Agenda Document Pack - Licensing Committee - 17/08/2022

North Ayrshire Council · 17 August 2022
Back to Licensing Committee — 17 August 2022 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

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, 17 August 2022 at 10:00 to consider the undernoted business. 
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 (i) the Ordinary Meeting of the Licensing
Committee held on 1 June 2022 and (ii) the Special Meeting held on 20
June 2022 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: Taxi Fare Review
Submit report by the Head of Democratic Services on the Taxi Fare
Review (copy enclosed). 
4 Exclusion of the Public
Resolve in terms of the Local Government (Scotland) Act 1973, to
exclude from the Meeting the press and the public for the following two
items of business on the grounds indicated in terms of one or more of
Paragraphs 3, 6, 14 and 15 as defined in Section 50J, and Schedule 7A
to, the Act. 
5 Civic Government Scotland Act 1982 and other Licensing Statutes:
Licensing Matters
Submit report the Head of Democratic Services on hearings to be
determined and applications for grant or renewal of licences and permits,
all in terms of the Civic Government (Scotland) Act 1982 (copy enclosed).
1

Page 2

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
6 Preliminary Consideration of Complaint Against Licence-holder 
Receive verbal report by the Solicitor (Licensing). 
7 Urgent Items
Any other items which the Chair considers to be urgent. 
2

Page 3

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
Licensing Committee Sederunt 
Eleanor Collier (Chair)
Nairn McDonald (Vice-Chair)
John Bell
Stewart Ferguson
Christina Larsen
Jean McClung
Donald L. Reid
Ronnie Stalker
Angela Stephen 
Chair: 
Apologies: 
Attending: 
3

Page 4

Page 5

Licensing Committee
1 June 2022 
At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. within
the Council Chambers, Irvine. 
Present
Eleanor Collier, Nairn McDonald, John Bell, Stewart Ferguson, Christina Larsen, Jean
McClung, Donald L. Reid and Ronnie Stalker. 
In Attendance
W. O’Brien, Solicitor (Licensing) and H. Clancy, Committee Services Officer (Chief
Executive’s Service). 
Chair
Councillor Collier in the Chair. 
Apologies
Angela Stephen 
1. Chair’s Remarks 
The Chair agreed, in terms of Standing Order 10.5, to vary the order of business to
allow earlier consideration of Agenda Item 4: Review and Fixing of Taxi Scales (Civic
Government (Scotland) Act 1982, Sections 17 to 18A) and Agenda Item 5: Taxi
Stance at Hamilton Street, Saltcoats (Civic Government (Scotland) Act 1982,
Sections 19). 
2. 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. 
3. Review and Fixing of Taxi Scales (Civic Government (Scotland) Act
1982, Sections 17 to 18A) 
Submitted report by the Head of Democratic Services on the Review and Fixing of
Taxi Scales and the proposed timetable for the Review and Fixing Process. 
The Committee agreed to approve (i) the proposed timetable for the Review and
Fixing Process and (ii) the suggested process of Trade Consultation with Taxi
Operators to take place on 13 June 2022 at 10.00 a.m. with Councillors Collier,
McDonald and Stalker. 
Agenda Item 2
5

