Agenda Document Pack - Licensing Committee - 04/06/2025

North Ayrshire Council · 4 June 2025
Back to Licensing Committee — 4 June 2025 and its agenda

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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, 04 June 2025 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 7 May 2025 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).
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
4 Review and Update of Taxi and Private Hire Licensing Conditions
Submit report by the Head of Democratic Services presenting proposed
updates to the licensing conditions for Taxis, Taxi Drivers, Wheelchair
Accessible Taxis and Private Hire Cars (copy enclosed).
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
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
Licensing Committee Sederunt
Eleanor Collier (Chair)
Nairn Angus-McDonald (Vice-Chair)
John Bell
Cameron Inglis
Christina Larsen
Jean McClung
Matthew McLean
Donald L. Reid
Ronnie Stalker
Angela Stephen
Chair:
Apologies:
Attending:
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Licensing Committee
7 May 2025 
IRVINE, 7 May 2025 - At a Meeting of the Licensing Committee of North Ayrshire
Council at 10.00 a.m. 
Present
Eleanor Collier, John Bell, Cameron Inglis, Christina Larsen, Jean McClung, Ronnie
Stalker and Angela Stephen. 
In Attendance
D. Grier, Solicitor (Legal Services); D. Robertson, Civic Licensing Standards Officer,
C. Pollock, Licensing Manager, A. Kellas, Administration Assistant and S. Dalgoutte,
Senior Clerical Assistant (Licensing) and C. Stewart, Committee Services Officer
(Corporate Services). 
Chair
Councillor Collier in the Chair. 
Apologies
Nairn Angus-McDonald and Donald L. Reid. 
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 2
April 2025 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 Licence: TDL/01648: Daniel Stewart 
The licence-holder, having been duly cited to attend, was present. 
The Civic Licensing Standards Officer addressed the Committee on the terms of a
report setting out his representation. 
The licence-holder then 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 
Agenda Item 2
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Councillor Larsen, seconded by Councillor Stalker, moved that the Committee direct
the Clerk to issue a warning letter to the licence-holder. There being no amendment,
the motion was declared carried. 
Accordingly, the Committee agreed to direct the Clerk to issue a warning letter to the
licence-holder. 
3.2 Taxi Driver Licence: TDL/00690: Graham Brown 
The licence-holder, having been duly cited to attend, was present. 
The Civic Licensing Standards Officer addressed the Committee on the terms of a
report setting out his representation. 
The licence-holder then 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 Stalker, moved that the Committee direct
the Clerk to issue a warning letter to the licence-holder. There being no amendment,
the motion was declared carried. 
Accordingly, the Committee agreed to direct the Clerk to issue a warning letter to the
licence-holder. 
3.3 Taxi Licence: TL/408: Angela Murray 
The applicant, having been duly cited to attend, was present. 
The applicant then 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 Stalker, seconded by Councillor McClung, moved that the application be
treated as an exception to the Council’s Vehicle Specification Policy which required
the use of a Wheelchair Accessible Vehicle. There being no amendment, the motion
was declared carried. 
Accordingly, the Committee unanimously agreed to (a) treat the application as an
exception to the Council’s Vehicle Specification Policy for the purposes of Section
10(2) of the Civic Government (Scotland) Act 1982; (b) treat the case as an
exception to the part of the Policy requiring the use of a Wheelchair Accessible
Vehicle; and (c) delegate authority to the Solicitor (Licensing) to grant the
application.
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3.4 Short Term Let: NA00852N: Georgina and Reece Codona 
The applicant, having been duly cited to attend, were present and addressed the
Committee and responded to questions. An objector was present 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. 
Decision 
Councillor McClung, seconded by Councillor Stalker, moved that the application be
granted. 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". 
3.5 Short Term Let: NA00855N: Catherine Mills 
The applicant, having been duly cited to attend, was present and addressed the
Committee and responded to questions. The objector was not present but their
written objection was taken into consideration by the Committee. 
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 McClung, moved that the application be
granted. 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". 
4. Urgent Items 
There were no urgent items. 
The meeting ended at 10.55 a.m. 
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home
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NORTH AYRSHIRE COUNCIL
4 June 2025                                                                                                                                                            
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
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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.
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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. 
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
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Appendix A 
Case 1 Taxi Driver Licence TDL/02537   
Applicant   John Welsh 
Case 2 Taxi Licence TL/465  (NEW)   
Applicant   Mary Hewitt 
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NORTH AYRSHIRE COUNCIL
4 June 2025
Licensing Committee
Title: Review and Update of Taxi and Private Hire Licensing
Conditions
Purpose: To present proposed updates to the licensing conditions for
Taxis, Taxi Drivers, Wheelchair Accessible Taxis and Private
Hire Cars.
Recommendation: It is recommended that the Licensing Committee considers the
proposed amendments to the various licensing conditions, as
highlighted in red in the draft documents contained within the
appendix. Should the Committee be satisfied with the proposed
changes, it is recommended that these be adopted with
immediate effect. Alternatively, the Committee may request
further amendments as deemed necessary.
1. Executive Summary
1.1 The proposed amendments reflect updates to administrative and enforcement practices
by both Police Scotland and North Ayrshire Council.
1.2 The revised conditions aim to ensure clarity, consistency and enforceability across all
relevant licence types. They also improve transparency for licence holders in relation to
driver conduct, vehicle requirements and disclosure obligations.
1.3 A key objective of the amendments is to harmonise the wording and structure of the
various licensing conditions, providing a consistent and user friendly framework for both
licence holders and council officers.
1.4 The Licensing Authority will continue to review and update licensing conditions as
necessary to reflect legislative changes, evolving operational needs and feedback. This
ensures the conditions remain fit for purpose and responsive to the needs of the trade
and the public.
2. Background
2.1 Changes to operational and enforcement practices by both North Ayrshire Council and
Police Scotland have highlighted the need to revise existing licensing conditions to
ensure they remain relevant and practical.
Agenda Item 4
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2.2 The Taxi Drivers Badge issued by the Licensing Authority is currently too large to be
comfortably worn or displayed. In practice, drivers carry the badge and produce it upon
request. The proposed condition amendment formalises this arrangement. 
2.3 Police Scotland now make use of Police Direct Measures, including Recorded Police
Warnings and Anti-Social Behaviour Fixed Penalty Notices. There is currently no
statutory requirement to disclose these outcomes but the proposed amendments
introduce a disclosure obligation in line with public safety expectations. 
2.4 The current scales of fares and charges are publicly available on North Ayrshire
Council’s website, removing the need for them to be displayed within each licensed
vehicle. The proposed amendment reflects this digital accessibility. 
2.5 The review has also identified inconsistencies in the structure, language and layout of
the existing conditions across the different licensing types. The proposed amendments
aim to harmonise these conditions to promote clarity, reduce duplication and aid
enforcement. 
2.6 Ensuring consistency and clarity in licensing conditions supports both enforcement
efforts and public confidence in the licensed trade. These proposals aim to balance
regulatory oversight with clear, updated guidance for licence holders. 
3. Proposals 
3.1 Updating of the Standard Conditions of Licence Conditions 
3.2 Updating of the Taxi Driver Licence Conditions 
3.3 Updating of the Disabled Driver Licence Conditions 
3.4 Updating of the Private Hire Standard Licence Conditions 
3.5 If approved, the amended licensing conditions will take immediate effect and apply to
both existing licence holders and new applicants from the date of the Committee’s
decision. 
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4. Implications/Socio-economic Duty 
Financial 
4.1 None 
Human Resources 
4.2 None 
Legal 
4.3 The proposed amendments ensure that licence conditions remain compatible with the
Civic Government (Scotland) Act 1982. The revised conditions reflect evolving legal and
enforcement practices and will reduce ambiguity for both licence holders and
enforcement officers. 
Equality/Socio-economic 
4.4 None 
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 None 
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. 
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5. Consultation 
5.1 The proposed amendments have been developed following internal discussions
between officers from Legal Services and Licensing, with a focus on practical
enforceability and consistency across licensing regimes. Should the Committee deem
it necessary, formal consultation with the trade can be arranged prior to final adoption. 
Aileen Craig
Head of Democratic Services 
For further information please contact Drew Robertson, Civic Licensing Standards
Officer, on 01294 310000. 
Background Papers
0
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Private Hire Car Licence Conditions
Appendix A
Agenda Item 4
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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 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 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 may be required tomust be
presented to the Licensing Authority when the licence is renewed, at the annual
reinspection or 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.
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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.
• 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. The current scales
of fares and charges are available on the North Ayrshire Council website under
‘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. 
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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
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
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.
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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
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 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.
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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.
• is in possession of displays the his/her 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.
• having been dealt with by Police Direct Measures in the form of either a
Recorded Police Warnings (RPW) or an Anti-social Behaviour Fixed Penalty
Notice (ASB FPN).
• 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.
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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.
25

