Agenda Document Pack - Regulatory Functions Board - 06/02/2025
Renfrewshire Council · 6 February 2025
Back to Regulatory Functions Board — 6 February 2025 and its agenda
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28/01/2025 Notice of Meeting and Agenda Regulatory Functions Board Date Time Venue Thursday, 06 February 2025 10:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Membership Councillor John McNaughtan (Convener): Councillor Cathy McEwan (Depute Convener): Councillor Audrey Doig: Councillor Neill Graham: Councillor Lisa-Marie Hughes: Councillor Janis McDonald: Councillor Kevin Montgomery: Councillor Sam Mullin: Councillor Emma Rodden: Councillor Andy Steel: Hybrid Meeting Please note that this meeting is scheduled to be held in the Council Chambers. However, it is a hybrid meeting and arrangements have been made for members to join the meeting remotely should they wish. Further Information This is a meeting which is open to members of the public. A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk Members of the Press and Public Members of the press and public wishing to attend the meeting should report to the customer service centre where they will be met and directed to the meeting. MARK CONAGHAN Head of Corporate Governance Page 1 of 18
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28/01/2025 Items of business Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. 1 Civic Government (Scotland) Act 1982: Review of Taxi Fares within Renfrewshire Report by Director of Finance & Resources. 7 - 18 2 Grant of Skin Piercing and Tattooing Licence - Personal Appearance Submit the undernoted application for grant of a Skin Piercing & Tattooing Licence. The applicant has been asked to appear personally for the first time together with the objector to the application:- Applicant: Stephanie Mullen Premises: Unit A, 68 Hight Street, Johnstone 3 Grant of Private Hire Car Operators' Licences - Personal Appearances Submit the undernoted applications for grant of Private Hire Car Operators’ Licences. The applicants have been asked to appear personally:- (a) Iain Macrae (b) Daniel Robert Buttar 4 Surrender and Re-issue of Taxi Operators' Licences Submit the undernoted applications for surrender and re-issue of Taxi Operators’ Licences. Applicants (a) have been asked to appear personally:- (a) Present Operator: Kenneth Cook Proposed Operator: Andrew Buchanan Licence No.: TX051 (b) Present Operator: David Clark Proposed Operator: Archie McLellan Licence No.: TX090 Page 3 of 18
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28/01/2025 (c) Present Operator: Carol Purse Proposed Operator: George Doris Licence No.: TX113 Exclusion of Press and Public The Board may by resolution exclude the press and public from the meeting during consideration of the following items of business as it is likely, in view of the nature of the business to be transacted, that if members of the press and public were present there would be disclosure to them of exempt information as defined in paragraph 3 of part I of schedule 7A of the Local Government (Scotland) Act 1973. (d) Present Operator: Malcolm Mearns Proposed Operator: Gary McFarlane Licence No.: TX094 5 Grant of Taxi Driver's Licence - Personal Appearance Submit the undernoted application for grant of a Taxi Driver’s Licence. The applicant has been asked to appear personally:- Ali Asanousi Musbah 6 Grant of Private Hire Car Operators' Licences Submit the undernoted applications for grant of Private Hire Car Operators’ Licences. Applicants (a), (b) and (d) have been asked to appear personally:- (a) Mohammed Gobara (b) Hussein Suliman (c) Nayef Alnayef (d) Yassin Mohamad 7 Grant of Private Hire Car Drivers' Licences Submit the undernoted applications for grant of Private Hire Car Drivers’ Licences. Applicant (b) has been asked to appear personally together with Police Scotland who has submitted an objection to application (b):- (a) Yassin Mohamad (b) Thomas Edward Smart (c) Oladipo Odutayo (d) Muhammad Sohaib (e) Pishwa Ahmadpour (f) Zabihullah Doost Mohammad 8 Hearing into Possible Suspension or Revocation of Private Hire Car Driver's Licence - Personal Appearance Consider the possible suspension or revocation of the undernoted Private Hire Car Driver’s Licence. The licence holder has been asked to appear personally together with Police Scotland:- Page 4 of 18
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28/01/2025 Licence holder: Kevin Kerr Licence No.: P0495 Adjournment The meeting will adjourn following consideration of item 8 and reconvene at 1.30 pm. 9 Renewal of Private Hire Car Drivers' Licences - Personal Appearances Submit the undernoted applications for renewal of Private Hire Car Drivers’ Licences. The applicants have been asked to appear personally together with Police Scotland who has submitted a representation to application (a) and an objection to application (b):- (a) Applicant: Aminul Islam Licence No.: P0234 (b) Applicant: Daniel Gillies Licence No.: P0722 10 Variation of Taxi Operator's Licence - Personal Appearance Submit the undernoted application for variation of a Taxi Operator’s Licence. The applicant has been asked to appear personally:- Applicant: Andrew McCallum Variation: to operate a non wheelchair accessible vehicle Licence No.: TX212c Page 5 of 18
