Agenda Document Pack - Regulatory Functions Board - 02/02/2023
Renfrewshire Council · 2 February 2023
Back to Regulatory Functions Board — 2 February 2023 and its agenda
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25/01/2023 Notice of Meeting and Agenda Regulatory Functions Board Date Time Venue Thursday, 02 February 2023 10:00 Remotely by MS Teams, 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: Recording of Meeting The meeting will be recorded for subsequent broadcast via the Council's internet site. If you have any queries regarding this please contact Committee Services on democratic-services@renfrewshire.gov.uk To find this recording please follow the link which will be attached to this agenda once the meeting has concluded. To find the recording please follow the link below:- https://youtu.be/eeSs9RvTKQU MARK CONAGHAN Head of Corporate Governance Page 1 of 54
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25/01/2023 Items of business Apologies Apologies from members. Declarations of Interest Members are asked to declare an interest in any item(s) on the agenda and to provide a brief explanation of the nature of the interest. 1 Temporary Change of Policy in relation to Age of Licensed Vehicles, Proposals for Further Consultation on Vehicle Specification and Cessation Policy Report by Director of Finance & Resources. 7 - 24 2 Civic Government (Scotland) Act 1982: Review of Taxi Fares within Renfrewshire Report by Director of Finance & Resources. 25 - 48 3 Review of Public Entertainment Licensing Resolution: Final Procedure Report by Director of Finance & Resources. 49 - 54 4 Grant of Late Hours Catering Licence - Personal Appearance Submit the undernoted application for grant of a Late Hours Catering Licence. The applicant has been asked to appear personally for the first time:- Applicant: JE Restaurants Limited Premises: McDonald’s Restaurant, Unit K, Braehead Retail Park, Kings Inch Road, Glasgow Activity: on and off sales fast food Operating hours: Monday to Sunday - 11.00 pm to 5.00 am (both restaurant and drive-thru) Page 2 of 54
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25/01/2023 5 Renewal of Late Hours Catering Licence Submit the undernoted application for renewal of a Late Hours Catering Licence:– Applicant: Boots UK Limited t/a Boots the Chemist Premises: Unit Z4-P2, First Floor, Terminal Building, Glasgow Airport Activity: health and beauty retailer Operating hours: Monday to Sunday – 4.00 am to 5.00 am Licence No.: LHC-029 6 Renewal of Private Hire Car Operator's Licence - Personal Appearance Submit the undernoted application for renewal of a Private Hire Car Operator’s Licence. The applicant has been asked to appear personally for the first time:- Applicant: Mumtaz Yousafzai Licence No.: PH0931 7 Surrender and Re-issue of Taxi Operators' Licences Submit the undernoted applications for the surrender and re-issue of Taxi Operators’ Licences:- (a) Present Operator: Ian Fraser Proposed Operator: Gordon Campbell Licence No.: TX207 (b) Present Operator: Thomas Baggley Proposed Operator: Muhammad Shahzad Hussain Licence No.: TX101 EXCLUSION OF PRESS AND PUBLIC The Board may by resolution exclude the press and public from the meeting during consideration of items 8(b) and (c), 9, 10, 11 and 12 as it is likely, in view of the nature of the business to be transacted, that if members of the press and public are present, there could 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. Page 3 of 54
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25/01/2023 8 Surrender and Re-issue of Taxi Operators' Licences - Personal Appearances Submit the undernoted applications for the surrender and re-issue of Taxi Operators’ Licences. The applicants have been asked to appear personally for the first time:- (a) Present Operator: The Partnership of J&T Taxis Proposed Operator: Sarabjit Singh Licence No.: TX096 (b) Present Operator: Paisley Taxis Ltd Proposed Operator: Imran Khan Licence No.: TX220 (c) Present Operator: John Mayberry Proposed Operator: David Gray Licence No.: TX100 Adjournment The meeting will adjourn following consideration of item 9(f) and reconvene at 1.30 pm. 9 Grant of Private Hire Car Drivers' Licences - Personal Appearances Submit the undernoted applications for grant of Private Hire Car Drivers’ Licences. The applicants have been asked to appear personally for the first time together with Police Scotland who has submitted objections to applications (c) and (d) and representations to applications (e), (f) and (g):- (a) Shahzad Mohammad (b) Jamal Aliyi (c) Gary Anderson (d) Brogan Carslaw (e) David Sharp (f) Saif Radwan (g) Ibrahim Elnoor Page 4 of 54
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25/01/2023 10 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 for the first time together with Police Scotland who has submitted a representation to application (a) and objections to applications (b) and (c):- (a) Applicant: Avril McKerlie Licence No.: P0281 (b) Applicant: Greg Tetley Licence No.: P4339 (c) Applicant: Mahamudul Hassan Licence No.: 0292 11 Grant of Taxi Drivers' Licences - Personal Appearances Submit the undernoted applications for grant of Taxi Drivers’ Licences. The applicants have been asked to appear personally for the first time together with Police Scotland who has submitted objections to applications (a) and (b) and an objection and two further letters in connection with that objection to application (c):- (a) Andrew Irvine (b) Jason Anderson (c) Nqobile Siziba (d) Hafiz Muhammad Adil Amin 12 Application for Exemption from Driver's Duties under Section 166 of the Equality Act 2010 - Personal Appearance Submit the undernoted application for exemption from drivers’ duties under the Equality Act 2010. The applicant has been asked to appear personally for the first time:- Applicant: Iain Urquhart Licence No.: T2489 Page 5 of 54
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1 ___________________________________________________________________ To: Regulatory Functions Board On: 2nd February 2023 ___________________________________________________________________ Report by: Director of Finance and Resources ___________________________________________________________________ Heading: Temporary Change of Policy in relation to Age of Licensed Vehicles, Proposals for Further Consultation on Vehicle Specification and Cessation Policy ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to request that the Board instruct officers to reconsult in relation to previous proposals to review the Council’s policies on vehicle specification and age for taxis and private hire cars, given the period of time which has elapsed since earlier consultation in 2019, the impact of the coronavirus pandemic and the cost of living crisis. 1.2 The Board is also asked to agree, with immediate effect, a temporary policy in relation to the age of these vehicles, to allow them to operate for an additional two years, subject to a regulatory scheme as set out at Appendix 1. 1.3 Finally, the Board is asked to consider removing the “cessation” policy agreed by the Council’s Emergencies Board on 9th April 2020, which allowed operators of taxis and private hire cars to reduce their level of insurance cover for their vehicles during periods when they were not in use. ___________________________________________________________________ 2. Recommendations It is recommended that the Board: Item 1 Page 7 of 54
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2 2.1 Agree a temporary policy allowing existing taxis and private hire cars to be licensed for an additional two years, subject to the requirements of the proposed regulatory scheme set out at Appendix 1 to this report; 2.2 Instruct officers to reconsult on the proposed conditions for taxi and private hire car licences set out at Appendices 2 and 3 respectively and the revised consultation questions, as attached at Appendix 4, following upon the previous consultation agreed by the Board on 5th September 2019, the consultation to include (i) all taxi and private hire car licence holders in Renfrewshire, (ii) representatives of those licence holders, (iii) Renfrewshire Access Panel, (iv) relevant Council Services and (v) such other persons or groups as officers consider appropriate; and to report the responses to the consultation to the Board thereafter; 2.3 Instruct officers to reconsult further on whether wheelchair accessible MPVs to be licensed as taxis or private hire cars, which are suitable for the carriage of eight passengers, may be licensed to carry a maximum of eight passengers; 2.4 Consider whether to remove the “cessation” policy agreed by the Emergencies Board on 9th April 2020; and 2.5 Otherwise note the terms of the report. _______________________________________________________ 3. Background 3.1 At a meeting on 5th September 2019, the Board agreed the terms of a revised specification for taxis and private hire cars, and also a set of consultation questions, as suitable for the purpose of consultation. A consultation exercise was then carried out between October and December 2019, with 27 consultation responses being received. 3.2 While it was anticipated that, following this consultation, the terms of the responses received would be reported to the Board with final recommendations to agree a new policy, this matter was unable to be progressed in 2020, initially due to the onset of the coronavirus pandemic which resulted in the cancellation of meetings of the Board. Once meetings of the Board resumed, it was apparent that the taxi and private hire trades were facing considerable financial challenges, with some licence holders leaving the taxi and private hire trades and a number of operators taking advantage of the “cessation” policy agreed by the Council’s Emergencies Board at its meeting on 9th April 2020 and temporarily removing their vehicles from availability for hire. 3.3 In the period since, members of the taxi and private hire trades have reported to officers that they continue to face challenges, including the sourcing of vehicles meeting the Council’s current requirements. 3.4 Further, a number of taxi and private hire car operators have applied to the Council to vary the conditions of their licences to allow their current Page 8 of 54