Page 6

4. Taxi Stance at Hamilton Street, Saltcoats (Civic Government (Scotland)
Act 1982, Sections 19) 
Submitted report by the Head of Democratic Services on the Taxi Stance at Hamilton
Street, Saltcoats. 
The Committee agreed to approve (i) the Taxi Stance at Hamilton Street, Saltcoats;
(ii) the Taxi Stance operating hours of 6pm – 3am for 6 spaces; and (iii) appropriate
alterations to signs and road markings. 
5. Exclusion of the Public 
The Committee resolved, under Section 50A(4) of the Local Government (Scotland)
Act 1973, to exclude from the Meeting the press and the public, for Agenda Items 5
and 6 (Civic Government (Scotland) Act 1982 and other Licensing Statutes:
Licensing Matters) on the grounds that they involved the likely disclosure of Exempt
Information as defined in Section 50J of, and Schedule 7A to, the Local Government
(Scotland) Act 1973. 
The 'Exempt Information' concerned is information of the type described in one or
more of Paragraphs 3, 6, 14 and 15 of Part 1 of Schedule 7A to the Act: 
3.  "Information relating to any particular applicant for, or recipient or former
recipient of, any service provided by the authority." 
6.  "Information relating to the financial or business affairs of any particular
person (other than the authority)." 
14.  "Any action taken or to be taken in connection with the prevention,
investigation or prosecution of crime." 
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." 
6. Civic Government (Scotland) Act 1982 and other Licensing Statutes: 
Licensing Matters 
Submitted report by the Head of Democratic Services on hearings to be determined
and applications for the grant or renewal of licences, consents and permits, on
hearings and on other matters, under the Civic Government (Scotland) Act 1982 and
other Licensing legislation. 
Appendix A: Hearings 
6.1 Taxi Driver’s Licence: TDL/02293 (New): John Welsh 
The Committee at its meeting held on 9 March 2022 agreed, to proceed to a Hearing
in terms of Paragraph 4(2) of Schedule 1 of the Civic Government (Scotland) Act
1982. 
The Committee agreed to continue consideration of this item to a future meeting. 
6

Page 7

Appendix B:  Applications for Licences/Renewal of Licences 
6.2 PEL/670 (Temporary): Kelburn Arts Ltd 
The Committee agreed to grant the application, subject to the Council’s standard
conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government
(Scotland) Act 1982.
6.3 TDL/00422 (Renewal): James Cunninghame 
The Committee agreed to grant the application, subject to the Council’s standard
conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government
(Scotland) Act 1982. 
The meeting ended at 11.15 a.m. 
7

Page 8

Licensing Committee
20 June 2022 
IRVINE, 20 June 2022 - At a Meeting of the Special Licensing Committee of North
Ayrshire Council at 12.40 p.m. within the Council Chambers, Irvine. 
Present
Eleanor Collier, Nairn McDonald, Stewart Ferguson, Christina Larsen, Jean McClung
and Donald L. Reid. 
In Attendance
R. Lynch, Senior Manager (Legal Services), C. Pollock, Licensing Admin Officer
(Licensing) and H. Clancy, Committee Services Officer (Chief Executive’s Service). 
Chair
Councillor Collier in the Chair. 
Apologies
John Bell and Angela Stephen 
1. Declarations of Interest 
There were no declarations of interest by Members in terms of Standing Order 11
and Section 5 of the Code of Conduct for Councillors. 
2. Exclusion of the Public 
The Committee resolved, under Section 50A(4) of the Local Government (Scotland)
Act 1973, to exclude from the Meeting the press and the public, for Agenda Item 3
(Civic Government (Scotland) Act 1982 and other Licensing Statutes: Licensing
Matters) on the grounds that they involved the likely disclosure of Exempt
Information as defined in Section 50J of, and Schedule 7A to, the Local Government
(Scotland) Act 1973. 
The 'Exempt Information' concerned is information of the type described in one or
more of Paragraphs 3, 6, 14 and 15 of Part 1 of Schedule 7A to the Act: 
3.  "Information relating to any particular applicant for, or recipient or former
recipient of, any service provided by the authority." 
6.  "Information relating to the financial or business affairs of any particular
person (other than the authority)." 
14.  "Any action taken or to be taken in connection with the prevention,
investigation or prosecution of crime." 
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." 
8

