Agenda Document Pack - Licensing Committee - 19/06/2024

North Ayrshire Council · 19 June 2024
Back to Licensing Committee — 19 June 2024 and its agenda

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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE         
Licensing Committee 
A Special 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, 19 June 2024 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.   
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 Report on Taxi Fare Review Scales
Submit report by the Head of Democratic Services to continue the Taxi
Fare Review (copy enclosed). 
3 Urgent Items
Any other items which the Chair considers to be urgent.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
Webcasting
Please note: this meeting may be filmed/recorded/live-streamed to the
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start of the meeting, the Provost/Chair will confirm if all or part of the
meeting is being filmed/recorded/live-streamed.
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to, for the purpose of keeping historical records and making those records
available via the Council’s internet site.
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by entering the Council Chambers, using the press or public seating area
or (by invitation) participating remotely in this meeting, you are consenting
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dataprotectionofficer@north-ayrshire.gov.uk. 
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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
Jean McClung
Matthew McLean
Donald L. Reid
Ronnie Stalker
Angela Stephen 
Chair: 
Apologies: 
Attending: 
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NORTH AYRSHIRE COUNCIL 
19 June 2024 
Licensing Committee 
Title:    Civic Government (Scotland) Act 1982: Taxi Fare Review 
Purpose:  To continue the Taxi Fare Review 
Recommendation:  That the Committee
a) Review the current scale and approve in draft the scale set out
as Appendix C to this report, as varied by the Committee;
b) Instruct the Chief Executive to give notice of that draft;
c) Continue consideration of the Review until a further meeting of
the Committee at least one month after that public notice has
been given. 
1. Executive Summary 
1.1 Under of the Civic Government (Scotland) Act 1982, the Council as Licensing Authority
is required to review the maximum fare that taxis operating within North Ayrshire may
charge. The 1982 Act requires that this should be done at maximum intervals of
eighteen months, counted from when the current Scales came into effect. The current
Scales are Appendix A to this report.
1.2 The Act lays down a sequence of stages for the review. Accordingly, when the
Committee met on 10 April 2024 it adopted the following scheme: 
Stage (a) - Meeting with taxi trade representatives/taxi operators to discuss proposals,
consider revisions and finalise draft tariff 
Stage (b) - Licensing Committee meeting to approve finalised draft tariff and seek
authority to advertise proposed tariff in local press 
Stage (c) - Public Consultation - Advertise proposals and invite representations - As
soon as possible thereafter 
Stage (d) - Licensing Committee meeting to consider representations and to fix new
Scales 
Stage (e) - Notification to Trade - within 7 days of (d) 
Stage (f) - Advertise new Scales (if no appeal to the Traffic Commissioner) - Not less
than 14 days after the Notification in Stage (e) 
Agenda Item 2
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Stage (g) - Advertise new Scales (if there is an appeal) - as soon as practicable after
the determination of the appeal. 
1.3 The fares approved by the Committee are the maximum fares which may be charged.
Operators can charge less if they wish. While the Council must review fare levels
periodically, it does not have to alter the existing fares.
1.4 Once the fares have been reviewed and fixed, taxi operators have a right of appeal to
the Traffic Commissioner for the Scottish Traffic Area, should they disagree with the
Council's decision.
2. Background 
2.1 The Committee held the Stage (a) meeting with interested parties on 16 May 2024. A
Minute of that meeting is attached as Appendix B to this Report.
2.2 The present Committee meeting is Stage (b) of the process. The Committee are to
review the current Scales and propose new draft Scales. A possible draft of proposed
Scales is attached (Appendix C). Once approved by the Committee for publication, the
Scales will be advertised so that the public can make representations (Stage (c)). The
consultation period is at least one month. After the consultation period, the Committee
will meet again to consider the draft, and any public representations, and then fix the
Scale (Stage (d)).
2.3 In preparing draft Scales, the Committee should consider:
a) Government Guidance on how Licensing Authorities should approach Fare Reviews;
b) the current Scales;
c) the views of the Trade.