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3 vehicles to be licensed for longer than the usual periods allowed by the Council’s standard licence conditions. Those usual periods are seven years for private hire cars (except where these are wheelchair accessible approved MPVs, in which case eight years) and eight years for taxis (provided they meet the Council’s wheelchair accessibility policy requirements, which failing seven years). The Board has, in this regard, allowed a number of private hire car and taxi licences to be varied, upon an application made to vary the licence, to relax Standard Conditions 1 and 22 respectively, enabling existing licensed vehicles to continue to operate for longer than the usual periods. The Board has normally, when permitting this, imposed additional requirements that the vehicle be tested quarterly, with the next inspection requiring to be carried out within 28 days of the Board’s decision on the application. 4. Proposal to Introduce Temporary Policy on Vehicle Age 4.1 The Council, as licensing authority, continues to receive a significant volume of applications to vary taxi and private hire car licences to allow existing licensed vehicles to operate beyond the periods set out in the above standard conditions. The number of these applications increased in the year 2021 to 2022 in comparison with the previous year and it is anticipated that a comparable number of applications may have been received by the end of the current financial year. The Board may now consider it appropriate to introduce a temporary policy in relation to applications which require to be determined following the date of this report. This would ensure a consistent approach in relation to these applications and provide clarity to applicants as to the Council’s requirements and expectations. 4.2 Accordingly, it is requested that the Board introduce a temporary policy as recommended at Paragraph 2.1 in accordance with the regulatory scheme set out at Appendix 1. The proposed policy, if approved, would reflect the recent practice of the Board in considering applications to vary licences, where such applications have been granted to allow the existing vehicle to operate for a further period, subject to an inspection being carried out every 3 months, rather than every 6 months as provided for in the standard conditions (where a vehicle is over five years old from its date of first registration). However, to reduce the need for repeated applications, the proposed policy would allow vehicles to operate for an additional two years, rather than for a shorter period. 4.3 Should the Board agree the proposed temporary policy, applications to allow vehicles to operate for up to an additional two years from the end of the period provided for under the standard conditions of licence would, if the additional testing is agreed to by the applicant, be considered to be within the terms of Council policy and, as such, could be granted by officers under delegated powers. Page 9 of 54
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4 5. Proposed Further Consultation on Vehicle Specification and Age 5.1 As set out at section 3 of the report, the Board, at its meeting of 5th September 2019, considered the terms of a report in relation to proposals for consultation regarding review of the Council’s taxi and private hire car specification. The Board agreed at that meeting draft conditions setting out proposed new requirements for taxis and private hire cars and detailed questions, all as suitable for the purposes of consultation. These conditions and consultation questions are set out at Appendices 2, 3 and 4 to this report (with necessary revisal as set out at Paragraph 5.6). The Board instructed officers to proceed with consultation on this basis. Following the decision of the Board, officers consulted with a wide range of stakeholders, when 27 responses were received. 5.2 A range of views were set out by the respondents to that consultation, who included taxi and private hire car licence holders, trade representatives, organisations with an interest in accessibility issues and other persons. While there was support from a number of consultees for encouraging the use of electric vehicles, some questions were raised as to what age limit should apply to these, given the evolving nature of the electric vehicles market and a perceived lack of information regarding likely resale values. A question was also raised by some private hire car operators as to why electric taxis should be allowed to be licensed longer than electric private hire cars. 5.3 Regarding other aspects of the consultation, some, but not all, of the taxi trade were supportive of a requirement that fixed ramps be used rather than dual ramps. One (non-trade) respondent observed that the use of single ramps would improve accessibility not only for wheelchair users but for other access, specifically for those with prams, and also highlighted concerns raised by their service users regarding the suitability of some ramps currently in use in taxis for particular wheelchairs. While some respondents to the consultation favoured side- loading vehicles for wheelchair access (to avoid wheelchair users loading on the roadway), other respondents supported the use of rear- loading vehicles. In this regard, the increased availability of converted vehicles, such as those prepared for the Motability scheme, was highlighted. In addition, some issues were raised in relation to the side- loading of wheelchair vehicles depending on their direction of travel and upon the amount of available pavement space. Equally, while a view was expressed that some existing van-style MPVs may provide inadequate space for wheelchairs and luggage, an alternative view was expressed that current vehicles can carry an accompanied wheelchair together with a reasonable amount of luggage. In this regard, it was suggested that the Board might adopt a standard that, in addition to a wheelchair passenger and one further passenger, taxis be able to carry two airline cabin luggage size bags plus one airline hold size bag. 5.4 Views were also expressed by respondents in relation to issues raised in the various consultation questions, such as luggage capacity in private Page 10 of 54
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5 hire cars, maximum age limits for vehicles when first licensed and regularity of inspections. A number of respondents, particularly from the taxi and private hire trades, suggested that any new restrictions or requirements introduced by the Board should be applied only to new vehicles being licensed. Some respondents also asked that a longer implementation period be allowed than the period previously consulted upon, prior to any changes coming into effect, to allow adequate engagement with the trade. 5.5 Notwithstanding the above responses being received, officers were unable to progress the review further following the onset of the pandemic. As noted above, once meetings of the Board resumed in late 2020, it was evident that significant financial pressures were facing the taxi and private hire trades. This was reflected in the number of vehicles licensed and available for hire, with a number of operators continuing to make use of the cessation policy referred to above, as also in feedback to officers that operators were finding it difficult to obtain drivers for their vehicles. It was therefore considered appropriate not to pursue a change in vehicle specification at that time. Further concerns have been expressed by the trade in the period since regarding the availability of suitable vehicles for purchase which meet the requirements of the Council’s policies, particularly in relation to taxis, as also with regard to the ongoing cost of living crisis. 5.6 Given the significant social, economic and technological changes which have occurred in the period since the previous consultation exercise, it is the view of officers that there is a need to reconsult with relevant stakeholders prior to taking the original proposals further. The Board is accordingly asked to instruct officers to reconsult on the original proposed conditions and consultation questions: the questions have been revised at this time in relation to the proposed implementation period. The Board is also asked to instruct officers to reconsult, as previously, regarding whether the existing limit on the number of passengers allowed to be carried in vehicles should be increased from 7 to 8 passengers. 5.7 It is suggested that, given the extent of the matters to be consulted upon and in order to allow a range of responses to be received from relevant consultees, a reasonable period of consultation on these issues would be 12 weeks. 6. Cessation Policy 6.1 On 9th April 2020, the Emergencies Board agreed a temporary policy permitting the temporary “cessation” of taxi and private hire car licences where requested by a vehicle operator. The introduction of this policy followed upon a number of vehicle operators advising that there had been a significant reduction in business for the trades during lockdown, resulting in them having ceased to operate their vehicles. Where operators availed themselves of this policy, they were able to reduce their level of insurance cover to social, domestic and pleasure on the Page 11 of 54
