Democracy Spraffa

Appendix D - Representations from Perth Taxi Association

Perth and Kinross Council · 6 October 2025
Back to Licensing Committee — 6 October 2025 and its agenda

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Karen Engelberts
Licensing Manager
Legal & Governance Services
Perth & Kinross Council 
Dear Ms Engelberts 
Unmet Demand Survey
Response on behalf of Perth Taxi AssociaƟon 
1. We write to provide a wriƩen response to the current consultaƟon being conducted by
Perth & Kinross Council (“PKC”) on the subject of unmet demand for taxi services. We
provide this response by way of leƩer rather than using the online consultaƟon portal.
2. We refer to our earlier wriƩen response to the consultaƟon. A number of legal
arguments were set out in our earlier response. For the avoidance of doubt, we stand
by those arguments but, in the interests of brevity, we do not repeat them here.
3. We note (and appreciate) that you have sought to respond to a number of the issues
raised in our earlier response, but the updated report and Q&A document from LVSA
does not deal with all of the issues and certainly does not deal adequately with those it
seeks to address. Indeed, the addendum to the report illustrates that we were correct
to note that the report is (and remains) flawed and is not a proper basis on which to
proceed. 
4. For the reasons set out in this response, it remains our view that the LVSA report
(including the addendum and Q&A) (the “Report”) is fundamentally flawed and
unscienƟfic in nature, meaning it does not provide a proper or raƟonal basis on which
to proceed to determine whether there is unmet demand in Perth. It is therefore our
posiƟon that you should refuse to give any weight to the Report, and you should
determine there not to be any significant demand for the services of taxis in their area
which is unmet for the purpose of secƟon 10(3) of the Civic Government (Scotland) Act
1982.

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5. We invite you, on that basis, to find that there is no need to issue any addiƟonal taxi
licences. 
The Report is flawed
6. It now appears to be accepted by PKC that the Report requires to be properly
considered and not simply accepted at face value. It is essenƟal, therefore, that the
considerable and material deficiencies in the Report are acknowledged by PKC. A failure
to face up to those deficiencies by PKC would render any decision open to legal
challenge. 
7. We begin by making some general comments in relaƟon to the unscienƟfic nature of
the report and then, in the interests of ease of comprehension, the remainder of this
response follows the order of the Q&A document. 
UnscienƟfic CalculaƟon/ Failure to Explain
8. The Report seeks, at its heart, to draw a comparison between the 2024 data and the
data in 2017 or someƟmes (seemingly interchangeably and arbitrarily) with the 2021
data.
9. The ISUD calculaƟon is crude in its nature. Read short, it is a series of numbers which
are then mulƟplied together to give an “ISUD figure”. That figure is then assessed
against a benchmark figure of 80. It is unclear why that figure is chosen.
10. Given that the numbers are mulƟplied together, one or two of the numbers being
arƟficially inflated will, as a maƩer of basic mathemaƟcs, skew the end result. 
11. One of the numbers used is the “Percentage of passengers travelling in hours with
average queue of over one minute”.  It is recognised in the Report that “For the 2024
survey, average passenger delay was 1.23 minutes (1 minute 14 seconds)”. Bearing in
mind that LVSA accepts that the Report was prepared on a very short “snapshot” basis,

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the “Percentage of passengers travelling in hours with average queue of over one
minute” is set at 40 in the ISUG calculaƟon. 
12. Self-evidently, if one of the figures in the calculaƟon is set at 40, it is already rendered
all but impossible for the end ISUG figure to be below 80. Seƫng the figure at 40
because the waiƟng Ɵme was, on average and during the very short snapshot window,
exceeded by 14 seconds (as opposed to the 2021 data where the waiƟng Ɵme was said
to be, on average, over 2 minutes) seems to us to be a material misrepresentaƟon of
what the data really shows. 
13. It is clearly misleading in the extreme to use an arbitrary cut-off of 1 minute when the
average waiƟng Ɵme figure is over that figure by such a small amount. Nowhere in the
Report is it explained properly that, but for the 14 seconds on average, the percentage
figure in that line of the calculaƟon would be zero. Because of how the calculaƟon
works, if that figure had been zero, the end result ISUG figure would have been zero (ie
mulƟplying anything by zero produces a zero). By any reckoning, zero is materially
below the benchmark figure of 80, and the Report would have had no basis on which to
suggest there was any unmet demand at all. 
14. Bearing in mind the other flaws with the data set out below alongside (i) the very limited
window, (ii) the very small amount of data, and (iii) the fact that what data there is
appears to have been gathered by aƩaching a camera to an arbitrary selecƟon of taxi
ranks, and (iv) the general subjecƟvity inherent in the calculaƟon, the ISUG value is
simply not capable of being relied upon as a standalone basis on which to make a
decision such as this. 
15. PKC has been presented with a figure (ie the 40% figure) which would have been the
same for the purposes of the calculaƟon whether the 40% of relevant passengers had
been travelling in an hour with a wait of 90 minutes or with a wait of 90 seconds. Given
the incredibly small margin by which the average exceeds the 1 minute threshold, it was
incumbent on LVSA to have explained that to members and to provide them with other
worked examples so that they are able to make an informed decision on the data.