Page 9

3. Civic Government (Scotland) Act 1982 and other Licensing Statutes: 
Licensing Matters 
Submitted report by the Head of Democratic Services on hearings to be determined
and applications for the grant or renewal of licences, consents and permits, on
hearings and on other matters, under the Civic Government (Scotland) Act 1982 and
other Licensing legislation. 
Appendix A: Hearings 
3.1 Taxi Driver’s Licence: TDL/02293 (New): John Welsh 
At a previous meeting on 1 June 2022, the Committee agreed to continue
consideration of this application.  
The applicant, having been duly cited to attend, was not present or represented. 
The Senior Manager (Legal Services) set out the background to the Hearing as
previously intimated in writing to the applicant and advised the Committee of a letter
from Police Scotland setting out their representation in respect of the application. 
The Senior Manager (Legal Services) advised the Committee the Applicant had a
“Protected Conviction” to which the provisions of the Rehabilitation of Offenders Act
1974 applied.  The Committee then carried out the procedure required under the
Rehabilitation of Offenders Act 1974, Section 7(3) and determined that justice could
not be done except by having regard to the Applicant’s “Protected Conviction". 
Decision 
The Committee agreed to refuse the application in terms of Paragraph 5(3)(a)(ii) of
Schedule 1 of the Civic Government (Scotland) Act 1982 on the grounds that the
applicant is not a fit and proper person to be the holder of a licence. There being no
amendment the motion was declared carried. 
The meeting ended at 12.45 p.m.
9

Page 10

Page 11

NORTH AYRSHIRE COUNCIL 
17 August 2022 
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 E 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 1 June 2022 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 (19 October 2022) 
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 3
11

Page 12

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 13 June 2022. 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 E). 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) general economic indicators;
d) 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. Appendix D ("Estimated effect of percentage increases") shows the current Tariff 1
Flagfall and Mileage rates and asks the questions:
12

Page 13

'If the Tariff 1 Flagfall and Mileage were both increased by 10p, 20p, 30p  … what
would the fares be for journeys of 1 mile, 2 miles, or 3 miles?'
Appendix D is in 4 parts.
The part headed "Tariff 1" shows the current values of the flagfall and the mileage,
and then shows them increased by 10p, 20p, 30p and so on.
The part headed 'Exact Fare' gives the calculated value to the penny. Since meters
charge in 10p steps, the table also shows 'Fares rounded-down'.
The figures in 'Fares rounded-down' are used for the comparison in the part
'percentage increases' (for example, at the current Scales, a journey of 3 miles would
cost about £7.70. If a 50p increase was applied to both flagfall and mileage, the
journey would cost about £9.30. The comparison in 'percentage increases' is therefore
20.8%).
(c) general economic indicators 
2.6. Appendix C ("Economic Indicators") shows figures supplied by the Government
statistical office (the "Office of National Statistics"). These figures are updated monthly
and the document here shows the most recent "Release Date". The figures here are
counted from when the current Scales took effect in 2021.
(d) the views of the Trade 
2.7 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 E. 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. 
13

Page 14

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 William O’Brien, Solicitor (Licensing), on
wobrien@north-ayrshire.gov.uk 
Background Papers 
Appx A - Current NAC Taxi Fare Scales (from 24 May 2021)
14

Page 15

Appx B - Minute 13 June 2022 Trade Consultation mtg for Taxi Fare Review
Appx C - Economic Indicators
Appx D - Estimated effect of percentage increases
Appx E - DRAFT PROPOSED Taxi Fare Scales 
15

Page 16

Taxi Fare Scales 
Applying from and after Monday 24 May 2021 
(fixed by the Licensing Committee on Wednesday 21 April
2021) 
The scales are also shown on the Council's website - search
for "Taxi Fares" or type: 
https://www.north-ayrshire.gov.uk/business/licences-
and-permits/taxi-licences/taxi-fares.aspx 
Tariff 1 (Normal)
Up to the first 3/4 mile - £3.20
Then each mile - £2.00 (in 10p units)
Waiting: up to 10 minutes - £3.20 (and then 10p every 20 seconds or part) 
Tariff 2 (Higher)
Up to the first 3/4 mile - £3.50
Then each mile - £2.00 (in 10p units)
Waiting: up to 10 minutes - £3.50 (and then 10p every 20 seconds or part) 
Tariff 2 applies if the journey starts or ends: 
- in the period 12.00 p.m. (midnight) to 7.00 a.m. ("Night") 
- on a Sunday 
- on the following Public Holidays:
Good Friday
early May Bank Holiday
Spring Bank Holiday
Summer Bank Holiday
30 November (St Andrew’s Day) 
16