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6 basis that they would temporarily cease to undertake public or private hire work. 6.2 The implementation of this policy was intended as a temporary arrangement. While officers appreciate that the taxi and private hire trades continue to face financial challenges, the legal restrictions which previously led to a substantial downturn in taxi and private hire business have been removed for some time. Accordingly, it is recommended that the Board consider removing this policy. Should the Board agree to remove the policy at this time, holders of taxi and private hire car licences will be expected to meet the requirement to have suitable taxi or private hire car insurance in place with immediate effect. 7. Conclusion 7.1 The Board is asked to agree to introduce the above temporary policy and to reconsult on the matters requested, as also to consider removing the “cessation” policy. While the proposals in relation to a temporary change in vehicle age policy and the removal of the cessation policy would, if agreed, take effect immediately, the proposals regarding wider vehicle requirements would require to be considered at a future meeting of the Board following upon the recommended reconsultation. ___________________________________________________________________ Implications of the Report 1. Financial – nil. The proposed temporary policy on age of vehicles, if agreed by the Board, would continue to require applications for variation to be made while providing some benefits by reducing the number of formal hearings before the Regulatory Functions Board. 2. HR & Organisational Development- nil 3. Community/Council Planning – • Our Renfrewshire is safe – the improved regulation of taxis and private hire cars through licensing, and by ensuring suitable vehicles are available to the travelling public, contributes to safer communities. • Reshaping our place, our economy and our future – the availability of suitable vehicles is important to the travelling public, visitors to Renfrewshire and the night time economy. The proposed temporary policy on vehicle age also recognises the pressures faced by the taxi and private hire car trades in serving that economy. • Building strong, safe and resilient communities – the improved regulation of licensed vehicles contributes to safer communities. • Tackling inequality, ensuring opportunities for all – ensuring vehicles are accessible for the travelling public. • Creating a sustainable Renfrewshire for all to enjoy – ensuring that licensing policies facilitate the use of greener technology. 4. Legal - Section 10(2) of the Civic Government (Scotland) Act 1982 states that the Council, as licensing authority, shall not grant or renew a taxi licence or private hire car licence unless they are satisfied that the Page 12 of 54
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7 vehicle to which the licence is to relate is suitable in type, size and design for use as a taxi or private hire car. Under Paragraph 5(3)(d) of Schedule 1 to that Act, the Council as licensing authority shall refuse an application to grant or renew a licence, in their opinion “other good reason” exists for refusing the application. Paragraph 5 also allows the Council to attach reasonable conditions to a licence. Paragraph 10 of the same Schedule allows the Council, as licensing authority, to vary the conditions of a licence. 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 the recommendations in the report seek only that a reconsultation, on proposed changes to the Council’s policies on vehicle suitability, be carried out at this time. 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 10. Risk- nil 11. Privacy Impact- nil 12. Cosla Policy Position- nil 13. Climate Emergency- The recommended reconsultation contains proposals which could facilitate the licensing of more sustainable vehicles as both taxis and private hire cars, although it is recognised that the proposed temporary policy will allow some vehicles to operate beyond the usual age limits which apply. In this regard, the Board has already allowed exceptions to current policy to allow some vehicles to do so on a case-by-case basis. ______________________________________________________ List of Background Papers- responses to previous consultation exercise. Author: Douglas Campbell, Assistant Managing Solicitor (Licensing) 0141-618-7172 douglas.campbell@renfrewshire.gov.uk Page 13 of 54
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8 APPENDIX 1 Renfrewshire Council Temporary Regulatory Scheme for Taxis and Private Hire Cars: Applications to Vary Licences to Extend Vehicle Age (2023) This document sets out a temporary policy agreed by Renfrewshire Council which will apply to applications for variation of a private hire car or taxi licence to allow the licence holder’s existing licensed vehicle to remain in service beyond the normal periods set out in Conditions 1 or 22, respectively, of the standard conditions applicable to those licences in Renfrewshire. This policy will remain in place until such times as it may be reviewed by Renfrewshire Council’s Regulatory Functions Board. The above Standard Conditions, 1 and 22, were agreed by the Corporate Services Committee on 3rd December 1998 and revised, to allow for the current age limits, by the Regulatory Functions Board on 11th January 2012, following a consultation exercise. In general terms, these standard conditions allow wheelchair accessible taxis to be licensed for a period of 8 years from the date of their first registration and private hire cars, with the exception of wheelchair accessible MPVs of a type approved by the Council, to be licensed for a period of 7 years from that date (wheelchair accessible MPVs of a type approved by the Council may operate for 8 years from first registration). In recognition of current challenges facing the taxi and private hire trades, and to provide some clarity for licence holders, the Council has agreed a temporary change of policy whereby, upon an application made for variation of a taxi or private hire car licence to allow an existing vehicle licensed by the Council to operate beyond the applicable 7 or 8 year period provided for in the standard conditions, that licensed vehicle will be considered to be within the terms of Council policy for an extended period (set out at (i), below), allowing the application for variation to be granted by officers, subject to the following procedures and requirements being met: (i) The licence holder must apply for variation of their private hire car or taxi licence, as applicable, to vary Condition 1 or 22, as applicable, to allow the existing vehicle to operate for up to a further 2 year period after the expiry of the usual period provided for in the applicable standard condition for that licence type and as referable to the existing licensed vehicle. For the avoidance of doubt, this temporary policy will only apply to the applicant’s existing licensed vehicle and, under the terms of this policy, any change made to the relevant standard condition of licence once the application is granted will reflect that the additional period is being allowed in respect of that vehicle; (ii) The application for variation will require to be processed according to the relevant provisions of the Civic Government (Scotland) Act 1982 and any applicable existing policies and practices of Renfrewshire Council; (iii) For this policy to apply, the applicant will require to agree that the existing vehicle will be made available for testing at the Council’s taxi/ private hire car vehicle inspection facility on a three-monthly basis, with the first inspection taking place within 28 days of the date of any variation of the Page 15 of 54
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9 licence resulting from the application. These agreed requirements will also be reflected in the terms of the varied condition of licence. Where an application for variation of the applicable standard condition has been made and all of the above requirements are met, the application will be considered to be consistent with the terms of the Council’s policies relating to the age of taxis and private hire cars. As such, it will be open to officers to consider these applications using their existing delegated authority, avoiding the need for such applications to be referred to the Regulatory Functions Board for consideration. This policy will come into effect once agreed by the Regulatory Functions Board. For the avoidance of doubt, this policy will apply to applications made prior to the date of this policy coming into effect but not yet determined, as also to applications made following the introduction of this policy. Page 16 of 54
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10 APPENDIX 2 Proposed New Taxi Licence Condition “22. All vehicles licensed as taxis shall:- Either (A) (i) be coloured white; (ii) be purpose-built taxis with European Whole Vehicle Type Approval and wheelchair accessible; (iii) be fully electric/ zero emissions vehicles; (iv) be side-loading for wheelchair access; (v) have a single, solid ramp for wheelchair accessibility; (vi) be less than five years old from the date of first registration when first licensed within Renfrewshire; (vii) be less than 15 years old from the date of the first registration of the vehicle. Vehicles shall be taken out of service and replaced when they become 15 years old from the date of first registration; and (viii) be subject to 6 monthly inspections as from the time they are 5 years old from the date of first registration Or (B) (i) be coloured white; (ii) be wheelchair accessible and either purpose-built taxis or alternatively multi person vehicles (MPVs) of a type approved by the Licensing Authority; (iii) be less than five years old from the date of first registration when first licensed within Renfrewshire; (iv) be less than 8 years old from the date of the first registration of the vehicle where that vehicle is wheelchair accessible and should otherwise be less than 7 years old. Vehicles shall be taken out of service and replaced when they become 8 years old/ 7 years old from the date of first registration respectively; and (v) be subject to 6 monthly inspections as from the time they are 5 years old from the date of first registration.” Page 17 of 54
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11 APPENDIX 3 Proposed New Private Hire Car Licence Condition “1. The holder of a private hire car licence shall use as a private hire car, a four door saloon, a five door hatchback or estate vehicle, or alternatively a multi person vehicle (MPV) of a type approved by the Licensing Authority. All vehicles licensed as private hire cars shall: (i) be any colour other than white; (ii) be less than five years old from the date of first registration when first licensed in Renfrewshire (iii) subject to the exception below for fully electric/ zero emissions vehicles, be less than 7 years old from the date of first registration, unless the vehicle is a multi person vehicle (MPV) and wheelchair accessible where that vehicle shall be less than 8 years old from the date of first registration. Subject again to the exception below for fully electric/ zero emissions vehicles, vehicles shall be taken out of service and replaced when they become 7 years/ 8 years old from the date of first registration respectively; (iv) have at least five designated seats (for driver and four passengers); (v) have a luggage compartment with a minimum capacity of 0.4 cubic metres (400 litres) (with the seats up and the load cover fixed); (vi) be subject to 6 monthly inspections as from the time they are 5 years old from the date of first registration. Exception referred to above: Fully electric/ zero emissions vehicles licensed as private hire cars may be licensed until they are ten years old from the date of first registration. Such vehicles shall be taken out of service and replaced when they become 10 years old from their date of first registration. Page 19 of 54