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16. The failure to do that is misleading at best and, given the material effect that PKC has
been told this decision will have on the livelihoods of taxi drivers, it is essenƟal that that
factor be given significant weight. 
The Railway StaƟon Rank
17. The above flaw with the Report is exacerbated by the aƩempt by LVSA to explain away
what is, by any reckoning, a material error in having used data from the Railway StaƟon
rank. The Railway StaƟon rank is not a rank that is capable of being used by all taxis.
That has now laƩerly been accepted in the addendum to the report, but it is noted as
follows:
“It is the view of LVSA that all locaƟons where taxis commonly wait for fares, including
formal ranks, informal ranks and ranks on private grounds, should be included in an
unmet demand the assessment.  Taxis which wait at informal locaƟons and private ranks
are not available at other locaƟons, including public ranks.”
18. It is unclear in the extreme what relevance that statement has to the ISUD calculaƟon.
For example, there is no line in the equaƟon which takes into account how many taxis
were waiƟng at the staƟon whilst there were none at another rank where passengers
were waiƟng. It seems to be an aƩempt to explain away a material error in the Report. 
19. The Report sought to use data from a rank at which only selected taxis can collect
passengers to suggest that the whole of Perth requires more taxis. The backtracking
aƩempt to say “it would not have maƩered anyway” belies the wholly subjecƟve and
unscienƟfic nature of the calculaƟon.
20. In effect, the addendum and Q&A indicate that the data is arbitrary. As long as LVSA are
able to demonstrate that they witnessed a percentage of people waiƟng at any
arbitrarily chosen rank for longer than 1 minute (even if, as here, by only a few seconds),
the ISUD calculaƟon will inevitably suggest that there is unmet demand. It is a wholly
unreliable report, made worse because of the selecƟve and subjecƟve manner in which
it has been carried out.

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21. That PKC has failed to recognise the material deficiencies in the Report is clear by the
parroƟng in the Q&A of the aƩempted explanaƟon by LVSA. That is a material error
which must be recognised and acknowledged because it undermines the credibility of
the Report as a scienƟfic exercise. 
LoŌ Rank, South Street
22. The explanaƟon of the manner in which the data from this rank has been used makes
no sense. It is wholly incredible in our experience to suggest that there were no rank
hires or waiƟng taxis. 
23. This rank is well used, and cars regularly queue there from approximately 11pm when
the rank is open. That suggests to us that one of two things has happened: (i) the data
has not been analysed correctly, or (ii) the data is wholly unrepresentaƟve of the usual
manner in which that rank operates. In either of those cases, the data in the report has
been skewed to a material extent. 
24. Again, there appears to be no explanaƟon in the Report of the manner in which small
changes to the data could have considerable effects on the ISUG calculaƟon. The Report
is misleading in that it gives to PKC members a false impression of the extent to which
the conclusions are (i) supported and (ii) definiƟve. 
WaiƟng Times
25. The Q&A gives a misleading indicaƟon of what the data suggests on waiƟng Ɵmes. 
26. Whilst the Report concludes that “The average waiƟng Ɵme for all passengers who had
to wait for a taxi during the 2024 survey was significantly longer than the observed
average wait Ɵme during the 2017 survey, of 2 minutes and 8 seconds”, the reason for
that is enƟrely clear if one looks back to the preceding paragraph.  That preceding
paragraph notes as follows:
“The maximum wait Ɵme observed during the 2024 survey was 39 minutes 30 seconds.”

