Agenda Document Pack - Licensing Committee - 23/04/2024

South Lanarkshire Council · 23 April 2024
Back to Licensing Committee — 23 April 2024 and its agenda

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Council Offices, Almada Street        
Hamilton, ML3 0AA 
Monday, 15 April 2024 
Dear Councillor 
Licensing Committee 
The Members listed below are requested to attend a meeting of the above Committee to be
held as follows:- 
Date:  Tuesday, 23 April 2024
Time:  10:00
Venue: By Microsoft Teams and Committee Room 1, 
The business to be considered at the meeting is listed overleaf. 
Yours sincerely 
Paul Manning
Chief Executive 
Members 
Andy Carmichael (Chair), Bert Thomson (Depute Chair), Joe Fagan (ex officio), Poppy
Corbett, Margaret Cowie, Julia Marrs, Monique McAdams, Mark McGeever, David Shearer,
Helen Toner 
Substitutes
Robert Brown, Mary Donnelly, Gladys Ferguson-Miller, Kenny McCreary, Davie McLachlan
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of the meeting of the Licensing Committee held on 19 March
2024 submitted for approval as a correct record. (Copy attached) 
5 - 8 
Item(s) for Decision 
3 Review of Taxi Fares
Report dated 8 April 2024 by the Executive Director (Finance and Corporate
Resources).  (Copy attached) 
9 - 14 
Urgent Business 
4 Urgent Business
Any other items of business which the Chair decides are urgent. 
Exclusion of Press and Public 
5 Exclusion of Press and Public
It is recommended that the Committee makes the following resolution:-  
"That, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973,
the press and public be excluded from the meeting for the following item(s) of
business on the grounds that it is likely that there will be disclosure of exempt
information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act." 
Item(s) for Decision 
6 Civic Government (Scotland) Act 1982 (As Amended) - Application for
Renewal of Private Hire Car Driver’s Licence No 353
• Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the
Act 
7 Civic Government (Scotland) Act 1982 (As Amended) - Application for
Renewal of Private Hire Car Operator’s Licence No 2232
• Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the
Act 
8 Civic Government (Scotland) Act 1982 (As Amended) - Application for
Short Term Let Licence
• Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the
Act 
For further information, please contact:-
Clerk Name: Carol Lyon
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Clerk Telephone: 07385370065
Clerk Email: carol.lyon@southlanarkshire.gov.uk 
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LICENSING COMMITTEE 
Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street,
Hamilton on 19 March 2024 
Chair:
Councillor Andy Carmichael 
Councillors Present:
Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Mary Donnelly (substitute for
Councillor Helen Toner), Councillor Julia Marrs, Councillor Mark McGeever, Councillor David
Shearer 
Councillors' Apologies:
Councillor Joe Fagan (ex officio), Councillor Monique McAdams, Councillor Bert Thomson (Depute),
Councillor Helen Toner 
Attending:
Finance and Corporate Resources
M Gordon, Administration Assistant (Items 1 to 7 only); C Lyon, Administration Officer; C McKee,
Licensing and Registration Co-ordinator; D McLardy, Legal Services’ Adviser; L Wyllie,
Administration Assistant 
1 Declaration of Interests 
No interests were declared. 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Licensing Committee held on 27 February 2024 were
submitted for approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
3 Civic Government (Scotland) Act 1982 (As Amended) - Licensing of Taxis and
Private Hire Cars – Review of Standards for Taxis and Private Hire Cars 
A report dated 21 February 2024 by the Chief Executive was submitted on the review of
standards for taxis and private hire cars in terms of the Civic Government (Scotland) Act 1982
(as amended). 
At present, the upper age limit for licensed saloon-type vehicles (ie, non purpose built vehicles)
was 10 years and there was also the requirement for a fire extinguisher to be fitted in the
vehicle. 
Requests had been received from the trade for the upper age of vehicles registered as taxis and
private hire cars to be increased from 10 years to 12 years.  This was due to the current cost of
living crisis and the lack of availability of suitable second-hand cars. 
Trade representatives had expressed at meetings of the Taxi and Private Hire Focus Groups
that this had resulted in a reduction in their ability to provide a sufficient level of service to meet
the needs of the travelling public.
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The trade also advised that, in terms of a fire extinguisher being fitted in vehicles, this gave the
impression to customers that drivers would tackle a fire in a vehicle.  This was not the advice
given by the Scottish Fire and Rescue Service and the trade considered that there should be no
requirement to have a fire extinguisher in the vehicle. 
No other amendments to the vehicle standards were proposed at this time.  The effect of the
proposed amendments would, therefore, be that the upper age limit a vehicle could be licensed
would increase to 12 years.  All vehicles which were more than 5 years old would continue to be
subject to random 6-monthly inspections.  There would be no requirement for a fire extinguisher
to be fitted in the vehicle. 