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12 Consultation Questions APPENDIX 4 Taxis 1. Do you support the proposed revised specification for taxis? 2. Do you support the introduction of a maximum age at which a taxi may first be licensed in Renfrewshire? If so, is the proposed 5 years a reasonable requirement? Please provide an explanation. 3. Should all taxis require to be equipped with a single, solid ramp for wheelchair access? Please give reasons for your answer. 4. Should this requirement affect all renewal applications made after a specified implementation date, as well as new licence and change of vehicle applications (where a vehicle is proposed to be licensed for the first time)? Please give reasons for your answer. 5. Would 1st February 2024 be a reasonable implementation date? Otherwise what do you think a reasonable date would be? Please give reasons for your answer. 6. Otherwise, please advise how you think any new requirements would best be implemented? 7. Should rear-loading vehicles be considered unsuitable to continue to be licensed as taxis? Please provide an explanation. 8. If so, should existing licensed rear-loading taxis be allowed to continue in service until the eighth anniversary of their first registration, with any change of policy only applying to those vehicles proposed for licensing in Renfrewshire for the first time? Please provide an explanation. 9. If you believe rear-loading vehicles should be allowed to be licensed, should minimum requirements be introduced as to how many passengers, and how much associated luggage, in addition to a wheelchair passenger, a licensed taxi is capable of carrying? Please specify what you think the requirements should be. 10. If so, should existing taxis affected by any change in policy be allowed to continue in service until the eighth anniversary of their first registration, with any change of policy only applying to those vehicles proposed for licensing in Renfrewshire for the first time? Please provide an explanation. 11. Do you agree that fully electric vehicles meeting the additional accessibility requirements set out in the proposed taxi specification should be allowed to be licensed for a longer period? 12. Do you agree that 15 years is a reasonable period over which these taxis should be licensed? 13. Should any other requirements be introduced to improve the accessibility of taxis for the travelling public (for example, minimum dimensions or particular features)? 14. Should the Council introduce a new requirement that taxis should be inspected at six monthly intervals once they attain the age of three years from their date of first registration? If this change were to be introduced, do you agree that the same requirements should apply to electric taxis? 15. Please provide any further information as to changes you think should be made to the Council’s requirements for licensed taxis. Page 21 of 54
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13 Private Hire Cars 1. Do you support the proposed revised specification for private hire cars? 2. Do you support the proposed introduction of a maximum age at which a private hire car may first be licensed in Renfrewshire? 3. Do you support the proposed requirement that vehicles have five designated seats (for driver and four passengers)? 4. If not, do you suggest an alternative requirement? 5. Do you support the proposal to introduce a minimum luggage compartment capacity? 6. If so, do you agree that 0.4 cubic metres (400 litres), with the seats up and the load cover fixed, is a reasonable requirement? 7. If not, do you have an alternative suggestion? 8. Should MPVs which are unable to accommodate wheelchairs be considered suitable for licensing, on the basis that they are allowed to carry no more than four passengers? 9. Do you agree that fully electric/ zero emissions vehicles should be allowed to be licensed over a longer period as private hire cars? 10. If so, do you agree that 10 years would be a reasonable period to license these vehicles? 11. If not, what period do you suggest? 12. Do you agree that any proposed changes should be introduced to apply to all future applications for new licences, renewals of licence and change of vehicle applications which are made after an agreed implementation date? 13. If so, would 1st February 2024 be a reasonable implementation date? If not, what date would you suggest? Questions 14- 21 apply to the use of wheelchair accessible MPVs as private hire cars- 14. Should all wheelchair accessible MPVs to be used as private hire cars require to be equipped with a single, solid ramp for wheelchair access? 15. Should this requirement affect all renewal applications made after a specified implementation date, as well as new licence and change of vehicle applications (where a vehicle is proposed to be licensed for the first time)? Please give reasons for your answer. 16. Would 1st February 2024 be a reasonable implementation date? Otherwise what do you think a reasonable date would be? Please give reasons for your answer. 17. Otherwise, please advise how you think any new requirements would best be implemented? 18. Should rear-loading vehicles be considered unsuitable to continue to be licensed as wheelchair accessible MPVs used as private hire cars? Please provide an explanation. 19. If so, should existing licensed rear-loading, wheelchair-accessible MPVs be allowed to continue in service until the eighth anniversary of their first registration, with any change of policy only applying to those vehicles proposed for licensing as private hire cars in Renfrewshire for the first time? Please provide an explanation.? Page 22 of 54
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14 20. If you believe rear-loading wheelchair-accessible MPVs should be allowed to be licensed, should minimum requirements be introduced as to how many passengers, and how much associated luggage, in addition to a wheelchair passenger, a licensed vehicle is capable of carrying? Please specify what you think the requirements should be. 21. If so, should existing vehicles affected by any change in policy be allowed to continue in service until the eighth anniversary of their first registration, with any change of policy only applying to those vehicles proposed for licensing in Renfrewshire for the first time? Please provide an explanation. 22. Should the Council introduce a new requirement that private hire cars should be inspected at six monthly intervals once they attain the age of three years from their date of first registration? If this change were to be introduced, do you agree that the same requirements should apply to electric vehicles? 23. Do you have any other comments in relation to the Council’s specification for licensed private hire cars? Page 23 of 54
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___________________________________________________________________ To: Regulatory Functions Board On: 2 February 2023 ___________________________________________________________________ Report by: Director of Finance & Resources ___________________________________________________________________ Heading: Civic Government (Scotland) Act 1982: Review of Taxi Fares within Renfrewshire ___________________________________________________________________ 1. Summary 1.1 The Council as Licensing Authority is obliged to fix scales for the fares and other charges in its area in connection with the hire of a taxi. The legislation, the Civic Government (Scotland) Act 1982, provides that fares should be fixed within 18 months beginning with the date on which scales last came into effect. 1.2 The last Taxi Fares Review was carried out during 2021 and 2022 with a revised Taxi Fares Scale being fixed. It was agreed that this scale would come into effect on 21st March 2022. That revised fares scale represented a change to the previous scale, by: (i) allowing an increase in the Glasgow Airport pick up and drop off charge from £2 to £4; (ii) increasing the additional charge between midnight and 5am on Sunday to Thursday evenings from 60p to £1.60; and (iii) increasing the additional charge between midnight and 5am on Friday and Saturday evenings from £1 to £2. 1.3 On 10th October 2022, the Council consulted with persons or organisations representative of the operators of taxis within its area on the current taxi fare scale, by email. The consultation also included individual taxi operators who were informed of the consultation by text alert. Three responses to the consultation were received, as detailed at Paragraphs 3.4.1 to 3.4.3 of the report. At a meeting between Council officers and representatives of taxi operators on 13th September 2022, the matter of taxi fares had also been discussed briefly, with a Item 2 Page 25 of 54
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representative of the taxi trade asking for the review to commence in early course given the rising cost of living and fuel prices. 1.4 The existing scales require to be reviewed and new scales proposed by the Board. Thereafter, formal notification of the proposed new scales will be given via a newspaper advertisement in the local press in order that representations may be made on the agreed proposal by a specified date at least one month from the date of the newspaper advertisement. 1.5 A further report will thereafter be submitted to the Board after the last date for making representations in order that the representations can be considered and the new fare scale can be fixed. The date for the new taxi fares scale to come into effect requires to be decided by the Board. __________________________________________________________________________________ Recommendations 2.1 It is recommended that the Board: - (i) review the existing fares scale shown at Appendix 1 and consider the proposals received and decide which of these proposals, or other fares scale, should be proposed as a new taxi fares scale for Renfrewshire and included in the newspaper advertisement as detailed in paragraph 1.4 above; (ii) agree a proposed date of Monday 10th July 2023 for the proposed revised fare scale to come in to effect; (iii) note that, if approved by the Board, the proposals will be advertised in the local press, and thereafter (iv) agree that the last day for lodging representations following on the proposed fare scale being advertised shall be one calendar month after the date of publication of that advertisement. _________________________________________________________ 2. Background 3.1 Prior to fixing a new Taxi Fares Scale, the Council as Licensing Authority requires to consult with persons or organisations appearing to it to be, or be representative of, the operators of taxis in its area, review the existing fares scales and propose new scales and publish these in a local newspaper. 3.2 Consultation has taken place with organisations appearing to the Licensing Authority to be representative of operators of taxis operating in the area, namely:- Paisley Taxis Ltd Glasgow Airport Ltd Unite the Union Renfrewshire Public Hire Association Page 26 of 54