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27. It is, again, a basic maƩer of mathemaƟcs that, if an outlier figure of that nature is
included in the average, it will skew the figures. On a proper scienƟfic basis, that clear
outlier figure (assuming it to be accurate) should have been discounted from the
calculaƟon of the average. Otherwise, the snapshot nature of the exercise gives an
enƟrely misleading view of the underlying reality. 
28. We do not have access to the underlying data but it seems to us enƟrely like that, if the
outlier figure had been discounted, the 2024 average would have been significantly
reduced. That would have been a fairer and more balanced comparison figure to use.
29. That this is not explained in the Report is a significant concern to us. It indicates that the
Report sets out to prove a pre-determined conclusion rather than following the data in
a fair and scienƟfic manner. It is essenƟal that PKC recognises this flaw.
30. In any event and by any reckoning, the snapshot data from 2024 is now considerably
out of date. There is a very real limit to which it can possibly be taken to be
representaƟve – if ever it was. It is our posiƟon that a new survey ought to be carried
out, on a more scienƟfic basis, in order to get a set of data that is more accurately
representaƟve of the reality in the city. 
Period of Survey and Sample Size
31. We enƟrely appreciate that proporƟonality must be factored into the carrying out of
these exercises. That being said, the effect of a decision premised on flawed data will
have a disproporƟonate effect on the livelihoods of exisƟng taxi drivers in Perth. It is,
therefore, incumbent on PKC either (i) to ensure that the period is long enough to
provide a representaƟve snapshot, or (ii) to use a shorter period but to adjust the figures
to remove outlier results which skew the data. 
32. It seems to us that neither of those things happened here. Instead, a very short period
of Ɵme was used and a very small data set of consultaƟon responses, which has created
a completely unrepresentaƟve data source, and a wholly unscienƟfic approach has been

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taken whereby the black and white snapshot data is not adjusted to make it more
representaƟve.
33. Simply noƟng that “seasonal variaƟons are taken into account” does not resolve the
issue. If, for example, as noted above, a single passenger has an extremely unusual
waiƟng Ɵme, that will affect the whole of the data set. It is, therefore, important to
prevent that from happening or at least to present the data with a spectrum of
possibiliƟes. Instead, the Report presents the data as black and white. That is a very
serious error which must be taken into account. 
Inconsistent comparisons of populaƟon data
34. There remain issues with the populaƟon data and how it has been used. It is insufficient
to suggest, as is done in the Q&A document, that it is not pracƟcable to make
comparisons on a zone-by-zone basis. 
35. The reality is that we are talking about taxi licences for a specific zone in Perth. We are
not talking about the whole of Perth and Kinross local authority area. We previously
made the point in our earlier response, but we repeat it here as conƟnuing to be a
concern to us.
36. Much is made of the licensed vehicle per 1,000 populaƟon in the Report, but the
populaƟon figure used on page 2 is 153,810. That is the total populaƟon of Perth and
Kinross. The Report does not collect data over the whole local authority area. It focuses
only on Perth City. In the 2022 census, Perth City had a populaƟon of 47,893. This is all
informaƟon readily available on the council’s own website1 so there is no reason why it
would not have been available to LVSA. The reliance on the larger populaƟon figure to
exaggerate the raƟo of vehicles to populaƟon is misleading at best. 
1 hƩps://www.pkc.gov.uk/arƟcle/15093/PopulaƟon-and-the-Census