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___________________________________________________________________ To: Regulatory Functions Board On: 6 February 2025 ___________________________________________________________________ Report by: Director of Finance and Resources ___________________________________________________________________ Heading: Civic Government (Scotland) Act 1982: Review of Taxi Fares within Renfrewshire ___________________________________________________________________ 1. Summary 1.1 At a meeting of the Regulatory Functions Board on 14th November 2024, there was submitted a report by the Director of Finance and Resources relative to the review of taxi fares applying within Renfrewshire. 1.2 At that meeting the Board agreed, after considering responses to an initial consultation, to advertise a proposal to fix a new fare scale. The agreed proposal involved: (a) an increase in the Flag Fall from £4.05 to £4.35; (b) an increase in the additional distance charge, by retaining the unit charge of 30p but changing the measure of distance from 267 yards to 252 yards; (c) an increase in the waiting time charge from 42 to 45p, based on the existing unit of 2 minutes (or part of that period); (d) various changes to the additional charges on the existing tariff, including: (i) an increase to the charge for passengers in excess of four passengers from 70p to 75p; (ii) increases in the existing late night charges from £1.90 to £2 and from £2.30 to £2.45, respectively; (iii) an increase in the additional charges during the festive period from £1.20 to £1.25; and (iv) an increase in the soiling charge from £50 to £100. The agreed proposal also included an increase in the Glasgow Airport pick up and drop off charge from £5 to £5.50. The Board agreed that Item 1 Page 7 of 18
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the proposed scale would be advertised, allowing representations to be made within one month. 1.3. The Board agreed a proposed date of 14th April 2025 for the proposed fare scale to come into effect. The Board also agreed that a report would be submitted to a future meeting of the Board to allow a taxi fare scale to be fixed. 1.4. An advertisement detailing the proposal was advertised in the press on 4th December 2024 and provided that any person wishing to make representations on the proposal must do so in writing no later than 4th January 2025. The advertised proposal is attached at Appendix 1 to this report. The procedure followed as detailed above is set out in Section 17 of the Civic Government (Scotland) Act 1982, as amended (“the Act”). 1.5 In response to the advertisement, one representation was received, from Renfrewshire Public Hire Association (“the Association”). The Association note that the Board’s agreed proposal reflected most of their recommendations, with the exception of the Glasgow Airport pick- up and drop off charge. They ask the Board to reconsider this element prior to determining the final fares scale. They state that this Airport charge will be amended at a date of, and to a level of, the Airport authority’s choosing, irrespective of the views of customers or the Council. The Association state that taxi and private hire car drivers from all over Britain can collect this charge from their passengers in its entirety at all times and note that only Renfrewshire taxi drivers require to wait for any increases to the fares scale before being able to recover charges imposed by Glasgow Airport. They add that, given the proposed scale is scheduled to come into effect in April 2025, if the airport were to increase the charge in early 2025 it would be almost 2 years before the increase would be reflected on the Tariff card. They therefore ask the Board to allow a flexible Glasgow Airport charge to be included within the new fares scale. The terms of the Association’s full representation are set out at Appendix 2. In the report considered by the Board on 14th November 2024, officers referred to advice previously given by them, that the Board require to fix the maximum fares and charges for the operation of taxis in their area. While the Association’s comments are noted, officers are aware that a similar approach to that which has been taken by the Board has also been operated by City of Edinburgh Council. Page 8 of 18
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The Board will recall that the taxi fares scale regulates journeys within Renfrewshire. 1.6 The Board now requires to fix a taxi fare scale for Renfrewshire. The Board is also required, under the Act, to determine a date for the scale to come into effect. It is recommended that the scale comes into effect on 14th April 2025, as previously proposed by the Board. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Board:- 2.1.1 Agree a new fares scale for Renfrewshire, either in accordance with the advertised scale as described in paragraph 1.2 of, and Appendix 1 to, this report, or such other scale as the Board thinks appropriate, having considered the representations received; 2.1.2 Determine that this fares scale shall come into effect on 14th April 2025; 2.1.3 Thereafter, authorise officers to give notice to (a) all operators of taxis operating in Renfrewshire and (b) the persons and organisations appearing to the Board to be representative of the operators of taxis operating within Renfrewshire (being the parties initially consulted) of the fares scale fixed and its effect, the date on which it is to come into effect and the rights of appeal against the scale, all as set out in Section 17 of the Act, as amended; 2.1.4 Authorise officers