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Paisley Independent Operators Raymond Stanley Renfrewshire Radio Taxis Ltd Renfrewshire Cab Co 3.3 Consultation was by email of 10th October 2022. Individual taxi operators who provided mobile phone numbers were advised of the consultation by text alert at the same time. 3.4 The responses received are summarised in paragraphs 3.4.1 to 3.4.3 of this report. 3.4.1 Proposal 1- Proposal 1 is from Paisley Operators and Drivers Association. They seek increases in: (i) the Flag Fall (minimum charge) from £3.45 to £3.90; (ii) the additional distance charge, by retaining the unit charge of 30p but changing the measure of distance from 315 yards to 309 yards; and (iii) the waiting charge, from 36p to 40p based on periods of 2 minutes (or part thereof), as existing. They calculate these increases as amounting to 13%, 6% and 11.1% respectively. 3.4.2 Proposal 2- Proposal 2 is from Renfrewshire Public Hire Association. They suggest a number of increases and also provide a report in support of their request from Vector Transport Consultancy. Specifically, they propose an increase in the Flag Fall from £3.45 to £4.05 and an increase in the additional distance charge, by retaining the unit charge of 30p but changing the measure of distance from 315 yards to 267 yards. They also suggest an increase in the waiting time charge from 36p to 42p, based on the existing unit of 2 minutes (or part of that period). Finally, they propose various changes to the additional charges on the existing tariff. They seek to increase the charge for passengers in excess of four passengers from 60p to 70p. They seek increases in the existing late night charges from £1.60 to £1.90 and from £2 to £2.30, respectively. They also seek to increase the additional charges during the festive period from £1 to £1.20. 3.4.3 Proposal 3- Proposal 3 is from an individual taxi operator. He states that the waiting time currently permitted to be charged under the existing taxi fares scale is detached from reality and suggests this be increased to £25-£30, but does not state to what unit of this time this charge may relate. Further, while not proposing any other changes specifically, he remarks on rising fuel prices, the cost of new and second hand vehicles and, in light of a one year waiting list for new vehicles, suggests the age of vehicles be increased from 8 years to 10 years. Regarding the age and specification of vehicles, these matters are being reviewed separately. 3.4.4 No further proposals have been received. During the consultation exercise, officers highlighted to the trade representatives the existing charges for shared hires and allowed an opportunity for comment in Page 27 of 54
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relation to these. However, no comments in relation to these charges have been received. 3.5 The fares as existing and as proposed are summarised at Appendix 1. 3.6 In relation to the current rate of inflation, the Consumer Prices Index, including owner occupiers’ housing costs (CPIH), rose by 9.2% in the 12 months to December 2022, down from 9.3% in November. The largest contributors to this increase are attributable to housing and household services, principally from electricity, gas and other fuels, as well as food and non-alcoholic beverages. On a monthly basis, the CPIH rose by 0.4% in December 2022, as compared to a rise of 0.5% in December 2021. Further information in relation to the CPIH and the Consumer Prices Index (CPI) is available at: https://www.ons.gov.uk/economy/inflationandpriceindices/bulletins/cons umerpriceinflation/december2022 3.7 In terms of a Circular, 25/1986, reference is expected to be made by the licensing authority to, inter alia, the capital costs of vehicles, the cost of maintaining and replacing them to the standards required, the costs of employing drivers and the prevailing level of wages and costs in related road transport industries. When reviewing the fares scale, the Board will also be conscious of the impact of any increase in fares upon the general public. 3.8 Appendix 2 to this report shows the tariffs operating in the surrounding areas for the purposes of comparison with the current and proposed fares within Renfrewshire. These tariffs illustrate a standard journey only. Appendix 3 shows fares under the current and proposed fares as they would affect standard journeys of between 1 mile and 5 miles within Renfrewshire. Only two proposals are shown in Appendix 3, as Proposal 3 seeks an increase only in the waiting time charge, which will not affect a standard journey. 3.9 The report from Vector Transport Consultancy referred to at Paragraph 3.4.2 is attached as Appendix 4. The Board may note, with regard to the comments in Vector’s report at Paragraphs 2.1 and 4.1, that a report from Vector Transport Consultancy was provided by Renfrewshire Public Hire Association in relation to the fares review which concluded in early 2021, having been delayed as a result of the coronavirus pandemic. A further fares review was completed in early 2022 as detailed at Paragraph 2.1 to this report. ___________________________________________________________________ Implications of the Report 1. Financial – there will be costs associated with the production of new fare scales, cards and advertising costs which will require to be met from existing budgets. Page 28 of 54
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2. HR & Organisational Development - Nil 3. Council and Community Planning- • Our Renfrewshire is safe – the continued monitoring of taxi licensing contributes to safer communities. 4. Legal – (i) Section 17 of the Civic Government (Scotland) 1982 as amended provides that the maximum fare for the hire of taxis and other related charges shall not be greater than those fixed under that Section by the Licensing Authority. The amended section states that the Licensing Authority must fix scales for the fares and other charges within 18 months beginning with the date on which scales last came into effect. (ii) The Licensing Authority may in fixing scales alter fares or charges or fix them at the same rate as existing charges. (iii) Before fixing a new taxi fare scale, the Council must consult with persons appearing to be representative of taxi operators, review existing scales and propose new scales and advertise its proposal in a newspaper circulating in its area detailing the proposal the date when it is proposed to come into effect and stating that representations may be made within a specified period (ending at least one month from the date of the advertisement). (iv) if any representations are received, the Council require to consider these before fixing a new fares scale. 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 review 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 10. Risk - Nil 11. Privacy Impact - Nil 12. CoSLA Policy Position – Nil 13. Climate Risk- Nil, as the report only sets out proposals received for new taxi fares in Renfrewshire for consideration by the Board and, once a proposed new fares scale is agreed, these will be advertised. _______________________________________________________ List of Background Papers (a) Background Papers- Responses to the initial consultation Author: Douglas Campbell, Assistant Managing Solicitor (Licensing) 0141-618-7172 Douglas.Campbell@renfrewshire.gov.uk Page 29 of 54
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APPENDIX 1 CURRENT AND PROPOSED TAXI FARE SCALES 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 third hirer and thereafter all pay 55% of the standard fare each 5. If five hirers As above to the point of the third 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 Current Proposal (1) Proposal (2) Proposal (3) Fares by Distance Minimum fare for a distance not exceeding ½ mile £3.45 £3.90 £4.05 No change For each additional 239 yards or part thereof 30p 309 yards/30p 267 yards/30p no change Fares for waiting time For each period of 2 minutes or part thereof 36p 40p 42p £25-£30 Extras For each passenger in excess of 4, a fifth passenger charge of (applicable to 5, 6, or 7 seater taxis) 60p no change 70p no change An additional charge for journeys commencing after midnight and before 5 am Sunday to Thursday £1.60p no change £1.90 no change An additional charge for journeys commencing after midnight and before 5.00 am Friday and Saturday £2.00 no change £2.30 no change Glasgow Airport Terminal Departure Charge £4 No change No change No change Glasgow Airport Terminal pick up and drop off charge £2 No change No change No change 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 No change £1.20 No change From midnight on 24 December until midnight on 26 December the fare chargeable shall be Normal Fare plus 1/3 (Tariff 2) no change no change no change From midnight on 31 December until midnight on 2 January the fare chargeable shall be Normal Fare plus 1/3 (Tariff 2) no change no change no change 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 no change no change no change Page 31 of 54