Page 17

If a Bank Holiday is on a weekend, the following Monday is treated as the Bank
Holiday 
Boundary Zone Charge 
If the journey is from the Zone for which the vehicle is licensed to another Zone in North
Ayrshire: 
- if the journey starts AND ends in the period 7.00 am to 12.00 pm (midnight) -
Tariff 2 
– if the journey starts OR ends in the period 12.00 pm (midnight) to 7.00 am -
Tariff 1 (and any extra charges) plus 50% 
Festive Period Charge 
If the journey starts OR ends on these days:
25th December
26th December
1st January
2nd January. 
Double Tariff 1 (and any extra charges) 
Extra Charges 
Soiling Charge - £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 the Tariffs and Charges that 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. 
Notes 
1. 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. 
2. Luggage shall be carried free if it is of a size which can reasonably be accommodated
in the car. 
3. The metered charge is the maximum which can be charged. The driver can always
charge less.
17

Page 18

4. Tariffs apply as soon as the journey starts and do not change. For example, if the
journey starts at 6.30 a.m. ("Night") but ends at 7.30 a.m. ("Day"), 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.
The meter can show a waiting charge if 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. 
18

Page 19

Appendix B 
1
Civic Government (Scotland) Act 1982: Taxi Fare Review 
Minute of Trade Consultation meeting under Section 17(4A)(a) held on Monday 13 June
2022 at 10.00 a.m. in the "Garnock Valley" and "Three Towns" Rooms at Cunninghame
House, Irvine. 
Councillors Present: 
Eleanor Collier (Convenor), Nairn McDonald (Vice-Convenor), and Ronnie Stalker. 
Council officers in Attendance: 
W. O'Brien, Solicitor (Licensing), A. Toal, Administrative Assistant, R. McElhone (Graduate,
Legal Services. 
Operators of Taxis in Attendance (and Licence numbers): 
Daniel Tudhope (024)
Gerry Taylor (008)
William Taylor (181)
Robbie Guidi (002)
P. Cassidy (021)
Hugh O'Neill (001)
Craig Spence (053)
Robert Chalmers (058)
Gordon Smith (034)
William Bruce (097)
Jim McDowall (249) 
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 on 17 August
2022 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 today,
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. 
19

Page 20

Appendix B 
2
Robert Chalmers (058) 
He wanted a rise. Inflation was 10% and fuel was up 25%. 
Craig Spence (053) 
He operated 7-seaters. He wanted a £4 rise as East Ayrshire Council had done. He gave the
Committee that Council's "Taxi Fares Structure" document. 
Jim McDowall (249) 
He said he spoke for the TOA. He opposed a rise. Any new fare structure would not come into
force till October 2022, and who could know what inflation would be then? The current fares
were not bad. A rise would not be an advantage at the moment. 
Robert Chalmers (058) 
There needed to be a rise. He asked "When, if not now?" It was hardly worth working. 
Jim McDowall (249) 
The cost to the public had to be considered: "We are making money". 
Gerry Taylor (008) 
There needed to be a rise ASAP. The cost of everything had gone up. 
Hugh O'Neill (001) 
There needed to be an increase like Kilmarnock. He wanted an emergency rate now. 
William Taylor (181) 
He said he had a mandate to appear for 24 Irvine Taxi Operators. 
There needed to be a fare increase. There had been a 20% increase in fuel cost in a year. 
The Council had benefitted from there being low taxi fares, because the Council was the biggest
customer for school contracts.
20