(a) Government Guidance 
2.4. The Government Guidance is in "Taxi and Private Hire Car Licensing: Best Practice for
Licensing Authorities", Second Edition, April 2012, Paragraph 6.2. This adopts the
guidance in Scottish Development Department Circular 25/1986. The relevant part of
that is Paragraph 2.37:
"The Secretary of State expects that in fixing fares authorities will want to pay primary
regard to the costs incurred by the trade, having regard to the capital costs. (including
interest payments) of the vehicles, the costs of maintaining and replacing them to the
standards required by the licensing authority, the costs of employing drivers, and the
prevailing levels of wages and costs in related road transport industries. In the Secretary
of State's view the public interest is better served by ensuring the maintenance of an
adequate taxi service by giving the trade a fair return than by depressing fares for social
reasons, however understandable. If fares are fixed at a level higher than the market
can stand, the trade is free to reduce them."
(b) the current Scales 
2.5. The current scales are attached at Appendix A to this report. 
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(c) the views of the Trade 
2.6 These are set out in Appendix B, in so far as stated at the Consultation meeting. The
process later involves public consultation, and any written comments made later by the
Trade or the general public will be copied in Members' background papers when the
Committee next deal with this matter. 
3. Proposals 
3.1 A possible draft of the Taxi Fare Scales is in Appendix C. This was prepared by the
Clerk following the Trade Meeting, after considering the Government Guidance quoted
above and the statistical indicators which appear to be relevant to the Taxi Fare Review.
This is only a draft and has been prepared by officers, not the Committee, for the
purpose the purpose of facilitating discussion. It is open to anyone participating in the
review process to suggest that the Licensing Committee should consider other factors
or that an alternative charging basis should be adopted. In order to keep to the statutory
timetable, anyone making any representations about the draft should make them during
the subsequent public consultation.
The Committee should review the Scales, adopt a draft proposal, and instruct the Chief
Executive to give public notice of that draft. 
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4. Implications/Socio-economic Duty 
Financial 
4.1 The Taxi fare structure has substantial implications for both the trade and the
community. In addition, legal costs to the Licensing Authority may arise if the fare review
becomes subject to an appeal to the Traffic Commissioner, which may affect future
Licence fees.
Human Resources 
4.2 None 
Legal 
4.3 Possible appeal to the Traffic Commissioner. 
Equality/Socio-economic 
4.4 None. An "Equality Impact Assessment" is not considered necessary. There are no
socio-economic implications of the proposals. 
Climate Change and Carbon 
4.5 None
Key Priorities 
4.6 North Ayrshire Council has priorities for Aspiring Communities in the Council Plan
2019-2024. An effective licensing system, e.g. monitoring the 'fit and proper' status of
hire-car drivers and the safety of their cars, helps achieve Priority Outcome: “North
Ayrshire’s residents and communities are safe".
Community Wealth Building 
4.7 There are no Community Wealth Building issues. 
5. Consultation 
5.1 No consultations are necessary or appropriate at this stage of the statutory process,
which will later involve consultation with the Trade and the general public. 
Aileen Craig 
Head of Democratic Services 
For further information please contact Raymond Lynch, Senior Manager (Legal), on
raymondlynch@north-ayrshire.gov.uk 
Background Papers 
Appx A - Current NAC Taxi Fare Scales (from 24 May 2023)
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Appx B - Minute 16 May 2024 Trade Consultation mtg for Taxi Fare Review
Appx C - DRAFT PROPOSED Taxi Fare Scales 
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Taxi Fare Scales 
These are maximum fares – the driver can: 
- choose to charge less than the meter, or 
- agree a fixed fare with the passenger before the journey
starts (so long as the agreed fare is not more than the Scale
fare) 
These Scales were fixed by the Licensing Committee on Monday 24
October 2022 and apply from and after Thursday 4 May 2023 (this is
the date set by the Traffic Commissioner after he refused an appeal
by an Operator). 
Tariff 1 (Normal)
Up to the first 3/4 mile - £3.50
Then each mile - £2.30 (in 10p units)
Waiting: up to 10 minutes - £3.50 (and then 10p every 20 seconds or
part) 
Tariff 2 (Higher)
Up to the first 3/4 mile - £4.00
Then each mile - £3.00 (in 10p units)
Waiting: up to 10 minutes - £4.00 (and then 10p every 20 seconds or
part) 
Tariff 2 applies if the journey starts and/or ends: 
- in the period 12.00 p.m. (midnight) to 7.00 a.m. ("Night") 
- on a Sunday 
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- on the following Public Holidays:
Good Friday
early May Bank Holiday
Spring Bank Holiday
Summer Bank Holiday
30 November (St Andrew’s Day) 
If a Bank Holiday is on a weekend, the following Monday is
treated as the Bank Holiday 
- On 26th December or 2nd January 
Tariff 3 (Festive period) 
If the journey starts AND/OR ends on 25th December or 1st January
the fare is double Tariff 1. 
