Agenda Document Pack - Licensing Committee - 14/03/2023
South Lanarkshire Council · 14 March 2023
Back to Licensing Committee — 14 March 2023 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 06 March 2023 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, 14 March 2023 Time: 10:00 Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Cleland Sneddon Chief Executive Members Andy Carmichael (Chair), Bert Thomson (Depute Chair), Joe Fagan (ex officio), Poppy Corbett, Geri Gray, Julia Marrs, Monique McAdams, Mark McGeever, David Shearer, Helen Toner Substitutes Robert Brown, Janine Calikes, Margaret Cowie, Katy Loudon, Kenny McCreary, Davie McLachlan 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Licensing Committee held on 28 February 2023 submitted for approval as a correct record. (Copy attached) 5 - 6 Item(s) for Decision 3 Civic Government (Scotland) Act 1982 (As Amended) - Licensing of Taxis – Review of Taxi Fares Report dated 24 February 2023 by the Executive Director (Finance and Corporate Resources). (Copy attached) 7 - 12 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 Paragraph 14 of Part I of Schedule 7A of the Act." Item(s) for Decision 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Driver's Licence No 190 • 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 Grant of Private Hire Car Driver’s Licence • 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 Grant of Taxi Driver’s Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act For further information, please contact:- 2
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Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 3
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LICENSING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 28 February 2023 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie (substitute for Councillor Monique McAdams), Councillor Julia Marrs, Councillor Mark McGeever, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Geri Gray, Councillor Monique McAdams Attending: Finance and Corporate Resources M Gordon, Administration Assistant; C Lyon, Administration Officer; G Mays, Legal Services’ Adviser; C McKee, Licensing and Registration Co-ordinator; 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 7 February 2023 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Urgent Business There were no items of urgent business. 4 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 Paragraph 14 of Part I of Schedule 7A of the Act. 5 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver’s Licence A report dated 9 February 2023 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a taxi driver’s licence in terms of the Civic Government (Scotland) Act 1982 (as amended). 2 5
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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 applicant who was present and heard in support of his application. A representation had been received from Police Scotland and Sergeant Brown was heard. The Committee decided: that the application by W Watson, 35 Rosebank Drive, Uddingston for the grant of a taxi driver’s licence in the Hamilton zone be granted for a period of 1 year. 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver’s Licence A report dated 9 February 2023 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a taxi driver’s 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. An objection had been received from Police Scotland and Sergeant Brown was heard. The Committee decided: that the application by P Rudden, 19 Blackbraes Road, East Kilbride for the grant of a taxi driver’s licence in the East Kilbride zone be granted for a period of 1 year. 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 10 February 2023 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a private hire car driver’s 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 accompanied by Mr Tsegay and represented by Mr Weldu. An objection had been received from Police Scotland and Sergeant Brown was heard. The Committee decided: that the application by E Gebrekristos, Flat 4/1, 12 Dobbies Loan Place, Glasgow for the grant of a private hire car driver’s licence in the Cambuslang and Rutherglen zone be refused. Councillor Marrs, as the mover of a motion which failed to find a seconder, asked that her dissent be recorded. 6
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Report Agenda Item Report to: Licensing Committee Date of Meeting: 14 March 2023 Report by: Executive Director (Finance and Corporate Resources) Subject: Civic Government (Scotland) Act 1982 (As Amended) - Licensing of Taxis – Review of Taxi Fares 1. Purpose of Report 1.1. The purpose of the report is to:- urpose] progress the fares review in the Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton zones of South Lanarkshire [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the review procedure for the Cambuslang and Rutherglen and Hamilton zones be commenced on the basis that there should be no increase in the current fares tariff and the tariff should remain unchanged; (2) that the review procedure for the Clydesdale zone be further progressed with an increase of 40 pence over a two mile hire and various other increases as detailed at Appendix 2; and (3) that the review procedure for the East Kilbride zone be further progressed with an increase of 80 pence over a two mile hire and various other increases as detailed at Appendix 3. [1recs] 3. Background 3.1. In terms of Section 17 of the Civic Government (Scotland) Act 1982 (as amended) by Section 174 of the Criminal Justice and Licensing (Scotland) Act 2010 Licensing Authorities must review taxi fares in their area every 18 months. 3.2. At its meeting held on 27 June 2013, the Licensing Committee agreed to calculate all future increases based on an agreed formula. 3.3. The application of this formula would indicate an increase of 8.86% using RPI figures for the year from January to December 2022 inclusive. 4. Present Position 4.1. All 40 Cambuslang and Rutherglen operators were written to although only one operator responded who indicated that he would like the additional yardage and cost increased from 264 yards at 20 pence to 250 yards at 25 pence. No other responses were received. The fares tariff would therefore remain as per Appendix 1. 3 7