The amended standards were detailed in Appendix 1 of the report. 
Following discussions in terms of a fire extinguisher being fitted in vehicles, members agreed
that fire extinguishers should not be mandatory, but it would be good practice for drivers to have
one in the vehicle. 
The Committee decided: 
(1) that Clause 2 of the Standards for taxis and private hire cars be amended to provide that
the upper age limit for any licensed saloon-type vehicle (ie non purpose built vehicles) be
increased from 10 years to 12 years; and 
(2) that Clause 8 relating to the requirement for a fire extinguisher to be fitted in the vehicle be
amended to “Whilst it is not mandatory, it is good practice, for a fire extinguisher to be
fitted in the vehicle.” 
4 Urgent Business 
There were no items of urgent business. 
5 Exclusion of Press and Public 
The Committee decided: that, in terms of Section 50A(4) of the Local Government
(Scotland) Act 1973, the press and public be excluded from
the meeting for the following items of business on the
grounds that it was likely that there would be disclosure of
exempt information in terms of Paragraphs 6 and 14 of Part
I of Schedule 7A of the Act. 
6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of
Suspension or Revocation of Private Hire Car Driver's Licence No 232 
A report dated 19 February 2024 by the Chief Executive was submitted:- 
♦ advising on action taken, in terms of Standing Order No 37(c), in view of the timescales
involved and a serious threat to public order or safety, by the Chief Executive, in
consultation with the Chair and an ex officio member, to order the immediate suspension
of private hire car driver’s licence No 232, with effect from 19 February 2024 
♦ proposing that consideration be given to whether private hire car driver’s licence No 232
be suspended or revoked
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In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a
hearing had been offered to the licence holder who was not present or represented.  A
complaint had been received from Police Scotland. 
The Committee decided: 
(1) that the action taken, in terms of Standing Order No 37(c), by the Chief Executive, in
consultation with the Chair and an ex officio member, to suspend private hire car driver’s
licence No 232, with effect from 19 February 2024, for a maximum period of 6 weeks, be
noted; and 
(2) that private hire car driver’s licence No 232 for the Cambuslang and Rutherglen zone be
suspended with immediate effect for the remainder of the period of licence. 
7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term
Let Licence 
A report dated 29 February 2024 by the Chief Executive was submitted on an application for a
short term let licence in terms of the Civic Government (Scotland) Act 1982 (as amended). 
In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a
hearing had been offered to the applicant who was present and heard in support of his
application and accompanied by Mrs Luckman.  Objections had been received from J Blunt, A
Lyall and N Cameron.  J Blunt and N Cameron were present and heard.  Letters of support had
been received from C McCusker and D Cryans, local residents. 
The Committee decided: that the application for a short term let licence be granted
subject to the conditions specified by the Executive
Director (Finance and Corporate Resources):- 
Applicant: A Luckman 
Type of Licence: Short term let 
Premises: Home2Home Meadow Close, 6 Meadow Close, East Kilbride 
Category: Home sharing and letting 
Occupancy: 3 to 6 persons 
In terms of Standing Order No 14, the Chair adjourned the meeting at 12.19pm and reconvened at
12.29pm.  Councillors Marrs and McGeever were not present when the meeting reconvened 
8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of
Suspension or Revocation of Street Trader’s Licence No 007 
A report dated 29 February 2024 by the Chief Executive was submitted proposing that
consideration be given to whether street trader’s licence No 007 should be suspended or
revoked. 
In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a
hearing had been offered to the licence holder who was present and heard in support of
retaining his licence.  A letter of complaint had been received from Police Scotland and
Sergeant Brown was heard. 
The Committee decided: that street trader’s licence No 007 in the Cambuslang and
Rutherglen zone be suspended with immediate effect for
the remainder of the period of licence.
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9 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of
Suspension or Revocation of Private Hire Car Driver's Licence No 803 
A report dated 5 March 2024 by the Chief Executive was submitted:- 
♦ advising on action taken, in terms of Standing Order No 37(c), in view of the timescales
involved and a serious threat to public order or safety, by the Chief Executive, in
consultation with the Chair and an ex officio member, to order the immediate suspension
of private hire car driver’s licence No 803, with effect from 5 March 2024 
♦ proposing that consideration be given to whether private hire car driver’s licence No 803
be suspended or revoked 
In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a
hearing had been offered to the licence holder who was not present or represented.  A
complaint had been received from Police Scotland. 