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37. Again, this is a flaw that PKC is required to take into account. It makes the Report an
unreliable basis on which to make the decision that PKC is being asked to make.
Effect on exisƟng drivers
38. One very relevant factor to the decision-making process must be the extent to which
the decision will affect exisƟng drivers. The Q&A notes baldly:
“It is likely that 24 addiƟonal licences would influence both demand for taxis and supply
of taxis. It is unlikely that the introducƟon of 24 new licences would result in 24 licences
leaving the fleet.”
39. That statement is not made on the basis of any data as far as we are able to tell. PKC
has shown no interest in the issues that are affecƟng exisƟng taxi drivers without adding
to those concerns by puƫng in doubt whether their business will even remain viable.
We menƟon, in parƟcular, the increasing level of anƟ-social behaviour and violence
faced by drivers in their taxis. AddiƟonally, the increasing level of non-payment and
passengers booking with more than one company and failing to cancel the booking,
resulƟng in wasted journeys for the drivers. PKC may be aware that, for example, Police
Scotland is taking up to four weeks to respond to any reports of non-payment. The
overall working condiƟons for drivers at the moment are very difficult for a number of
reasons.
40. As a result of the new condiƟon that all new licences must be wheelchair accessible
vehicles, PKC is increasing the cost for new intrants whilst diluƟng the revenue stream
into which they are entering. There is no data that suggests that, on a large scale, there
is a demand for wheelchair accessible taxis that is going unmet. It appears to be a
soluƟon in search of a problem. 
41. The taxi industry in Perth does not need diluƟon; it needs help. There has been no
consideraƟon of that at all throughout this process.
Use of earlier consultaƟon responses

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42. We understand it is the intenƟon of PKC to have regard to the previous responses
received in relaƟon to the earlier stage of this consultaƟon. Whilst we take no issue with
that in principle, it is incumbent on PKC to have regard to the iniƟal response having
been made when there was no opƟon to select “no change”. Therefore, given that
anyone who completed the first round of this consultaƟon by way of online response
had to select either 24 new plates or unlimited new plates, the number of people to
made that response will be materially overstated. It is impossible for PKC to know how
many of those people would have selected “no change” if that opƟon had been
available to them.
43. It will, therefore, not raƟonally be open to PKC to rely on those numbers.
44. AddiƟonally, we are aware that a number of people responded to this extended
consultaƟon with a request that their laƩer response supersede what they had said
previously (when certain outcomes were not available opƟons). We are aware that a
number of those people asked for confirmaƟon from PKC that their earlier response
would be disregarded, but no such confirmaƟon has yet been given. Unless a second
response incorporates the earlier response, PKC should not be relying on the earlier
response. 
Conclusion
45. For all of those reasons, it is our view that there is no proper basis on which it can be
said that there is significant unmet demand in Perth City. It would be wholly irraƟonal
of PKC to rely on such a flawed report and such an inadequate consultaƟon process as
providing any lawful basis for an alternaƟve determinaƟon. The Report should be
recognised as being unscienƟfic and misleading, and should be given no weight at all in
the decision-making process.
46. There is no need for the current maximum number of taxi plates to be increased, and
we accordingly invite PKC to refuse to permit any further plates to be issued.

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Karen Engelberts
Licensing Manager
Legal & Governance Services
Perth & Kinross Council
Sent by email to:- civiclicensing@pkc.gov.uk 
Dear Ms Engelberts 
Unmet Demand Survey
Response on behalf of Perth Taxi AssociaƟon 
1. We write to provide a wriƩen response to the current consultaƟon being conducted by
Perth & Kinross Council (“PKC”) on the subject of unmet demand for taxi services. We
provide this response by way of leƩer rather than using the online consultaƟon portal
because, as set out in more detail below, it is our view that the online version of the
consultaƟon is parƟal, unfair, and fails to comply with the requirements of a lawful
consultaƟon. 
2. This response makes the following three broad representaƟons which are expanded
upon below:
a. PKC has misdirected itself as to the nature of the LVSA Report from December
2024 (the “Report”) in that it regards itself to be bound by it. 
b. The Report is flawed and should not be followed. 
c. The consultaƟon has not been conducted lawfully, and the outcome appears to be
pre-determined.
3. In the interests of clarity, those three representaƟons are dealt with separately below. 
MisdirecƟon in relaƟon to the Report
4. We provided to you some comments on 5 May 2025 in relaƟon to the flawed nature of
the consultaƟon. By response on 9 May 2025, you said the following:

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“As the survey indicates that there is a significant demand which is unmet, the Council
now has no legal basis on which to refuse an applicaƟon for a taxi licence in Perth City
on the grounds that it exceeds the exisƟng limit.”
5. That statement is incorrect as a maƩer of law. You will be aware that PKC as the
licensing authority must comply with the provisions of inter alia secƟon 10 of the Civic
Government (Scotland) Act 1982. That includes secƟon 10(3) which requires the
licensing authority to consider whether it is saƟsfied that there is no significant demand
which is unmet. 
6. A statutory power of decision-making must be exercised by the person on whom the
power has been conferred and not deferred to another person: Shahid v Scoƫsh
Ministers 2016 SC (UKSC) 1. PKC is not permiƩed, therefore, to abdicate responsibility
by saying that, because the report reaches a conclusion, PKC is bound by it. That is not
correct. PKC is under a duty to analyse and consider the report, and to quesƟon its
analysis, before ulƟmately coming to a view of its own in relaƟon to significant unmet
demand. 
7. In doing so, it is a requirement that all relevant factors be considered: cf City Cabs
(Edinburgh) Ltd v City of Edinburgh District Council 1988 SLT 184. In these circumstances,
the representaƟons made during this consultaƟon are one such relevant factor in order
to gain an understanding of the actual experience of those who use and operate taxis
in Perth. It is impermissible to restrict the consultaƟon arƟficially as if certain opƟons
are no longer open to PKC when that is not, in fact, the case.
8. We deal in more detail below with the issue of pre-determinaƟon in relaƟon to the
adequacy of the consultaƟon which also touches on this issue but, for the purposes of
this secƟon of this response, it is clear that you are simply incorrect to say that the
Council now has no legal basis on which to refuse an applicaƟon for a taxi licence in
Perth City on the grounds that it exceeds the exisƟng limit. Such a statement is a
feƩering of the PKC’s discreƟon, meaning any decision taken in reliance on that
statement is liable to challenge.

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9. PKC is not bound to accept the conclusions of the Report.
The Report is flawed and should not be followed
10. Having established below that the Report requires to be properly considered and not
simply accepted at face value, we set out in this secƟon the manner in which the Report
is flawed.
11. The Report is premised on a single 72-hour period between Thursday and Sunday. It
must be seen and understood in that context as a snapshot which cannot possibly be
indicaƟve of the whole experience of taxi users and operators. Similarly, the data
collected come from only five taxi ranks as is made clear at page 8 of the report. Of
those five ranks, one is them is not capable of being used by every taxi, and no account
appears to have been taken of the fact that certain ranks (because of their locaƟon) will
be busy at different Ɵmes. A rank outside a supermarket will not be busy at the same
Ɵme as a rank outside a nightclub. Taxi drivers are well aware of when the train staƟon
is likely to be busy and will plan accordingly. 
12. Separately, despite the Report suggesƟng that the rank at The LoŌ nightclub was
surveyed, that rank was not surveyed at all. That is a major flaw and makes the data
within the Report wholly unreliable.
13. We take issue with the enƟrely unscienƟfic method by which the data has been
recorded. The Report notes that: 
“Surveys were undertaken using video cameras which recorded acƟvity at the ranks
from Thursday to the following Sunday morning. The video footage of each rank was
processed to assess the level of usage of each rank and to record any incidences of
passenger waiƟng. Footage was recorded from 7:00 on Thursday 20th June 2024 to 7:00
on Sunday 23rd June 2024.”
Put another way, LVSA has aƩached a camera to each rank and then observed the
footage later. There was nobody from LVSA at the ranks when the data was being

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collected. This is problemaƟc for a number of reasons. It is impossible to take account
of what may have been happening in the local area at the Ɵme of collecƟng the data if
nobody was there. A road being closed because of an incident off camera would simply
not be capable of being taken into account in the assessment of the data because LVSA
would not know about it. That notwithstanding, the report does go on to make
assumpƟons and to state them as categorical fact on occasion. A parƟcular example at
page 9 is as follows:
“It should be noted that not all passengers observed waiƟng for a taxi, actually boarded
a taxi. 40 intending passengers leŌ the ranks in frustraƟon, having waited at the rank
for a taxi to arrive.”
14. People leave a taxi rank without geƫng into a taxi for all manner of reasons. They may
have arranged a liŌ with a friend, decided not to travel at all, or decided to travel later.
To suggest without any foundaƟon whatsoever that 40 passengers leŌ the rank in
frustraƟon is not possible when LVSA did not have anyone there to speak to the people
and ask them.  That such a comment is made in the report is indicaƟve of the report
seeking to provide a basis for a finding of unmet demand rather than scienƟfically
carrying out a survey in order to see what conclusion is reached. 
15. Separately, the comparisons with 2017 and 2021 are not apt. The habits of the public
have fundamentally changed since the covid-19 pandemic. The Report makes a passing
reference to that changed behaviour in the execuƟve summary, but then goes on to pay
it no aƩenƟon at all when comparing the figures:
“Clearly, the way in which taxis operate has changed. The way in which people hire
licensed vehicles has also changed, with more people prebooking hires for immediate
travel.”
16. Seeking to draw comparisons with the manner in which people used to use taxis is not
comparing like with like. The 2017 data is simply too old to be at all useful, and the use
of the 2021 data also appears to be wholly arbitrary and inconsistent throughout the