Page 21

Appendix B
3
In the league table of 349 Councils, North Ayrshire was at 310, near the bottom, with low fares,
whereas the other two Ayrshire Councils were much higher – South Ayrshire at about position
200 and East Ayrshire at position 17. This was the result of there being years and years of not
accepting fare increases – North Ayrshire had fallen further and further behind the others.
Convenor
She said that the regionality had to be considered – it was not just a question of a league table.
She asked if there were any complaints from the public about fare levels?
William Taylor (181)
There were no complaints from the public. In fact people were "more than satisfied". Sometimes
passengers commented that they thought the fares were cheap.
Robert Chalmers (058)
It was cheaper for 4 passengers to take a taxi than a bus.
William Taylor (181)
Driver retention and recruitment was an issue. Stobbart paid £50,000 to truck drivers and First
Bus paid £30,000 to bus drivers. Who would want to drive a taxi at 3.00 am if North Ayrshire only
allow 30p more? He said the taxi trade work 24/7, whereas buses and trains go off at night. He
invited Councillors to visit the TOA office or sit in the front passenger seat at night to see the
abuse and aggression the staff face.
He said Tariff 2 used to be a quarter over Tariff 1, but now it is only 30p extra: he said the
Council should go back to 'Tariff 2 is Tariff 1 plus a quarter', and they should raise Tariff 1 too.
The previous Licensing Committee Convenor (Ronnie McNicoll) had talked about giving "value
for money", but this left North Ayrshire at position 310 in the league table.
Private Hires could charge anything, and did not have to keep to the Council tariffs. Passengers
would pay more on a Saturday night.
Robert Chalmers (058)
He only had two fares while working till 4.00 a.m..
21

Page 22

Appendix B 
4
Convenor 
She asked if there was any move towards environmentally-friendly cars? 
Jim McDowall (249) 
The cost of a new car was over £24,000 but the Scottish Government grant was only £5,000.
Also, North Ayrshire Council charge for electricity, but it's free in East Ayrshire Council. 
Craig Spence (053) 
No-one was fussed at the East Ayrshire rates. The fare was £55 to Prestwick Airport. 
William Bruce (097) 
The fare from Saltcoats to Prestwick Airport was only £35. 
Craig Spence (053) 
The fare to Glasgow Airport was £55. 
W. O'Brien, Solicitor (Licensing) 
He advised the meeting that it was not legally-possible for the Council to set an emergency rate
as the only procedure available was that prescribed by the 1982 Act, and that this meeting and
the subsequent consultation were parts of that procedure. 
End of meeting 
The Convenor thanked everyone for attending. The meeting ended at 11.38. 
22

Page 23

Appendix C
North Ayrshire Council
Taxi Fare Scales Review 2022
Economic Indicators
Index Name START END Change
1 'ALL ITEMS' 110.8 121.8 109.9%
CPI INDEX 00 (2015=100)
Series ID: D7BT
2 'PURCHASE OF VEHICLES' 110.8 122.8 110.8%
CPIH INDEX 07.1 (2015=100)
Series ID: L543
3 'Motoring expenditure: 479.4 515.7 107.6%
maintenance of motor vehicles'
RPI (Jan 1987=100)
Series ID: DOCT
4 'PETROL' 114.6 165.8 144.7%
CPI INDEX 07.2.2.2 (2015=100)
Series ID: L7FP
5 'DIESEL' 113.9 167.4 147.0%
CPI INDEX 07.2.2.1 (2015=100)
Series ID: L7FO
Notes:
1 Source: 'Office for National Statistics' website (https://www.ons.gov.uk).
CPIH = 'Consumer Prices Index including owner occupiers’ housing costs'
CPI = 'Consumer Prices Index'
RPI = 'Retail Prices Index'
2 To help comparision, statistics for values changing over time are often given as
INDEX numbers, with the value when the figures were first recorded being set at
as 100. Later values can then be shown relative to 100 so that the change
between TWO later times can be shown as a percentage.
3 The current Fare Scales took effect on 24 May 2021.
4 ONS publish indicators monthly:
START (current Scales) = May 2021
END (most recent ONS data) = June 2022
ONS 'Release Date' = 20 July 2022
23