The Committee decided: 
(1) that the action taken, in terms of Standing Order No 37(c), by the Chief Executive, in
consultation with the Chair and an ex officio member, to suspend private hire car driver’s
licence No 803, with effect from 5 March 2024, for a maximum period of 6 weeks, be
noted; and 
(2) that private hire car driver’s licence No 803 for the Cambuslang and Rutherglen zone be
suspended with immediate effect for the remainder of the period of licence. 
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Report
Agenda Item 
Report to: Licensing Committee 
Date of Meeting: 23 April 2024
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Taxi Fares 
1. Purpose of Report
1.1. The purpose of the report is to:-
urpose]
 update the Committee with the progress of the statutory taxi fares review in the
Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton zones of
South Lanarkshire, and seek Committee’s approval for the next stage of the
review
[1purpose]
2. Recommendation(s)
2.1. The Committee is asked to approve the following recommendation(s):-
[recs]
(1) that the statutory taxi fares review procedure for the Cambuslang and
Rutherglen, Clydesdale and East Kilbride zones of South Lanarkshire be
further progressed, with the proposal that there should be no increase in the
current fares tariff and the tariff should remain unchanged;
(2) that the statutory taxi fares review procedure for the Hamilton zone of South
Lanarkshire be further progressed, with the proposal that there should be an
increase of 60 pence over a two mile hire and various other increases as
detailed at Appendix 2; and
(3) that authority be delegated to the Head of Administration and Legal Services
to make the necessary arrangements to progress the statutory taxi fares
review, with a further report to be submitted to a future meeting of the
Committee.
[1recs]
3. Background
3.1. In terms of Section 17 of the Civic Government (Scotland) Act 1982 (as amended)
Licensing Authorities must review and fix taxi fares in their area at intervals not
greater than every 18 months. 
3.2. The Council last fixed taxi fares on 20 June 2023. 
3.3. The Council has since its inception in 1996 adopted an approach to fixing taxi fares
across four zones being Clydesdale, East Kilbride, Hamilton and
Rutherglen/Cambuslang.  This approach reflected the different arrangements within
predecessor authorities and mirrors the areas by the 4 Licensing Boards. 
3.4. In the usual way, the initial requirement of this review is for the Council, as Licensing
Authority, to consult with persons or organisations appearing to them to be, or be
representative of, the operators of taxis within their Council area. 
3
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4. Present Position
4.1. All 39 Cambuslang and Rutherglen operators were written to and responses were
received from 2 operators.  1 indicated that they would like the meter to start at £4.30
instead of £3.90 and the running mile of £1.20 increased to £1.60.  The other
operator responded asking for an increase, however, did not give an indication as to
what that should be.  No other responses were received.  Given the limited
response, it is therefore proposed that the fares tariff remains as at present, as
detailed in Appendix 1. 
4.2. All 93 Clydesdale operators were written to with responses being received from 2
operators who hold 59 licences between them indicating no fares increase is
requested.  It is therefore proposed that the fares tariff remains as at present, as
detailed in Appendix 1. 
4.3. The East Kilbride taxi trade organisation has indicated that no fares increase is
requested.  It is therefore proposed that the fares tariff remains as at present, as
detailed in Appendix 1. 
4.4. All 132 Hamilton operators were written to with 16 operators and Hamilton Taxi
Operators Association (TOA) responding as follows:- 
 first 880 yards not exceeding £3.80, for each additional 176 yards 20 pence
(Average two mile hire £6.80), waiting and stoppage time increased to 25 pence
per minute (£15 per hour)
 40 pence on the flag fall
 flag fall of £3.60 same running mile, Christmas Eve tariff to start at 8.00pm and
for it to go from one third of the meter to one half of the meter through to 12
midnight on 26 December
 requested an increase but has not indicated what that increase should be
 flag fall of £4.20 and surcharges increased from one third to meter plus one half,
cost of the running mile is £1.40 per mile and is currently higher than all local
private hire companies so it may be unwise to increase this at that time
 one respondent raised the issue of increased running costs eg insurance and
vehicle repairs and servicing and was of the view that taxi fares were less in
Hamilton than in other areas.  They indicated that they would like the cost of the
flag fall to increase to £3.50 with the overall cost of the first mile to increase to
£5.00
 40 pence on the flag fall, channel 3 from 10.00pm till 5.00am, keep channel 3
meter and a third on 24 and 31 December but meter and a half on 25 and 26
December and 1 and 2 January
 increase starting fare from £3.20 to £3.50 and carried forward onto fare after
10.00pm
 increase flag fall from £3.20 to £3.60
 increase flag fall from £3.20 to £3.80 because of the price of fuel and service
costs.  Christmas tariff increased to meter and a half as most private hire
companies are double fare to make it worthwhile coming out to work
 an operator who holds 10 taxi licences requests flag fall increase from £3.20 to
£3.60 from 5.00am till 10.00pm.  From 10.00pm till 5.00am would be same £4.40
 Hamilton TOA requested not exceeding 880 yards rising from £3.20 (change to
£3.60 from 5.00am to 6.00pm), not exceeding 880 yards £4.40 from 6,00pm to 12
midnight), not exceeding 880 yards from £5.86 from 12 midnight to 5.00am), a
surcharge of one half of the normal metered fare may be charged for each hire
from 6.00am on 24 December until 5.00am on 27 December and from 6.00am on
31 December until 12 midnight on 2 January
 5 operators have indicated that no fares increase is requested 
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12 operators who responded seeking an increase have one taxi each, 1 operator
holds 10 taxi licences and Hamilton TOA represent a number of operators.