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report. For example, if one has regard to the comparison figures used in the ISUD value
on page 54, it is noted that:
“For the 2024 survey, average passenger delay was 1.23 minutes (1 minute 14 seconds),
this compares with the 2021 survey, when the average passenger delay was 2.17
minutes (2 minutes 10 seconds).”
But, when one looks back to page 9 when those averages are being discussed, it is clear
that the 2024 average figure is of that for all passengers, including those who did not
have to wait whereas the 2021 figure is that for only those passengers who had to wait. 
Had the proper comparison figure been used from 2021, it would have been 3 minutes
and 25 seconds, showing a considerably longer wait in 2021 than in 2024. No
explanaƟon is given by LVSA for this arbitrary use of non-comparable figures. 
17. There are real and material issues with the methodology adopted by LVSA. Much is
made of the licensed vehicle per 1,000 populaƟon in the Report, but the populaƟon
figure used on page 2 is 153,810. That is the total populaƟon of Perth and Kinross. The
Report does not collect data over the whole local authority area. It focuses only on Perth
City. In the 2022 census, Perth City had a populaƟon of 47,893. This is all informaƟon
readily available on the council’s own website1 so there is no reason why it would not
have been available to LVSA. The reliance on the larger populaƟon figure to exaggerate
the raƟo of vehicles to populaƟon is misleading at best. 
18. Separately, there is no reference at all in the Report to the difference between a lack of
cars on one hand (which does not exist) and a lack of drivers on the other. This is a
substanƟal oversight within the Report. ConsideraƟon really needs to be given to how
a lack of drivers links to the current or proposed number of plates. Furthermore, there
is a confusion in the Report about the current number of plates. The 80 plates currently
issued include two cars that are necessarily held in reserve. Those two cars are really 
1 hƩps://www.pkc.gov.uk/arƟcle/15093/PopulaƟon-and-the-Census

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now in abeyance and not on the road. They should not be counted among the cars said
currently to be on the road. 
19. Furthermore, two significant numbers in the ISUD value calculaƟon on page 54 are the
25.3% of weekday off peak hours, and the 40% of passengers with an average wait of
over a minute. In relaƟon to the first of those, because of the snapshot 72-hour period
over which the report data was collected, that can only refer to off peak Ɵmes on the
Thursday and Friday. Fridays are, of course, significantly busier than other weekdays
but, more generally, a two-day snapshot is an unscienƟfically short period of Ɵme over
which to assess data if one is then going to seek to extrapolate a figure like that one.  In
relaƟon to the second figure, the average wait of over 1 minute was 14 seconds. It is
clearly misleading in the extreme to use an arbitrary cut-off of 1 minute when the
average waiƟng Ɵme figure is over that figure by such a small amount. 
20. Both of those figures skew the ISUD calculaƟon on page 56 to such an extent that it is
effecƟvely rendered pointless. In parƟcular, because the figures in that table are
mulƟplied together to give the total, even a relaƟvely modest reducƟon in the 40 figure
(ie the second figure discussed above) would have had a substanƟal and material effect
on the boƩom-line number. The ISUD figure has, unfortunately, been rendered all but
meaningless because of the arbitrary approach that has been taken by LVSA to its
calculaƟon. There is, therefore, no evidence – or certainly no reliable evidence – of any
unmet demand let alone any significant unmet demand. 
21. That must, therefore, lead to the conclusion that there is no need for any addiƟonal
plates to be issued at all. Given that possible opƟon was omiƩed from your online
consultaƟon, we are only able to make that representaƟon in this manner. 
Inadequacy of the consultaƟon process
22. This final secƟon deals with the inadequacy of the consultaƟon process as a maƩer of
law.