Page 24

Estimates
Appendix D
North Ayrshire Council
Taxi Fare Scales Review 2022
Estimated effect of percentage increases
Questions:
'If the Tariff 1 Flagfall and Mileage were both increased by 10p, 20p, 30p …
what would the fares be for journeys of 1 mile, 2 miles, or 3 miles?'
'Flagfall’ = fare for the first three-quarters of a mile,  ‘Mileage’ = fare for each mile after.
Fares are rounded-down to the next 10p because meters charge in 10p steps.
Tariff 1: Fares rounded-down:
Flagfall Mileage 1 MILE 2 MILES 3 MILES
Tariff 1 now: 3.20 2.00 3.70 5.70 7.70
If 10p added: 3.30 2.10 3.80 5.90 8.00
If 20p added: 3.40 2.20 3.90 6.10 8.30
If 30p added: 3.50 2.30 4.00 6.30 8.60
If 40p added: 3.60 2.40 4.20 6.60 9.00
If 50p added: 3.70 2.50 4.30 6.80 9.30
Percentage Increases: Exact fare:
1 MILE 2 MILES 3 MILES 1 MI 2 MI 3 MI.
If 10p added: 2.7% 3.5% 3.9% 3.83 5.93 8.03
If 20p added: 5.4% 7.0% 7.8% 3.95 6.15 8.35
If 30p added: 8.1% 10.5% 11.7% 4.08 6.38 8.68
If 40p added: 13.5% 15.8% 16.9% 4.20 6.60 9.00
If 50p added: 16.2% 19.3% 20.8% 4.33 6.83 9.33
Most of these figures are approximations and are only for illustration.
Page 1
24

Page 25

APPENDIX E 
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. 
Taxi Fare Scales 
Applying from and after Monday 7 November 2022. 
The scales are also shown on the Council's website - search for "Taxi
Fares" or type: 
https://www.north-ayrshire.gov.uk/business/licences-and-
permits/taxi-licences/taxi-fares.aspx 
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") 
25

Page 26

APPENDIX E
- on a Sunday 
- 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 
26

Page 27

APPENDIX E
Notes 
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. ("Night") but ends at 7.30 a.m.
("Day"), 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. 
27

Page 28

Page 29

NORTH AYRSHIRE COUNCIL 
17 August 2022   
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
b) Applications for the grant or renewal of licences and permits
under the Civic Government (Scotland) Act 1982 and other
statutes within the Committee’s remit. 
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 
Appendix B - Applications for the grant or renewal of Licences and Permits 
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."
Agenda Item 5
29

Page 30

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." 
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. 
30

Page 31

4. Implications/Socio-economic Duty 
Financial 
4.1 There are possible financial implications in relation to any Licensing decision. 
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. 
31

Page 32

Key Priorities 
4.6 An effective licensing system, for example monitoring the 'fit and proper' status of
licence-holders, the safety of vehicles, and the suitability of premises, helps progress
towards one of the Priority Outcomes of the North Ayrshire Council Plan 2019-2024:
"North Ayrshire’s residents and communities are safe." 
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 William O’Brien, Solicitor (Licensing), on
Licensing@north-ayrshire.gov.uk. 
Background Papers
None
32

Page 33

Hearings (Appendix A) 
Case 1  Private Hire Car Licence  PHCL/375 (NEW)   
Applicant   Andrew Read 
Case 2 
Applicant 
Street Trader Operator’s
Licence 
Jane Gibb 
STL/O/530
(Temporary) 
33

Page 34

Hearings (Appendix B) 
Case 1  Taxi Driver’s Licence  TDL/02026 (NEW)   
Applicant   Scott Walker 
Case 2 
Applicant 
Taxi Driver’s Licence 
Neil Morrison 
TDL/02243
(RENEWAL) 
Case 3 
Applicant 
Taxi Driver’s Licence 
Kenneth Watt 
TDL/02325 (NEW)   
34