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APPENDIX 2 TAXI FARES IN NEIGHBOURING AUTHORITIES Authority 1 mile 3 miles 5 miles City of Glasgow £4.60 £9.00 £13.60 East Renfrewshire £4.40 £8.40 £12.40 Inverclyde £3.68 £7.40 £11.12 West Dunbarton £4.40 £9.30 £13.30 North Ayrshire £4.10 £8.70 £13.30 Renfrewshire (current) £4.35 £7.65 £11.25 For comparison purposes, it has been considered that the journey is wholly within the boundaries of the Council concerned. APPENDIX 3 TAXI FARES REVIEW 2022 Table showing current fares tariff and proposed fares Proposal 1 Mile 2 miles 3 miles 4 miles 5 miles Current 4.35 6.15 £7.65 9.45 £11.25 Proposal 1 4.80 6.60 8.40 9.90 11.70 Proposal 2 5.25 7.05 9.15 11.25 13.05 Page 33 of 54
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Review of Taxi Tariff in Renfrewshire October 2022 APPENDIX 4 Page 35 of 54
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Appendix 4.docx Vector Transport Consultancy www.vector-consultancy.co.uk www.taxi-surveys.co.uk CONTENTS 1 BACKGROUND 1 2 COSTS ASSESSED 2 3 CONSIDERATION OF OTHER INFORMATION 7 4 CONCLUSIONS AND RECOMMENDATION 8 Page 36 of 54
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Appendix 4.docx, 1 Vector Transport Consultancy www.vector-consultancy.co.uk www.taxi-surveys.co.uk 1 BACKGROUND 1.1 Introduction Vector Transport Consultancy have been commissioned by Renfrewshire Public Hire Association to undertake a review of the current taxi tariff, in October 2022, in response to an invitation from Renfrewshire Council to provide proposals for a revised taxi fares scale. Recommendations for adjustments to the taxi fares scale are made, based on cost changes since the last review. 1.2 Previous reviews The taxi tariff was revised in November 2019, based on costs calculated in October 2019, using the latest available data at that time. In order to assess relevant cost changes, we need to compare present day operating costs with those calculated in October 2019 and derive the proportionate change in cost between the two sets of data. The proportion of cost change is then used as the basis for recommending potential changes to the distance and time based fares used in the taxi tariff table. Page 37 of 54
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Appendix 4.docx, 2 Vector Transport Consultancy www.vector-consultancy.co.uk 2 COSTS ASSESSED 2.1 Overview of methodology A common approach to reviewing fares, is to use a basket of costs as a representative basis for comparing overall costs between dates. The combination of costs that is used to determine changes in cost, varies between licensing authority areas. The method used in this report to calculate the change in costs associated with operating a taxi in Renfrewshire uses several component costs which are associated with operating a taxi. These costs do not necessarily encompass all costs which are incurred by all taxi drivers and owners. The costs are intended to provide a reasonable basis for weighting the relative changes in cost for the main components of cost within the overall basket of costs. Indices of cost changes are available for several elements of motoring costs. The change in cost can vary by the element of cost. For example, the change in fuel cost can be relatively volatile compared with, for example, changes in the cost of tyres or indeed the change in vehicle purchase and depreciation cost. Therefore, it would not be reasonable to choose the variation in a single cost element (such as fuel) as the basis for deciding on changes in taxi fares. The cost indices should be weighted according to what proportion of overall cost each element represents. So, for example, if fuel accounts for say 11% of annual cost, then the fuel price index would be weighted to represent 11% of overall cost change index. The weighting of cost indices is achieved by using current [present day] costs to calculate an aggregate operating cost. The present day costs were then compared with the costs calculated for the last fares review, which used costs for September and October 2019 [base cost]. The base cost and present day costs were then aggregated and the difference in overall aggregate cost was used as the overall cost change index. In this way, the changes in major cost elements, such as vehicle depreciation and driver labour cost, have a greater influence than relatively minor elements such as Vehicle Excise Duty. The costs used to derive the overall change in cost index are: • Vehicle cost • Servicing • Fuel • Insurance • Vehicle Excise Duty • Licensing cost • Average National Earnings Most of the costs are influenced by the annual mileage driven. Based on feedback from the trade, the average annual mileage is estimated to be approximately 38,200 miles. Page 38 of 54
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Appendix 4.docx, 3 Vector Transport Consultancy www.vector-consultancy.co.uk 2.2 Vehicle Costs The most common vehicles used in 2019 were Peugeot Partner Premier, Renault Traffic and Mercedes Vito. The profile of the current fleet is similar. The Peugeot Partner Premier is no longer in production, so an equivalent current production vehicle has been used for comparative purposes. Whilst not all owners follow the same practice, a common approach is to purchase a vehicle, with finance. Vehicles are commonly kept for 5 years, which coincides with common 60 month financing deals. The cost of financing a vehicle over 60 months has been taken as the representative cost of ownership. This figure represents the actual annual cost of keeping a vehicle, and takes into account interest and depreciation. The cost of the three types of vehicle vary significantly. A weighted vehicle cost has been derived, which is weighted by a third for each vehicle. i.e. a third of the cost of the Peugeot Partner, plus a third of the cost of a Renault Traffic plus a third of the cost of a Mercedes Vito. Present day and base costs were derived for each vehicle. The present day equivalent new vehicle has been used to derive the cost for each of the three vehicle types. The current equivalent to a Peugeot Partner vehicle used is a Peugeot Rifter Horizon RS, the Renault Traffic and Mercedes Vito equivalents are still available for comparison purposes. The present day annual weighted cost was calculated as £9,868. The base cost was calculated for the previous cost review was £6,082. 2.3 Servicing cost The cost of vehicle servicing, including parts and labour, varies by vehicle. The mean cost of servicing and maintenance was estimated to be £2,391 in 2019. The Office of National Statistics publish a range of inflation indices related to costs incurred by society. One of these indices relates to maintenance and repair of vehicles. The index indicates that the cost of maintenance has increased since October 2019 by 12.36% Therefore, the October 2022 maintenance cost has been assumed to have increased from the 2019 level, to £2,687 in 2022. 2.4 Fuel cost Fuel consumption for the three most popular vehicles varies. For the calculation of a suitable value for fuel cost, we have obtained the urban fuel consumption for the most fuel efficient diesel version of each model. The fuel consumption rates obtained were as follows: Peugeot Partner, 61.4 mpg Peugeot Rifter Horizon RS, 57.4 mpg Renault Traffic, 44.8 mpg Mercedes Vito, 39.2 mpg For the purposes of this calculation, we have calculated the cost of fuel for an annual mileage of 38,200 miles, for each vehicle type, for both 2019 and 2022. The average supermarket cost of diesel in October 2019 was £1.285 per litre. In September 2022 (the latest report available at the time of writing), the average supermarket cost of diesel was £1.820 per litre. Therefore, based on the fuel consumption figures above, the cost of fuel for each type of vehicle is as follows: Page 39 of 54
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Appendix 4.docx, 4 Vector Transport Consultancy www.vector-consultancy.co.uk Table 1 - Fuel Costs Cost 2019 Cost 2022 Mileage 38,200 Cost per litre £1.285 £1.820 Fuel Consumption (mpg) Annual fuel consumed (gallons) Annual fuel consumed (litres) Annual fuel cost Annual fuel cost Peugeot Partner Premier 61.4 622.1 2,828.3 £3,634.43 Peugeot Rifter Horizon RS 57.4 665.5 3,028.0 £5,510.96 Renault Traffic Business 44.8 852.7 3,876.4 £4,981.11 £7,055.05 Mercedes Vito 39.2 974.5 4,430.1 £5,692.70 £8,062.78 average 816.4 £4,769.41 £6,876.26 The average cost was derived as the average of the three vehicle types. 2.5 Insurance The cost of insurance varies by the individual and vehicle insured. The average insurance cost was estimated to be around £1,030 per annum for the previous cost review in 2019. Office of National Statistics publish a range of inflation indices related to costs incurred by society. One of these indices relates to motor vehicle insurance. The index indicates that the cost of insurance has increased since 2019 by 9.9% Therefore, the October 2022 insurance cost has been assumed to have increased from the 2019 level, to £1,132. 2.6 Vehicle Excise Duty cost Vehicle excise duty has two stages of charge. For the purchase of a new vehicle, there is a first year Vehicle Excise Duty charge, followed by an annual charge in subsequent years. The duty charges have been assessed over 5 years for each vehicle type and a mean cost calculated, for each assessment year. The costs for 2019 are as follows: Page 40 of 54
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Appendix 4.docx, 5 Vector Transport Consultancy www.vector-consultancy.co.uk Table 2 - 2019 VED Costs 2019 VED rates First year Subsequent years Average over 5 years Peugeot Partner Premier £150 £145 £146 Renault Traffic Business £210 £145 £158 Mercedes Vito £530 £145 £222 Average £175.33 The costs for 2022 are as follows: Table 3 - 2019 VED Costs 2022 VED rates First year Subsequent years Average over 5 years Peugeot Rifter Horizon RS £230 £165 £178 Renault Traffic Business £230 £165 £178 Mercedes Vito £945 £165 £321 Average £225.67 2.7 Licensing costs There are some recurring licensing costs incurred, associated with operating a taxi. The 2019 costs were calculated as follows: A taxi operators licence is renewed every 2 years at a cost of £276, equating to £138 per annum A taxi driver licence is renewed every 2 years at a cost of £102, equating to £51 per annum. Annual taxi test fees of £109.95 are required. Therefore total licensing costs per annum in 2019 was £298.95. In October 2022, a licensing charges are: A taxi operators licence is renewed every 2 years at a cost of £331, equating to £165.5 per annum A taxi driver licence is renewed every 2 years at a cost of £109, equating to £54.5 per annum. Annual taxi test fees of £75.45 are required. Therefore total licensing costs per annum in 2022 is £295.45 Page 41 of 54