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23. If a public body chooses to consult on a maƩer, it is required to do so lawfully. In R
(Coughlan) v North and East Devon Health Authority [2001] QB 213 at §108, the English
Court of Appeal determined as follows:
“It is common ground that, whether or not consultaƟon of interested parƟes and the
public is a legal requirement, if it is embarked upon it must be carried out properly. To
be proper, consultaƟon must be undertaken at a Ɵme when proposals are sƟll at a
formaƟve stage; it must include sufficient reasons for parƟcular proposals to allow those
consulted to give intelligent consideraƟon and an intelligent response; adequate Ɵme
must be given for this purpose; and the product of consultaƟon must be conscienƟously
taken into account when the ulƟmate decision is taken.”
24. Those principles derive from the decision in R (Gunning) v Brent LBC [1985] 84 LGR 168
and are usually known as the “Gunning principles”. Whilst they derive from an English
court decision, they are regularly referred to and applied in Scoƫsh courts: eg Cains
Trustees (Jersey) Limited and Cains Fiduciaries (Jersey) Limited as Trustees for the
Eastgate Unit Trust [2024] CSOH 80. They are, therefore, a good summary of the broad
principles that will be required in order for any consultaƟon process to be lawful: (i)
consultaƟon must be at a Ɵme when proposals are sƟll at a formaƟve stage, (ii) the
consulƟng authority must give sufficient reasons for any proposal to permit of
intelligent consideraƟon and response, (iii) adequate Ɵme must be given for
consideraƟon and response, and (iv) the product of any consultaƟon must be
conscienƟously taken into account by the decision maker.
25. The adequacy of the consultaƟon process is an inherent element of procedural fairness
and the sufficiency of the legal inquiry that is carried out: R (Help Refugees) v Secretary
of State for the Home Department [2018] 4 WLR 168 at §90.
26. The consultaƟon being undertaken by PKC is in breach of the Gunning principles. It is
clear that PKC has determined that the status quo will not be considered and, instead,
it is simply a maƩer of how many new plates are to be issued. The consultaƟon is
therefore not being conducted when the proposals are at a formaƟve stage. That is

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evident from the first page of the online consultaƟon where one cannot move beyond
the first quesƟon without selecƟng an increase in the number of plates. 
27. Separately, PKC is required to provide details not just of the general proposals but of
what factors are likely to be of substanƟal importance to the decision and the basis
upon which the decision is likely to be taken: R (Eisai) v NaƟonal InsƟtute for Health and
Clinical Excellence [2008] EWCA Civ 438 at §66. No such details have been given to
permit of intelligent consideraƟon and response beyond poinƟng out the flaws in the
Report as set out above. 
28. It is also apparent that PKC has closed its mind to the opƟon of maintaining the status
quo. Again, that is evidenced from the online consultaƟon form. Pre-determinaƟon is a
form of apparent bias: Miller v Health Service Commissioner for England [2018] PTSR
801 at §§57 and 66. 
29. PKC has closed its mind prior to the making of the decision and is unwilling (and indeed
has made the online form such that no aƩempt can even be made) to be swayed no
maƩer what evidence is provided, and any decision that follows is therefore likely to be
unlawful and subject to challenge: R (Lewis) v Redcar and Cleveland Borough Council
[2009] 1 WLR 83 at §96; Electronic Collar Manufacturers AssociaƟon v Environment
Secretary [2019] EWHC 2813 (Admin) at §140.
Conclusion
30. For all of the reasons set out above, it is our view that there is no proper basis on which
it can be said that there is significant unmet demand in Perth City. It would be wholly
irraƟonal of PKC to rely on such a flawed report and such an inadequate consultaƟon
process as providing any lawful basis for an alternaƟve determinaƟon. 
31. There is, therefore, no need for the current maximum number of taxi plates to be
increased, and we accordingly invite PKC to refuse to permit any further plates to be
issued.

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9 
We would, of course, be willing to discuss any of the issues raised in this response.
AddiƟonally, we look forward to having the opportunity to make oral representaƟons to the
council in due course. 
Yours sincerely