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4.2. All 129 Hamilton operators were written to although only eight operators responded as follows:- one operator requested the fares be increased in accordance with the cost of living with a minimum of £1 added to the £1.60 at the moment giving an increase of £2.60 after the first mile; one operator requested an increase of 20 pence on the running mile; one operator requested an increase to the first mile to £4.20 one operator has requested an increase of 15 pence per mile one operator has requested an increase but has not indicated what that increase should be; three operators have indicated that no fares increase is requested. Each of the 5 operators who responded seeking an increase have 1 vehicle each. The fares tariff would therefore remain unchanged as per Appendix 1. 4.3. All 83 Clydesdale operators were written to with responses being received from three operators who hold 48 licences between them indicating that they would like an increase on various items on the fares tariff as detailed in Appendix 2. 4.4. The East Kilbride taxi trade organisation has indicated that the trade would like an increase on various items on the fares tariff as detailed in Appendix 3. 4.5. As members will be aware, even if there is no increase in the fares tariff, the formal review procedures require to be commenced. 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 they are seeking an increase in taxi fares this year. Paul Manning Executive Director (Finance and Corporate Resources) 8
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24 February 2023 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 9
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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) Hamilton Zone not exceeding 880 yards £3.20 each additional 220 yards or any part 20 pence (an average 2 mile hire of £5.60) 10
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Appendix 2 Current Fares Tariff showing proposals (Clydesdale 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. HIRE of Taxi/Private Hire Car (fitted with a taxi meter) – Not exceeding one mile £3.40 (Propose: £3.60) For EACH additional 88 yards (Propose: 135.38 yards) or any part thereof 12 pence (Propose: 20 pence) (An average 2 mile hire of £5.80) (Propose: £6.20) WAITING TIME – 25 pence (Propose: 30 pence) for each period of one minute or part thereof £15 per hour (Propose: £18 per hour) SOILAGE CHARGE - the hirer will pay a soilage charge of £40 (Propose: £50) 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. CALLED BUT NOT USED CHARGE -when a taxi is called out but not used, a charge not exceeding the fare which would have been payable by the hirer in the event of the taxi being used, shall be payable. CALL OUT CHARGE - for hirings where a taxi is called to hirer’s home or other address a call out charge up to a maximum of £10 is payable. If such a call out charge is to be levied, the driver/operator must obtain the hirer’s agreement in advance. SURCHARGES (1) A surcharge of 1/3rd of the normal metered fare may be charged for each hire between midnight and 7am. For a journey commenced prior to 7 am the night time charge will apply until 7 am and thereafter the day time charge will apply. For a journey commenced prior to midnight the daytime rate will apply until midnight and thereafter the night time rate will apply. Propose to add – A surcharge of an additional £1 added to the flag mile = £3.60 to £4.60 for each Scottish bank holiday.) (2) A surcharge of ½ of the normal metered fare may be charged for each hire on 25th December, 26th December, 1st January and 2nd January.(Propose: Start from 10 pm 24 December, 25 December and 26 December – midnight. Start from 10 pm 31 December, 1 January and 2 January – midnight.) (3) A surcharge of 10 pence (Propose: 25 pence) may be charged for each passenger beyond 2. 11
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Appendix 3 Current Fares Tariff showing proposals (East Kilbride 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. HIRE of Taxi/Private Hire Car (fitted with a taxi meter) – Not exceeding 880 yards £3.20 (Propose: £3.60) For the next FOURTEEN additional 189 yards or any part £0.20 (Propose: 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) thereafter each additional 246 yards or any part £0.20 (Propose: as above) (an average 2 mile hire of £6.00) (Propose: £6.80) BEYOND THE AREA OF EAST KILBRIDE ZONE – may be subject to surcharge of 1/3rd of the normal metered fare. WAITING TIME – 25 pence for each period of 60 seconds or part thereof £15 per hour STOPPAGE(S) AT THE REQUEST OF HIRER – 20 pence for each period of 60 seconds or part thereof (£12 per hour). FARES BY TIME - subject to special agreement in advance with the hirer. NO FARE CHARGEABLE - for the vacant return journey of a taxi/private hire car from destination of the hirer. SOILAGE CHARGE - the hirer will pay a soilage charge of £30 (Propose: £50) 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. CALLED BUT NOT USED – when a hired car is called but not used - £2.80 (Propose: £3.60) SURCHARGES (1) a surcharge of 80 pence may be charged for each hire begun between the hours of 10pm and 5am. A further surcharge of 40 pence may be charged for each hire begun between the hours of 10pm and 5am each Friday into Saturday and Saturday into Sunday. (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 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. 12