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Civic Government (Scotland) Act 1982 - Licensing Fees in Preparation for Licence Renewals

Argyll and Bute Council · 24 January 2024
Back to Planning, Protective Services and Licensing Committee — 24 January 2024 and its agenda

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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE
SERVICES AND LICENSING
COMMITTEE
LEGAL AND REGULATORY
SUPPORT
24 JANUARY 2024 
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - LICENSING FEES IN
PREPARATION FOR LICENCE RENEWALS 
1. EXECUTIVE SUMMARY 
1.1 The purpose of this report is to update members on preparations for
the renewal of licences granted under the Civic Government
(Scotland) Act 1982, as well as inviting members to approve the
revision of the respective fees and conditions which apply to these
licences. 
2. RECOMMENDATIONS 
2.1 PPSL Members are asked to note and approve the contents of this
report. 
2.2 PPSL Members are asked to recommend to Council that fees for all
Civic Government licences be increased as detailed in Appendix 1. 
2.3 PPSL Members are asked to recommend to Council that licences
currently subject to a fixed three year period and due for renewal in
June 2024 continue to be granted on that basis.

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1.     SUMMARY 
1.1 The purpose of this report is to advise members on various
issues in relation to Civic Government Licensing. 
1.2 Section 12 of the Civic Government (Scotland) Act 1982 provides
that the Council must seek to ensure that fees it charges in
respect of taxi and private hire car licences and applications are
sufficient to meet the expenses it incurs in carrying out its
functions in relation to those licences. Paragraph 15 of Schedule
1 to the 1982 Act also seeks to ensure that all fees received are
sufficient to meet the Council’s expenses incurred in exercising
their business under Part 1, Part 2 and Schedule 1 of the 1982
Act. Members are now invited to consider the issue of licence
fees in anticipation of the new three year renewal period
beginning in June 2024. 
1.3 The majority of licences (approximately 500) fall due for renewal
at the end of June 2024. This report details the position in relation
to the renewals of those licences. 
2.     RECOMMENDATIONS 
2.1 PPSL Members are asked to note and approve to note the
contents of this report. 
2.2 PPSL Members are asked to recommend to Council that fees for
all Civic Government licences be increased as detailed in
Appendix 1. 
2.3 PPSL Members are asked to recommend to Council that licences
currently subject to a fixed three year period and due for renewal
in June 2024 continue to be granted on that basis. 
3.  LICENSING FEES 
3.1 At the meeting of the PPSL Committee on 21st March 2018, it was
agreed that licences continue to be granted for a three year period
for the licences due for renewal in June 2018. It is proposed that
this continues in line with ongoing three yearly renewals.
ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE
SERVICES AND LICENSING
COMMITTEE
LEGAL AND REGULATORY
SUPPORT
24 JANUARY 2024 
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - LICENSING FEES IN
PREPARATION FOR LICENCE RENEWALS

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3.2 As the June 2024 renewal period is approaching, a proposed list
of fees are contained in Appendix 1. These proposed new fees
represent a 5 to 6.91% year on year increase in line with salary
increases from 2021 on all of the fees currently charged. This
increase is proposed as Civic Government Licensing Fees have
not risen since June 2021, and any new fees will be set until June
2027. A review of the net cost of the licensing function has also
confirmed that the increase is required to ensure this element is
cost neutral. Members are invited to approve the proposed list of
new fees. 
3.3 It should be noted that taxi driver licences, private hire car driver
licenses, booking office licenses and skin piercing and tattoo
operator licenses do not fall within the fixed three year renewal
period but are granted for a period of three years from the date of
grant of the licence. 
4.  PREPARATION FOR LICENCE RENEWALS 
4.1 It is proposed that reminder letters will be issued to all licence
holders once the application fees have been confirmed. Licence
holders will be asked to lodge their applications for renewal as
soon as possible. A copy of the reminder letter is attached as
Appendix 2. Applications will be dealt with in the order that they
are received. 
4.2 Applicants will be advised of the provisions of Paragraph 8 of
Schedule 1 to the 1982 Act which provides that if an application is
made for the renewal of a licence before its expiry, the existing
licence shall continue to have effect until the application for
renewal has been determined. 
4.3 Consultation will take place with Police Scotland and
Environmental Services in relation to the renewal process. 
4.4 Members should note that it is intended to utilise staff who have
had previous experience of Civic Government Licensing to assist
in the renewal process. 
4.5 Applications for renewal of licences are not advertised at the Area
Offices. There is still however the 28 day period where
objections/representations can be lodged and no application for
renewal can be granted prior to the expiry of that period. Therefore,
if an application for renewal is received on the 30th June 2024, the
earliest possible date that it can be dealt with is 29th July 2024 if all
the paperwork has been provided by the applicant, no
objections/representations have been made and all relevant
responses have been received. 
4.6 All applications are inserted in a register which is available online
for public inspection. By virtue of Paragraph 14 of Schedule 1 to
the 1982 Act, the Licensing Authority requires to keep a register of

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all applicants for licences under the Act. It also requires that as
soon as reasonably practicable after the receipt of each
application, details of such receipt and details of the final decision
of each application may be entered into the register. 
4.7 The register must include a note of the type and terms of each
licence granted by the Licensing Authority; and a note of any
suspension, variation of terms or surrender of a licence. 
4.8 The register requires to be open for public inspection at such
reasonable times and places as may be determined by the
Licensing Authority. The register for Argyll and Bute has been
maintained online since 1st April 2015. 
4.9 The application forms for all Civic Government licences will also be
amended to include a statement which advises the applicant of the
Council’s participation in the National Fraud Initiative and that
information about licences granted will be shared with other
agencies for the purpose of preventing fraud. 
4.10 Furthermore, the privacy statement on all application forms has
been reviewed and revised by Council officers in light of the new
General Data Protection Regulation (GDPR) regulations. 
5.  CONCLUSIONS 
5.1 Once the new licensing fees have been approved the renewal
notices will be issued. 
5.2 Continuing with the three year renewal period is fair to all licence
holders. Issuing reminder letters to current licence holders advising
of the status of their existing licence during the period their
application is being dealt with will clarify the position. 
6.  IMPLICATIONS 
6.1 
6.2 
6.3 
6.4 
6.5. 
Policy: No changes are proposed at this time. 
Financial: Financial implication are set out in the report. 
Legal: The Council will require to implement any
legislative changes set out in the report as and
when they come into force. 
HR: None. 
Fairer
Scotland
Duty: 
6.5.1  Equalities: None. 
6.5.2  Socio-economic duty: None.

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6.6 
6.7 
6.8 
6.5.3  Islands: None. 
Risk: 
Climate 
Change:
None 
None 
Customer
Service:
None. 
APPENDICES 
1. List of Proposed Changes to Licence Fees 
2. Standard Letter to Licence Holders for Licence Renewals 
Executive Director: Douglas Hendry, with responsibility for Legal &
Regulatory Support 
Policy Lead: Councillor Kieron Green 
David Logan 
Head of Legal & Regulatory Support
6th December 2023 
For further information contact:  Margaret Moncur 
Appendix 1 – List of Proposed Fees from 1 April 2024 
Appendix 2 -  Reminder Letter