to publish the fares scale, as soon as practicable following expiry of the period for appeal to the Traffic Commissioner (or, if appealed, as soon as practicable after determination of the appeal), by giving notice of the scales in an advertisement in a newspaper circulating in Renfrewshire and to specify therein that the scales shall come into effect on 14th April 2025 (or on such other date agreed by the Board), all in terms of Section 18A of the Act. _________________________________________________________ 3. Background 3.1 Section 17 of the Civic Government (Scotland) Act 1982, as amended, requires the Council as licensing authority to fix maximum fares for the hire of taxis. A copy of the Board’s existing fare scale is attached at Appendix 3. Prior to fixing a new taxi fare scale, the Council requires to Page 9 of 18
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review the scales, by formally consulting taxi operators (or persons or organisations representative of them) and thereafter proposing new scales, and to publish these in a newspaper circulating in its area. The report to the Board on 14th November 2024 detailed the initial consultation which had taken place with organisations representative of the taxi trade within Renfrewshire. 3.2 One proposals was received in response to the initial statutory consultation, with support received for that proposal from one other taxi representative, details of which were set out in Paragraphs 3.4.1 to 3.4.2 of the report to the Board on 14th November 2024. 3.3 The Board agreed on 14th November 2024 to propose a fares scale for consultation as outlined in Paragraph 1.2 of this report. The advertisement which thereafter publicised the proposed scale on 4th December 2024 stated that any representations would require to be made by 4th January 2025. The representation received within that period following upon the advertisement is detailed above at Paragraph 1.5. The Board will require to consider the terms of the representation before fixing a new taxi fares scale. 3.4 The Board now requires to fix a new taxi fares scale for Renfrewshire and to determine the date the scale is to come into effect. The Board agreed on 14th November 2024, for the purpose of advertising the proposed scale, a proposed date of 14th April 2025 for the scale coming into effect. 3.5 Information regarding levels of inflation and information about, and links to, the relevant Circular and Best Practice Guidance were included in the report to the Board on 14th November 2024. Updated information regarding current levels of inflation is now available at: https://www.ons.gov.uk/economy/inflationandpriceindices/bulletins/cons umerpriceinflation/december2024 ___________________________________________________________________ Implications of the Report 1. Financial - There will be some costs associated with production of new fare scales, cards and advertising costs which will require to be met from existing budgets. 2. HR & Organisational Development - Nil. Page 10 of 18
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3. Community/Council Planning – • Our Renfrewshire is safe – the continued monitoring of taxi licensing contributes to safer communities. 4. Legal - A licensing authority must fix scales for the fares and other charges in relation to the hire of a taxi within 18 months beginning with the date on which the last scales came into effect. Prior to fixing those scales, the licensing authority must consult with the operators of taxis in its area (or persons or organisations representative of them), review the existing scales and propose new ones, publish these in a local newspaper and consider any representations made on or before the date specified in the advertisement Once the Board has fixed scales as recommended in this report, the Council requires to give notice within seven days to the operators of taxis and also to those persons representative of them (as initially consulted) of the scale and its effect, the date on which the scale is to come into effect and the rights of appeal to the Traffic Commissioner. Any operator of a taxi or person or organisation appearing to the Traffic Commissioner to be representative of operators may, within fourteen days of the above notification of the scales being fixed, appeal the decision to the Traffic Commissioner for the Scottish Traffic Area. Following this 14 day appeal period (or the conclusion of an appeal to the Traffic Commissioner), the Council requires to give notice of the scale by newspaper advertisement. 5. Property/Assets – Nil. 6. Information Technology - Nil 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because it seeks a review only of taxi fares, which the Council has a statutory duty to carry out at regular intervals. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - Nil 9. Procurement – Nil Page 11 of 18
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10. Risk - Nil 11. Privacy Impact - Nil 12. Climate Risk – Nil. The report recommends that the Board agree maximum fares for taxis licensed to operate in Renfrewshire following upon a statutory review. No significant impacts are likely to arise from the introduction of the proposed scale. 13. Children’s Rights - the recommendations in the report are not considered to be incompatible with the UNCRC. 14. Cosla Policy Position – Nil _______________________________________________________ List of Background Papers None ___________________________________________________________________ Author: Douglas Campbell, Managing Solicitor (Licensing) douglas.campbell@renfrewshire.gov.uk 0141-487-1096 Page 12 of 18
