Appendix 2 - Policy - Non-Transferability of New Taxi Operator Licences

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Appendix 2
Policy 
Non-Transferability of New Taxi Operator Licences 
Policy Statement 
For all new taxi operator licences issued under the Allocation Scheme for Additional
Taxi Operator Licences it will not be possible for a licence holder to, in effect, transfer
the interest in their licence through either notifying the Council of a material change
of circumstance to the licence or through application for variation.  This means that,
should a licence holder no longer wish to operate, the licence and related plates
must be surrendered to the Council. The Council will then reallocate the surrendered
licence to the next eligible applicant on the waiting list established under the
allocation scheme. 
Rationale 
This policy is designed to promote fairness, transparency and wider access to the
local taxi trade and to ensure that opportunities to enter the taxi trade remain open to
new applicants. By requiring the surrender and reallocation of licences, the Council
ensure that the benefits of increased accessibility and diversity in the taxi trade are
sustained over time, improving the resilience of taxi services to the public. 
Legal Basis and Exceptions 
The Civic Government (Scotland) Act 1982 empowers the licensing authority to
regulate the issuing of taxi operator licences and to attach such conditions as it
considers appropriate. The Council’s policy of non-transferability for new licences is
a proportionate and evidence-based response to the findings of the Unmet Demand
Survey and public consultation. 
This policy will apply to all licences issued under this scheme from the date of
implementation. 
Limited exceptions may be considered in exceptional cases such as death or
incapacity, subject to the Council’s approval. 
Licences granted prior to the implementation of this policy will not be affected and
may continue to be operated in accordance with existing procedures.