damaged, altered or modified the licence holder shall not use it for hire until it has been presented for inspection and approved for hire by the Licensing Authority. 11. If the licence holder is required to do so at the instruction of a Police Constable, Officer of the Licensing Authority authorised for that purpose he/she shall deliver the licensed vehicle which he/she is driving or otherwise in his charge for inspection to such a place and at such time as the Police Constable or Authorised Officer of the Licensing Authority so require. Section 3 Passengers 12. The maximum number of passengers carried in the licensed vehicle must not exceed the limit set down in the licence for the vehicle. In counting this maximum number special allowance is made for children. If there is a child under age 2 then, provided the child is accompanied by an adult, that child is not counted. For children under age 12, if there are more than one then the first one is not counted. (Please note that only one child in the group does not count towards the total. If there are three children aged 1, 5 and 7 then this counts as two for the maximum number of passengers). 13. If the licence holder accepts a hire for the licensed vehicle that agreement must be kept either by the licensed vehicle or by another licensed vehicle arranged by the licence holder. 83
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14. Where a licensed vehicle has been hired by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person or by a person who wishes to be accompanied by such a person the licence holder must carry the disabled person’s dog and allow it to remain with the disabled person and not make any additional charge for doing so. The exception for refusing to carry an animal referred to in Condition 15 below does not apply in these circumstances. If the licence holder has been granted exemption from this Condition, then the Notice of Exemption must be fixed in a prominent position in the vehicle. 15. The licence holder shall not refuse to carry a hirer or passenger to any destination within North Ayrshire except for the following cases:- • if the hirer or a passenger is, in the opinion of the licence holder not in a fit and proper condition to be carried in the vehicle. • if the condition or clothing of the hirer or a passenger is offensive or likely to cause damage to the interior of the vehicle • if the hirer or a passenger refuses to stop or refrain from smoking when asked to do so by the licence holder • if the hirer or a passenger is accompanied by any animal which is likely to damage or soil the interior of the vehicle. • if any other condition of this licence authorises the licence holder to refuse to carry a passenger. 16. The licence holder must carry as much luggage of the hirer or passenger as can be safely accommodated in the boot or luggage compartment of the licensed vehicle and must give as much assistance with the loading and unloading of this luggage as he can without leaving the immediate proximity of the vehicle. 17. Within 24 hours of finding any property left by a hirer or passenger in the vehicle the licence holder must either return it to the owner if the owner is known or deliver it to a Police Station. Section 4 Fares 18. A taxi must have a taximeter fitted in a position approved by the Licensing Authority and a private hire car may have a taximeter fitted in a position approved by the Licensing Authority. In the case of both categories of licensed vehicles this meter must be :- • of a type approved by the Authority and be appropriate to cover the type of hire (either exclusive or sharing). 84
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• must be calibrated by a company approved by the Licensing Authority to calculate the fares and charges fixed from time to time by the Licensing Authority. • must be in proper working order, stamped and sealed after testing and must be maintained and serviced as required by the manufacturer. • the seals to the taximeter and those fixing the taximeter to the vehicle must not be broken, defective nor tampered with. The licence holder must not knowingly operate the licensed vehicle as a taxi if the taximeter is defective or the seals are broken or detached. • when the scales and charges are reviewed the meter must be recalibrated to the new scale, but the revised rate cannot be charged until a Calibration Certificate, confirming that it has been set and sealed at the new rate, has been presented to the Licensing Office. • the licensed vehicle cannot be operated if the size of the wheels or tyres have been altered in a manner which will affect the calibration of the taximeter. • if the taximeter develops a fault or any of the seals are broken or come off then the vehicle cannot be used as a taxi until the taximeter has been replaced or repaired and re-tested and approved by the Licensing Authority. 19. A copy of the current scales of fares and charges must be clearly displayed in the passenger compartment where it can be read by the passengers. The current scales and fees are fixed by North Ayrshire Council under the procedures set out in the Civic Government (Scotland) Act and no other scales of fares and charges can be displayed. The current scales and fares mean that the person who hires the licensed vehicle will be charged the fare shown on the approved meter which is calibrated to the current scales and fares. No other fare can be charged. In cases where a journey begins within North Ayrshire but ends out with its boundary the licence holder must make sure that, before the hire commences, the fare or charge or the method of calculating the fare is agreed with the person hiring the licensed vehicle. 20. Where a single fare is paid by any one passenger for the whole hire of the taxi whether or not more than one passenger is carried this is called an “exclusive hire” A “sharing hire” means that each passenger is carried at a separate fare payable to the licence holder. When a taxi is on exclusive hire the licence holder may not, under any circumstances, pick up or carry another passenger without the consent of the original hirer. The licence holder must drive to the destination of the hirer by the shortest practicable route unless otherwise directed by the hirer. 85
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21. The licence holder may operate a sharing hire subject to the following conditions: 21.1. Sharing hire may be operated only with the consent of the first hirer or passenger even if the taxi carries a sign approved by the Licensing Authority indicating that the vehicle is available for sharing hire. 21.2. The licence holder does not need to operate on a sharing hire if no sign to that effect is displayed on the taxi at the time of the initial hiring. 21.3. Where a taxi has been hired on a sharing hire the licence holder must take the shortest practicable route which will serve the destinations of the passengers whom he is carrying at any one time. 21.4. The licence holder can refuse to accept a further passenger on the grounds that his intended destination could not be served without an excessive or unreasonable addition to the journey distance of his existing passenger or passenger or that the further passenger’s luggage cannot be accommodated safely within the luggage compartment of the car. 21.5. When operating a sharing hire the licence holder may wait at a stance only for such time as is reasonably required to find out if there are any prospective further passengers (in addition to the existing passenger or passengers) in the immediate vicinity of the stance at that time who wish to participate in the sharing hire of the taxi. If no such further passengers are found there and then, the licence holder must immediately drive his taxi off the stance. Section 5 General 22. Nothing in this licence authorises or permits the licence holder to breach any term or Condition of the licence issued by the Licensing Authority to the licence holder of the vehicle licence. 23. In addition to Conditions 1 to 22 the licence holder must also comply with the General Conditions imposed under the Civic Government (Scotland) Act 1982 and any amendments to and Regulations made in terms of that Act. The Licensing Office for the Licensing Authority of North Ayrshire which processes licence applications, issues licences, to which any notifications which must be given under the Licensing Conditions and to which all enquiries or requests for further information should be made is located at North Ayrshire Council, Licensing Office, 1st Floor, Cunninghame House, Irvine, KA12 8EE. 86