The proposals are as per Appendix 2.
Officers took all of the above responses into account and drafted the proposal set
out at Appendix 2, as being a reasonable representation of the views received.
4.5. As members will be aware, even if there is no increase in the fares tariff, the formal
review procedures still require to be undertaken.
5. Employee Implications
5.1. None.
6. Financial Implications
6.1. None.
7. Climate Change, Sustainability and Environmental Implications
7.1. No assessment of the impact on the environment has been made as the Civic
Government (Scotland) Act 1982 (as amended) does not allow us to take this into
account when determining the fares review.
7.2. There are no apparent implications in terms of sustainability.
8. Other Implications
8.1. If the fares review is not progressed the Council will be in breach of a statutory duty.
9. Equality Impact Assessment and Consultation Arrangements
9.1. There is no requirement to carry out an impact assessment in terms of the proposals
contained within this report.
9.2. Consultation with the taxi trade has been carried out to ascertain views on whether
or not there should be an increase in taxi fares this year. This has informed this
report, and the proposals for the next stage of the review process.
Jackie Taylor
Executive Director (Finance and Corporate Resources)
8 April 2024
Link(s) to Council Values/Priorities/Outcomes
 Focused on people and their needs
Previous References
 None
List of Background Papers
 None
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Margaret Mary Wilson, Legal Services Manager
Ext: 4501 (Tel: 01698 454501)
E-mail: margaretmary.wilson@southlanarkshire.gov.uk
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Appendix 1 
Current Fares Tariffs 
Cambuslang and Rutherglen Zone 
Not exceeding 880 yards £3.90 
For the next NINE additional 293 yards or any part 30 pence 
thereafter each additional 264 yards or any part 20 pence 
(initial average 2 mile hire of £6.60) 
Clydesdale Zone 
Not exceeding one mile £3.50 
For each additional 88 yards or any part thereof 13 pence   
(An average 2 mile hire of £6.10) 
East Kilbride Zone 
Not exceeding 880 yards £3.60 
For the next six additional 146 yards or any part £0.20 
For the next six additional 295 yards or any part £0.30 
thereafter each additional 246 yards or any part £0.20 
(an average 2 mile hire of £6.80) 
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Appendix 2 
Current Fares Tariff showing proposals
(Hamilton Zone) 
Exclusive Hire means that a single fare is payable by any one passenger for the exclusive hire of a taxi or private hire car, whether or not more than one passenger is carried.
8% 
HIRE of Taxi/Private Hire Car (fitted with a taxi meter) – 
Not exceeding 880 yards £3.20 (Propose £3.80)
For each additional 220 yards or any part thereof 20 pence 
(an average 2 mile hire of £5.60) (an average 2 mile hire of £6.20) (10.7% increase over a 2 mile hire) 
BEYOND THE AREA OF HAMILTON ZONE - subject to special agreement in advance with the hirer. 
WAITING TIME – 25p for each period of 1 minute or part thereof £15 per hour
STOPPAGE(S) AT REQUEST OF HIRER – 20p for each period of 1 minute or part thereof (£12 per hour) 
FARES BY TIME - subject to special agreement in advance with the hirer. 
NO FARE CHARGEABLE - for vacant return journey of taxi/private hire car from destination of hirer. 
SOILAGE CHARGE - the hirer will pay a soilage charge of £40 if the vehicle is soiled due to sickness caused by alcohol or drugs, any take-away spillage or any other fouling
of the vehicle. It shall not be charged if the vehicle is soiled either due to a child being sick or due to genuine illness. 
SURCHARGES 
(1) a surcharge of £1.20 may be charged for each hire begun between the hours of 10pm and 5 am (Propose £1.30). (8% increase on surcharge)   
(2) a surcharge of 1/3rd (Propose 1/2) of the normal metered fare may be charged for each hire from 6am on 24th December until 5am on 27th December and from 6am
on 31st December until 12 midnight on 2nd January. 
(3) a surcharge, to be specially agreed in advance with the hirer, may be charged for 5 or more passengers hiring a people carrier type car. 
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