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Appendix 4.docx, 6 Vector Transport Consultancy www.vector-consultancy.co.uk 2.8 Average national earnings The Office of National Statistics collects and publishes earnings data. The mean annual gross earnings for all workers is published. The data for Scotland has been obtained for 2019 and for 2021 provisional data [the latest data available]. The average gross earnings for 2019 were £28,626. The equivalent average gross earnings for 2021 were £29,798. The difference in earnings between 2019 and 2021 was an increase of 4.1%. Total costs calculations The total indicative annual costs have been summarised in the following table: Table 4 - Annual Operating Costs Cost item 2019 Costs 2022 Costs Vehicle cost £6,082 £9,868 Servicing £2,391 £2,687 Fuel £4,769.41 £6,876.26 Insurance £1,030 £1,132 Vehicle Excise Duty £175.33 £225.67 Licensing cost £298.95 £295.45 Average National Earnings £28,626 £29,798 Total cost £43,372.69 £50,882.38 The proportionate change in overall costs between 2019 and 2022 was an increase of 17.31%. Page 42 of 54
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Appendix 4.docx, 7 Vector Transport Consultancy www.vector-consultancy.co.uk 3 CONSIDERATION OF OTHER INFORMATION 3.1 Retail Price Index The office of National Statistics publishes the Retail Price Index on a monthly basis. The index for October 2019 was 290.4. The equivalent index value for September 2022 (the latest data available) was 347.6. To calculate inflation between October 2019 and September 2022, we divide the later index value by the earlier index value, i.e. 347.6 / 290.4 = 1.197 Therefore, inflation between October 2019 and September 2022 was 19.7% 3.2 Comparison of UK average fares The publication Private Hire and Taxi Monthly maintains a league table of taxi fares around the UK. The table contains an average cost for a 2 mile taxi fare in the UK. In October 2019, the median position 2 mile fare, in PHTM table (rank 179) cost £6.00 In October 2022, the median position 2 mile fare, in PHTM table (rank 174) cost £6.60 The difference in fares between 2019 and 2022 equates to an increase of 10.0% In October 2019, the 2 mile fare, in Renfrewshire PHTM table (rank 229) cost £5.70 The October 2022 PHTM table Renfrewshire 2 mile fare is £6.15 and ranked 245. Page 43 of 54
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Appendix 4.docx, 8 Vector Transport Consultancy www.vector-consultancy.co.uk 4 CONCLUSIONS AND RECOMMENDATION 4.1 Conclusions There is evidence that operational costs have increased significantly since the last fares increase. The cost increase was less than Retail Price Inflation. However, it is noted that the latest average earnings data relates to 2021 average earnings and are likely to underestimate the equivalent annual earnings for 2022. Consequently, the operational cost increase calculation is likely to be a conservative calculation. The operational cost increase was significantly higher than the increase in the UK average for a 2 mile taxi fare. 4.2 Recommendation It is recommended that a fares increase be considered in line with the proportionate operation costs incurred since the last increase in 2019. As such, fares should increase by approximately 17.3%. It is not practical to simply apply this increase to each of the elements in the Taxi Tariff in Renfrewshire. It is generally preferred that some of the elements are rounded to the nearest 5 or 10 pence. Furthermore, some elements of a taxi fare are rounded up within the meter. For example, for journeys longer that the minimum fare distance (currently half a mile), the cost increases by 30 pence for each 315 yards or part thereof, so a journey which is one yard over the half mile would cost the same as a journey which is 314 yards over the half mile. Consequently, when the tariff is changed, the increase in fares charged is not a consistent percentage for all distances travelled. Various adjustment can be made to different elements of the tariff rates to generate a resultant increase of around 17.3% in a typical fare. The fare structure includes an adjustment to Tariff 1 rates of normal fare plus 1/3 to form Tariff 2. Therefore it is prudent to take this adjustment into account when considering fare adjustments. Where possible, it is recommended that fare components are divisible by 3 to facilitate Tariff 2 adjustments and where feasible, divisible by 10 to facilitate rounding of fares. The current Tariff Card for taxi fares indicates that the minimum fare for a distance not exceeding ½ mile is £3.45. Each additional 315 yards, or part thereof is charged at £0.30. If we were to apply an increase to the minimum fare and round this off, the £3.45 increased by 17.3% would be £4.0469 This would naturally be rounded to £4.05, which is divisible by 3 and fits with the Tariff 2 multiplier. The incremental distance on which charges for journeys in excess of ½ mile are currently charged is 315 yards. A charge of £0.30 is added for each additional 315 yards or part thereof. Applying the 17.3% increase to £0.30 would result in £0.3519. Even if rounded off to the nearest penny, a charge of £0.35 per 315 yards is not practical. Consequently, one would normally keep the incremental cost the same, but adjust the incremental distance in line with the proposed Page 44 of 54
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Appendix 4.docx, 9 Vector Transport Consultancy www.vector-consultancy.co.uk increase in cost. The incremental distance would be reduced, so that over longer distances, more increments would be covered and this in turn would lead to a proportionate increase in cost. On this basis, we would consider reducing the 315 yard current increment by 17.3%, to 268.542 yards. In practice, this would be rounded off to 267 yards, which is divisible by 3. If the increase in flag drop fare and reduction in incremental distance are applied, the resultant proportionate increase in cost will vary by distance, owing to the rounding up effects of the charging structure. The differences in distance based fare are illustrated in the following tables over a variety of distances. Figure 1 indicates that over longer distances, the increase tends towards 17.3%, with the increase varying around this proportion for shorter distances. Table 5 – Proposed tariff change Option Existing Proposed Flag drop minimum fare £3.45 £4.05 Cost per additional distance increment £0.30 £0.30 Length of additional distance increment 315 267 The distance based fares comparison for the existing and proposed tariff is illustrated as follows: Page 45 of 54
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Appendix 4.docx, 10 Vector Transport Consultancy www.vector-consultancy.co.uk Table 6 - Distance based costs associated with tariff options Current fare Proposed fare Resulting % increase in fare Flag drop minimum fare £3.45 £4.05 17.4% Cost 1 mile £4.35 £5.25 20.7% Cost 2 miles £6.15 £7.05 14.6% Cost 3 miles £7.65 £9.15 19.6% Cost 4 miles £9.45 £11.25 19.0% Cost 5 mile £11.25 £13.05 16.0% Cost 6 miles £12.75 £15.15 18.8% Cost 7 miles £14.55 £16.95 16.5% Cost 8 miles £16.05 £19.05 18.7% Cost 9 mile £17.85 £21.15 18.5% Cost 10 miles £19.65 £22.95 16.8% Cost 15 miles £28.05 £32.85 17.1% Cost 20 miles £36.15 £42.75 18.3% Page 46 of 54
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Appendix 4.docx, 11 Vector Transport Consultancy www.vector-consultancy.co.uk Figure 1 - Resulting percentage increase in fare with the proposed tariff Waiting time is currently 36 pence per 2 minutes or part thereof. If a 17.3% increase were applied to this charge, the cost per 2 minutes could rise to 42.228 pence. This would in practice be rounded to 42 pence per 2 minutes or part thereof. The existing tariff card includes several extra charges. It is proposed that the majority of the extra charges are increased by 17.3% and rounded to the nearest amount which is divisible by 3. Therefore , the additional charge per passenger in excess of 4, would increase from 60 pence to 69 pence. Additional charge for journeys commencing after midnight and before 5.00 am Sunday to Thursday, would increase from £1.60 to £1.89. Additional charge for journeys commencing after midnight and before 5.00 am Friday and Saturday, would increase from £2.00 to £2.34. The Glasgow Airport terminal pick up or drop off charge is currently set at £4.00. This would not be adjusted, unless the Airport changed the charges levied on Taxis. 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, would increase from £1.00 to £1.20. 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% Resulting % increase in fare Resulting % increase in fare Page 47 of 54
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___________________________________________________________________ To: Regulatory Functions Board On: 2nd February 2023 ___________________________________________________________________ Report by: Director of Finance and Resources ___________________________________________________________________ Heading: Review of Public Entertainment Licensing Resolution: Final Procedure ___________________________________________________________________ 1. Summary 1.1 At a meeting of 10th November 2022, the Board agreed various recommendations in relation to a review of the Council’s public entertainment licensing policies and practices. 1.2 In particular, the Board agreed, as suitable for advertising, a proposed new public entertainment licensing resolution, which would, if introduced, vary the Council’s current resolution by removing certain classes of public entertainment from licensing. The Board also instructed officers to arrange publication of the proposed new resolution. 1.3 The purpose of this report is to advise the Board of the position following upon expiry of the 28 day period after publication of the advertisement and to recommend that the proposed new Resolution be made. The proposed new resolution, which if agreed by the Board will vary the terms of the existing one, is attached at Appendix 1, which also includes the further statutory notice which will require to be given. ___________________________________________________________________ 2. Recommendations It is recommended that the Board: Item 3 Page 49 of 54