Boundary Zone Charge 
If the journey is from the Zone for which the vehicle is licensed to
another Zone in North Ayrshire: the fare is whichever of Tariff 1, 2 or
3 would otherwise apply, plus 50%. 
Large Vehicle Charge (5 or more passengers) 
If the vehicle starts by carrying more than 4 passengers, the fare is
charged as an extra 50% on whichever of Tariff 1, 2 or 3 would
otherwise apply. The higher fare applies until the hire ends, even if
some of the passengers leave the vehicle earlier and there are fewer
than 5 left in the vehicle. 
Extra Charges 
Soiling Charge - £50 
Notes 
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1. If two Tariffs could apply to a journey, the driver can charge the
higher one. The metered charge is the maximum which can be charged.
The driver can always charge less. 
2. These Scales apply to journeys which both start and end within
North Ayrshire. The Council do not set fares for journeys beyond the
Council area. The passenger and the driver should agree the fare before
the start of the journey. 
3. Luggage shall be carried free if it is of a size which can reasonably
be accommodated in the car. 
4. Tariffs apply as soon as the journey starts and do not change. For
example, if a journey starts at 6.30 a.m. (Tariff 2 is "Higher") but ends at
7.30 a.m. (Tariff 1 is "Normal"), then the fare is still Tariff 2 because the
journey started at night. 
5. The meter can only be started immediately before the vehicle
moves off and must be stopped when the vehicle arrives at its destination.
The meter cannot be used while the vehicle is being loaded before moving
off or being unloaded after the vehicle stops at its destination, unless the
passenger has asked the driver to wait. 
6. There is no extra charge for loading, carrying or unloading
passengers with wheelchairs, assistance animals or anything the
passenger wants to have carried. 
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Civic Government (Scotland) Act 1982: Taxi Fare Review
Minute of Trade Consultation meeting under Section 17(4A)(a) held on Thursday 16 May at
10.am at Cunninghame House, Irvine
Councillors Present:
Eleanor Collier (Convenor), Matthew McLean, Ronnie Stalker, Cameron Inglis, Christina Larsson
Council Officers Present:
Raymond Lynch (Senior Manager, Legal), David Grier (Solicitor, Legal), Christopher Pollock
(Licensing Manager)
Operators of Taxis in Attendance (and Licence Numbers):
John Russell (211)
William Taylor (181) (Director of Irvine TOA)
Jamie Dorrans (Director of Irvine Taxi Call)
The Convenor opened the meeting by explaining that the purpose of today’s meeting was to
gather the views of operators in advance of a meeting of the Licensing Committee to make a
proposal for draft Taxi Fare Scales. This would only be a draft, not a decided tariff, and would be
published in newspapers. The public, including the operators present, would have 28 days to
make any comments they wanted. There would then be a further meeting of the Committee,
which would make a decision on the scales. That decision would include an effective date, which
would be a Monday, and operators would have to have their meters recalibrated and collect new
fare cards.
The Convenor invited those present to make comments.
John Russell (211)
He advised that insurance costs, fuel costs and operating costs are all increasing. There would
be no beneﬁt to a 10p or 20p increase and he would not support a price increase. He proposed
that the Christmas and New Year tariffs should be altered. At present the double fare stops at
midnight on both dates. He proposed extending this until 7am on the 26th of December and 2nd of
January.
William Taylor (181)
He also supported a change for the festive period as proposed by John Russell. He would be in
favour of a fare increase which is in line with an inﬂationary rise and agreed that both car running
costs and insurance costs are increasing. He was in support of the current tariff 2.
Jamie Dorrans
He didn’t have any speciﬁc proposals but felt that fares were slightly on the cheap side but this is
as a result of the cost of living.