Page 26

Page 27

Taxi Licence (Wheelchair) Licence
Conditions
Appendix B
Agenda Item 4
27

Page 28

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 may be required to must be presented to the
Licensing Authority when the licence is renewed, at the annual reinspection and should
also be presented 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.
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Page 29

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. 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.
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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. Smoking includes the use of e-cigarettes and other vaporising devices.
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.
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Page 31

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
31

Page 32

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 is in possession of his/her 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.
• 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 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.
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Page 33

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.
33

Page 34

Page 35

Taxi Licence conditions
Appendix C
Agenda Item 4
35

Page 36

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.
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 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 MOT Certiﬁcate (if required) for the
licensed vehicle. The Insurance Certiﬁcate, the Certiﬁcate of Roadworthiness and the
MOT Certiﬁcate may be required tomust be presented to the Licensing Authority when
the licence is renewed, at the annual re-inspection or 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 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.
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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 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.  The current scales of fares and charges are
available on the North Ayrshire Council website under the heading of ‘Licensing’. 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 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
37

Page 38

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 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 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
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
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Page 39

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 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
• is in possession of his/herdisplays 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
Officer or an Officer authorised by the Licensing Authority, ask to see that list the
licence holder must supply it to them immediately.
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Page 40

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.
• 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.
• 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).
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 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.
40

Page 41

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 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.
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Page 43

TAXI DRIVER LICENCE CONDITIONS
This licence is granted subject to the following 22twenty-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 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 he/she she be in
possession ofmust 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 shall at all times be 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 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.
3.2. 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”).
4.3. 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.
Appendix D
Agenda Item 4
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(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. 
5.4. 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 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 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.
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6.5. 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.
7.6. 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.
8.7. 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. 
9.8. 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
10.9. 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:-
10.1.9.1. 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.
10.2.9.2. 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.
10.3.9.3. 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.
10.4.9.4. 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
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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.
10.5.9.5. 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.
10.6.9.6. 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.
11.10. 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
12.11. 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).
13.12. 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.
14.13. 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 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.
15.14. 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.
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• 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.
16.15. 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.
17.16. 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
18.17. 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.
• 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.
19.18. 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
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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. 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.
20.19. 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.
21.20. The licence holder may operate a sharing hire subject to the following
conditions:-
21.1.20.1. 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.
21.2.20.2. 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.
21.3.20.3. 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.
21.4.20.4. 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.
21.5.20.5. 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
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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
22.21. 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.
23.22. In addition to Conditions 1 to 212 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. 
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