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2.1 Resolve that, from 1st March 2023, the activities provided for in the proposed varied Resolution set out at Appendix 1 shall require to be licensed in accordance with the provisions of the Civic Government (Scotland) Act 1982 relating to Public Entertainment licensing; 2.2 Instruct officers to publish the terms of said Resolution in a newspaper circulating in the Council’s area, together with a notice under Section 9(8)(b) of that Act, all as set out at Appendix 1; and 2.3 Otherwise note the terms of the Report. ________________________________________________________ 3. Background 3.1 Under the terms of the Civic Government (Scotland) Act 1982 (“the 1982 Act”), the Council may resolve to license certain activities, including public entertainment. Where it decides to license public entertainment, it must specify the places or classes of public entertainment which require to be licensed. The Council has had in place a public entertainment licensing resolution for many years. The terms of the current public entertainment licensing resolution came into effect in 2013. 3.2 On 10th November 2022, the Board considered a report by the Director of Finance and Resources in relation to a review of this resolution. The Board agreed at the meeting the terms of a proposed new resolution to vary the existing one, as suitable for advertising, and instructed officers to advertise the proposed new resolution in a local newspaper. The proposed new resolution seeks to remove from the requirement for a licence: events in community halls; various other small-scale indoor events; local gala days and similar annual local community events, and premises used for dancing which are not exempt in terms of section 41(2) of the Civic Government (Scotland) Act 1982. 3.3 Following the Board’s decision on the above date, an advertisement was placed in the Paisley Daily Express newspaper on 30th November 2022 publishing the terms of the proposed amended Resolution together with a notice stating that the Board intended to make the Resolution and that representations about that Resolution may be made in writing to the Council as licensing authority within 28 days from publication. No representations have been received in response. 3.4 The Board is now requested to resolve that, as from 1st March 2023, the activities provided for in the proposed varied Resolution, which is set out at Appendix 1 together with the required statutory notice to be given (if the Resolution is agreed), shall require to be licensed in accordance with the provisions of the Civic Government (Scotland) Act 1982 relating to public entertainment and shall be regulated by those provisions. As required by the Act, the Council must publish the terms of the Resolution and accompanying notice set out at Appendix 1, in a newspaper circulating in Renfrewshire, should the Board agree to make the proposed varied Resolution. Page 50 of 54
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3.5 The proposed Resolution, if made, will come into effect on 1st March 2023 as set out within its terms, replacing the existing Resolution at that time. From that date, the classes of entertainment set out in the current Resolution but omitted or excluded from the proposed Resolution will no longer require a public entertainment licence. The Board, at its meeting on 10th November 2022, instructed officers to exercise discretion in relation to enforcement of these activities meantime, pending completion of the review. 3.6 The Board is entitled, before making a new resolution to take effect within the recommended timescale, to modify the proposed resolution provided that the modifications do not extend the scope of the licensed activities. It would not be open to the Board to modify the proposed Resolution to add new activities at this time, as no such proposals have been advertised. The provisions of the 1982 Act also require a period of nine months to elapse before any new classes of public entertainment could be brought within the ambit of public entertainment licensing following the making of a new Resolution. _________________________________________________________________ Implications of the Report 1. Financial – As detailed in the report agreed by the Board on 10th November, although reducing the scope of the public entertainment licensing resolution would mean less licence applications being received, the Council currently processes a number of licence applications without receiving payment of an application fee. Any loss of income is not likely to exceed £2,000. This will be offset in terms of reducing the number of applications which are currently processed without payment of a fee. There will also be costs necessarily incurred to advertise the final terms of the Resolution in a newspaper. 2. HR & Organisational Development – Nil 3. Community Planning – Our Renfrewshire is thriving- Delivering improved regulation throughout all communities to facilitate cultural events and promote a positive image of Renfrewshire. Our Renfrewshire is well- Enabling communities to influence the places that affect them and allowing people to connect to their communities. Creating a sustainable Renfrewshire for all to enjoy- Empowering communities to provide sustainable services. 4. Legal – Part 2 of the Civic Government (Scotland) Act 1982 deals with licensing and regulation of particular activities. Section 9 of the Act affords local Licensing Authorities the discretion to license a range of activities including Public Entertainment. In order to add to or amend the list of activities which require to be licensed, the Council requires to vary its existing Resolution under Section 9 of the 1982 Act. Page 51 of 54
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In terms of Section 9(8) of the Act, the Licensing Authority shall, as soon as they have made the resolution, publish in a newspaper or newspapers circulating in their area the terms of the Resolution together with a notice. An expedited procedure applies where, as recommended in the report, an existing licensing resolution is to be varied to reduce its scope, allowing the changes to come into effect on any specified date subsequent to the making of the resolution. 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, as those recommendations seek only to remove regulation from certain events. It is likely that any impacts will be positive, through facilitating local events, particularly in remote communities. 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 10. Risk - Nil 11. Privacy Impact - Nil 12. Cosla Policy Position – Nil 13. Climate Emergency – Nil _________________________________________________________ List of Background Papers- None. ___________________________________________________________________ Author: Douglas Campbell, Assistant Managing Solicitor (Licensing), 0141- 618-7172, douglas.campbell@renfrewshire.gov.uk Page 52 of 54
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Appendix 1 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 PUBLIC ENTERTAINMENT LICENSING Notice is hereby given in accordance with the provisions of Section 9 of the above Act that with effect from the date specified below as that on which the below Resolution comes into effect it will be an offence under section 7(1) of that Act to do without a licence whatever this resolution specifies as being an activity requiring to be licensed. Applications for licences for the activities set out in the below Resolution already require to be made in terms of the Council’s existing public entertainment licensing resolution (along with other activities which will be removed from the licensing requirements from the date specified below) and considered by the Council as licensing authority. The requirement to apply for any licence under the terms of the Council’s existing public entertainment licensing resolution will continue until the Resolution below comes into effect. Resolution Renfrewshire Council, by virtue of the powers conferred on them by Section 9 of the Civic Government (Scotland) Act 1982, do hereby resolve to vary the existing Resolution in respect of that optional provision of Part 2 of the said Act namely Public Entertainment Licensing in that, as from 1st March 2023, the said Resolution is varied and shall have effect within the whole of the area of Renfrewshire Council in so far as the particular activity as varied and referred to herein shall require to be licensed in accordance with the provisions of the said 1982 Act, as amended, and shall be regulated by those provisions, videlicet:- The use of premises as a place of public entertainment in respect of the following places or classes of places, namely:- (a) Open air concerts, (b) Circuses, (c) Fairgrounds, (d) Large fetes with tented accommodation for the public (excluding any such fete organised by (i) a school,(ii) a church, or (iii) a voluntary organisation where such event is to take place within the grounds of said school, church or voluntary organisation), (e) Snooker, billiards and pool halls which do not have a liquor licence. (f) Video machine arcades (not otherwise regulated under the Gambling Act 2005) (g) Concert halls. (h) Premises used for fireworks displays. (i) Premises used for pop concerts or other live performances. (j) Premises used for variety and musical shows. (k) Premises used for paintball games. (l) Premises used for bungee jumping and bungee running. (m) Motor truck shows and displays. (n) Premises used as suntan centres or offering sunbed treatments. Page 53 of 54
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BUT excluding the following activities: (1) events taking place within community halls; (2) indoor events held by local community or voluntary groups on premises and, separatim, indoor events of a charitable or philanthropic nature held on premises where, in either case, the capacity will not exceed 500 persons; and (3) Local gala days and similar annual local community events, except in relation to any fairground or fireworks display provided as part of the event (which will continue to require a licence in accordance with activities (c) or (h) above). This Resolution replaces the Council’s existing Resolution which will remain in force until the date this Resolution comes into effect. The exemptions numbered as (1) to (3) above shall apply from 1st March 2023. Date of Publication: TBC Page 54 of 54