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Ronnie Stalker
He asked if the low turnout was an indication that most of the trade were happy with the current
scales.
John Russell (211)
He felt that last year’s changes were welcome and he was happy with them. 
Jamie Dorrans 
He said he was struggling more than independents but this was more to do with running 13-15
vehicles. 
William Taylor (181)
He agreed that it was different for him as he was using commission based drivers and he has to
compete with what other employers can pay. He stated that commission based drivers can earn
a good fare on a Sunday with the current tariff 2. 
He stated that North Ayrshire has moved up the list of local authorities in terms of the rate and he
was happy with this but he would like to see an inﬂationary rise of around 3.8%. 
Raymond Lynch 
Explained the next steps in the process and that a draft proposal would be brought to a
committee, most likely in June. 
Matthew McLean 
He asked if there were any other holidays to consider or local festivals. 
John Russell (211)
He said that Easter used to be included but his main focus this year was Christmas and New Year.
Jamie Dorrans 
He would support local festivals. 
Raymond Lynch
He advised we would consider what other local authorities do and feed this into our draft
proposal, if possible. 
Meeting minutes ended: 10.38am 
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Taxi Fare Scales 
These are maximum fares – the driver can: 
- choose to charge less than the meter, or 
- agree a fixed fare with the passenger before the journey
starts (so long as the agreed fare is not more than the Scale
fare) 
This is only a draft and has been prepared only to assist discussion.
It cannot be taken as indicating that the Council have decided any
matter or are likely to make a particular decision. 
Tariff 1 (Normal)
Up to the first 3/4 mile - £3.50
Then each mile - £2.30 (in 10p units)
Waiting: up to 10 minutes - £3.50 (and then 10p every 20 seconds or
part) 
Tariff 2 (Higher)
Up to the first 3/4 mile - £4.00
Then each mile - £3.00 (in 10p units)
Waiting: up to 10 minutes - £4.00 (and then 10p every 20 seconds or
part) 
Tariff 2 applies if the journey starts and/or ends: 
- in the period 12.00 p.m. (midnight) to 7.00 a.m. ("Night") 
- on a Sunday 
- on the following Public Holidays:
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Good Friday
early May Bank Holiday
Spring Bank Holiday
Summer Bank Holiday
30 November (St Andrew’s Day) 
If a Bank Holiday is on a weekend, the following Monday is
treated as the Bank Holiday 
Tariff 3 (Festive period) 
If the journey starts AND/OR ends from 25th December until 26th
December at 7am or from 1st January until 2nd January at 7am, the
fare is double Tariff 1. 
Boundary Zone Charge 
If the journey is from the Zone for which the vehicle is licensed to
another Zone in North Ayrshire: the fare is whichever of Tariff 1, 2 or
3 would otherwise apply, plus 50%. 
Large Vehicle Charge (5 or more passengers) 
If the vehicle starts by carrying more than 4 passengers, the fare is
charged as an extra 50% on whichever of Tariff 1, 2 or 3 would
otherwise apply. The higher fare applies until the hire ends, even if
some of the passengers leave the vehicle earlier and there are fewer
than 5 left in the vehicle. 
Extra Charges 
Soiling Charge - £50 
Notes 
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1. If two Tariffs could apply to a journey, the driver can charge the
higher one. The metered charge is the maximum which can be charged.
The driver can always charge less. 
2. These Scales apply to journeys which both start and end within
North Ayrshire. The Council do not set fares for journeys beyond the
Council area. The passenger and the driver should agree the fare before
the start of the journey. 
3. Luggage shall be carried free if it is of a size which can reasonably
be accommodated in the car. 
4. Tariffs apply as soon as the journey starts and do not change. For
example, if a journey starts at 6.30 a.m. (Tariff 2 is "Higher") but ends at
7.30 a.m. (Tariff 1 is "Normal"), then the fare is still Tariff 2 because the
journey started at night. 
5. The meter can only be started immediately before the vehicle
moves off and must be stopped when the vehicle arrives at its destination.
The meter cannot be used while the vehicle is being loaded before moving
off or being unloaded after the vehicle stops at its destination, unless the
passenger has asked the driver to wait. 
6. There is no extra charge for loading, carrying or unloading
passengers with wheelchairs, assistance animals or anything the
passenger wants to have carried. 
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