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APPENDIX 1 Civic Government (Scotland) Act 1982 Taxi Fares Scale NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 17 of the Civic Government (Scotland) Act 1982 that Renfrewshire Council proposes to fix a new taxi fares scale as follows: TARIFF FARES BY DISTANCE Minimum fare for a distance not exceeding ½ mile…………................................£4.35 For each additional 252 yards or part thereof..........................................................30p FARES FOR WAITING TIME For each period of 2 minutes or part thereof...........................................................45p EXTRAS For each passenger in excess of 4, a fifth passenger charge of............................ 75p (applicable to 5,6, or 7 seater taxis) An additional charge for journeys commencing after midnight and before 5.00am Sunday to Thursday..............................................................................................................£2.00 An additional charge for journeys commencing after midnight and before 5.00am Friday and Saturday................................................................................£2.45 Glasgow Airport pick up and drop off charge.......................................................£5.50 An additional charge for journeys commencing after midnight on 24 December until midnight on 26 December and from midnight on 31 December until midnight on 2 January.......................................................£1.25 From midnight on 24 December until midnight on 26 December the fare chargeable shall be......…………………………………......normal fare plus 1/3 (Tariff 2) From midnight on 31 December until midnight on 2 January the fare chargeable shall be………………………………..………...normal fare plus 1/3 (Tariff 2) SOILING FEE Soiling in this context includes any soiling by means of food, drink, vomit, urine or excrement.................................................up to a maximum of £100.00 FARES TO PLACES BEYOND THE RENFREWSHIRE AREA BOUNDARY The driver is not obliged to accept the hire. Any hire terminating outwith the Renfrewshire Area will be charged at a rate to be agreed at the time of hire. Fares chargeable for journeys where a taxi is hired on an exclusive basis shall be charged in accordance with the normal fares scale determined by the Council, but Page 13 of 18
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shall be modified where a taxi is hired on a shared basis according to the number of hirers sharing the vehicle, as follows:- 1. One hirer: 100% of the fare 2. For two hirers: 100% of the first hirer to the point of the second hirer and thereafter both pay 75% of the standard fare each 3. If three hirers: As above to the point of the third hirer and thereafter all pay 65% of the standard fare each. 4. If four hirers: As above to the point of the fourth hirer and thereafter all pay 55% of the standard fare each. 5. If five hirers: As above to the point of the fifth hirer and thereafter all pay 50% of the standard fare each. 6. On departure from the taxi of one or more hirers the fare payable will revert to the rate appropriate to the remaining number of hirers. The effect of the above proposal is, firstly, to increase the Flag Fall (minimum fare) from £4.05 to £4.35. Secondly, the proposal is to increase the additional distance charge by retaining the unit charge of 30p but applying it to a reduced distance of 252 yards. Thirdly, the proposal would increase the current waiting time charge for each 2 minutes (or part thereof) from 42p to 45p. The proposal would also increase: the additional passenger charge from 70p to 75p; the additional charge for journeys between midnight and 5am Sunday to Thursday nights from £1.90 to £2; the additional charge for journeys between midnight and 5am Friday and Saturday nights from £2.30 to £2.45; the Glasgow Airport pick up and drop off charge from £5 to £5.50; the additional charges applicable between 24th - 26th December and 31st December - 2nd January from £1.20 to £1.25; and the soiling fee from £50 to £100. It is proposed that the above fares scale will come into effect on 14 April 2025. Any person wishing to make representations in relation to the above proposals must do so in writing to the undernoted address no later than 4 January 2025 Mark Conaghan Head of Corporate Governance Renfrewshire Council Renfrewshire House Cotton Street Paisley PA1 1TT Or by email to: licensing.cs@renfrewshire.gov.uk 4 December 2024 Page 14 of 18
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APPENDIX 2 To whom it may concern On behalf of our Association we would like to thank the Regulatory Functions Board for giving consideration to our response at a recent meeting to determine a new Taxi Fare Scale. We appreciate that you have for the most part agreed with the changes to your fare scale that we proposed but ask that you reconsider one element of your proposed new fare scale that being the pick-up and drop-off charge levied to Glasgow Airports customers by Glasgow Airport. This charge which is in the control of Glasgow Airport will be amended at a date and level of their choosing no matter how unpalatable it is to customers or Councils. Taxi and Private Hire drivers from all over Britain can collect this charge from their passengers in its entirety at all times and pass it on to Glasgow Airport for journeys starting or terminating at the Airport except Renfrewshire's licensed Taxi Drivers who have to wait until our fare scale is up for review to reflect any changes to this charge. The new Taxi Fare Scale is scheduled to come into effect in April 2025 and if the Airport were to increase this charge at the start of the year it would be almost 2 years before we could see this change reflected on our Tariff card. We asked in the Proposal we submitted in relation to the current Fare Review for the wording regarding this Airport charge to be changed. The purpose of this request being any future increase that Glasgow Airport apply to a charge that they regulate would not penalise Renfrewshire's licensed Taxi drivers by not letting them, unlike every other Taxi and Private Hire driver in the Country collect the full amount from the Airports customers.The consequence of not changing this element of the tariff card as we proposed would see Taxi Drivers having to subsidise this charge to the customer from our charge for the Hire. Other Local Authorities have recognised similar charges that would impact Taxi drivers and have worded their Fare Scales appropriately. We ask respectfully that the Regulatory Functions Board take the same approach as other authorities to afford us the same level of protection from this charge as is given to every other Taxi and Private Hire driver in the Country. Respectfully Page 15 of 18
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CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - TAXI FARES SCALE - TAXI No. TX001 With effect from 1 September 2023 TARIFF FARES BY DISTANCE Minimum fare for a distance not exceeding ½ mile ..................................................................................................................................................................................................................................................................... £4.05 For each additional 267 yards or part thereof ............................................................................................................................................................................................. 30p FARES FOR WAITING TIME For each period of 2 minutes or part thereof .............................................................................................................................................................................................. 42p EXTRAS For each passenger in excess of 4, a fifth passenger charge of ............................................................................................................................................................... 70p (applicable to 5,6, or 7 seater taxis) An additional charge for journeys commencing after midnight and before 5.00am Sunday to Thursday ................................................................................................. £1.90 An additional charge for journeys commencing after midnight and before 5.00am Friday and Saturday ................................................................................................. £2.30 Glasgow Airport Terminal pick up and drop off charge .............................................................................................................................................................................. £5.00 An additional charge for journeys commencing after midnight on 24 December until midnight on 26 December and from midnight on 31 December until midnight on 2 January ........................................................................................................................................ £1.20 From midnight on 24 December until midnight on 26 December the fare chargeable shall be…………………………………………………………………………………………………………………………………...normal fare plus 1/3 (Tariff 2) From midnight on 31 December until midnight on 2 January the fare chargeable shall be………………………..……..normal fare plus 1/3 (Tariff 2) SOILING FEE Soiling in this context includes any soiling by means of food, drink, vomit, urine or excrement…………………………. up to a maximum of £50.00 FARES TO PLACES BEYOND THE RENFREWSHIRE AREA BOUNDARY The driver is not obliged to accept the hire. Any hire terminating outwith the Renfrewshire Area will be charged at a rate to be agreed at the time of hire. Fares chargeable for journeys where a taxi is hired on an exclusive basis shall be charged in accordance with the normal fares scale determined by the Council, but shall be modified where a taxi is hired on a shared basis according to the number of hirers sharing the vehicle, as follows:- 1. One hirer: 100% of the fare 2. For two hirers: 100% of the first hirer to the point of the second hirer and thereafter both pay 75% of the standard fare each 3. If three hirers: As above to the point of the third hirer and thereafter all pay 65% of the standard fare each. 4. If four hirers: As above to the point of the fourth hirer and thereafter all pay 55% of the standard fare each. 5. If five hirers: As above to the point of the fifth hirer and thereafter all pay 50% of the standard fare each. 6. On departure from the taxi of one or more hirers the fare payable will revert to the rate appropriate to the remaining number of hirers. Director of Finance & Resources Renfrewshire House, Cotton Street Paisley, PA1 1TT APPENDIX 3 Page 17 of 18
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