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Agenda Document Pack - Licensing Committee - 30/04/2025

Moray Council · 30 April 2025
Back to Licensing Committee — 30 April 2025 and its agenda

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Licensing Committee
Wednesday, 30 April 2025
NOTICE IS HEREBY GIVEN that a Meeting of the Licensing Committee is to be
held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on
Wednesday, 30 April 2025 at 09:30.
BUSINESS
1. Sederunt
2. Declaration of Group Decisions and Members Interests *
3. Resolution
Consider, and if so decide, adopt the following resolution:
"That under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for Item 7 of business on
the grounds that it involves the likely disclosure of exempt information
of the class described in the relevant Paragraphs of Part 1 of Schedule
7A of the Act.”
4. Minute of the meeting held 5 February 2025 5 - 8
5. Written Questions **
6. Mandatory review of Taxi Fares and Charges
Report by Depute Chief Executive (Education, Communities and
Organisational Development)
9 - 18
Item(s) which the Committee may wish to consider with
the Press and Public excluded
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7. Possible Suspension of a Taxi Licence [Para 14]
• 14. Information relating to action taken, or to be taken, in
connection with the prevention, investigation or prosecution of
crime.
Summary of Licensing Committee functions:
To deal with all aspects of the issue of licenses by Local Authorities as
required by Government; to deal with matters of Licensing and
registration not falling within the functions of any other Committee.
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GUIDANCE NOTES
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting.
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be published on the Council’s
committee management system by 4pm the day before the meeting.  The
Member who has put the question may, after the answer has been published,
ask one supplementary question directly related to the subject matter at the
meeting, but no discussion will be allowed.
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days.
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MORAY COUNCIL
Licensing Committee
SEDERUNT
Councillor Paul McBain  (Chair)
Councillor Peter Bloomfield  (Depute Chair)
Councillor James  Allan  (Member)
Councillor Neil Cameron  (Member)
Councillor Tracy Colyer  (Member)
Councillor Theresa Coull  (Member)
Councillor John Divers  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor Donald Gatt  (Member)
Councillor David Gordon  (Member)
Councillor Juli Harris  (Member)
Councillor Marc Macrae  (Member)
Councillor Ben Williams  (Member)
Clerk Name: Lindsey Robinson
Clerk Telephone: 07966 120593
Clerk Email: committee.services@moray.gov.uk
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MORAY COUNCIL 
Minute of Meeting of the Licensing Committee 
Wednesday, 05 February 2025 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron,
Councillor Theresa Coull, Councillor John Divers, Councillor Jérémie Fernandes,
Councillor Donald Gatt, Councillor Juli Harris, Councillor Marc Macrae, Councillor
Paul McBain, Councillor Ben Williams 
APOLOGIES 
Councillor David Gordon 
IN ATTENDANCE 
Sean Hoath, Senior Solicitor; Jennifer Smith, Legal Advisor; Lindsey Robinson,
Committee Services Officer; all Moray Council and PC Kevin Skivington, Police
Scotland. 
1.         Chair 
Councillor Paul McBain, as Chair of the Licensing Committee, chaired the meeting. 
2.         Declaration of Group Decisions and Members Interests * 
In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Member’s interests in respect of any item on the agenda. 
3.         Minute of the meeting held 4 September 2024 
The minute of the meeting of the Licensing Committee held on 19 June 2024 was
submitted and approved. 
Councillor Gatt advised of a small spelling error in item 6 paragraph 3; cots should
be costs. The Committee Services Officer advised that this would be corrected. 
4.         Written Questions ** 
The meeting noted the following written question submitted by Councillor Fernandes
and the Chairs response thereto: 
Have officers responded to the Scottish Government’s consultation on regulating
and licensing non-surgical cosmetic procedures? Could they share their views on
the plans, including their feasibility and potential costs? 
Item 4.
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Regulation and licensing of non-surgical cosmetic procedures: consultation
background paper - gov.scot
RESPONSE 
It is considered that this is most appropriately addressed through the Licensing
Committee as the proposal appears to be for potential new licence(s) to undertake
specific activities under the Civic Government (S) Act 1982 as amended. 
To date no response has been provided to the Scottish Government consultation.
Officers from both the licensing and environmental health services intend to review
the consultation and respond, if appropriate, from their own perspectives. 
Environmental Health officers, locally and nationally, have been calling for such
activities to be licensed in order to regulate them and so promote public safety. 
If introduced, the licensing service would develop and implement licence application
systems for the Committee’s approval. Environmental health officers undertake any
necessary premises inspections and enforcement activities. The Civic Government
(S) Act is well established, but officers will not know how any system will look and
operate unless and until draft legislation is made available. 
The deadline for a response does not expire until 14 February, after the Licensing
Committee meeting, so more detailed views are not yet available. 
It should also be noted that in many cases the most efficient way for officers
respond to consultations is now through contributing to their respective national
interest groups, so this may also be considered appropriate. 
5.         Mandatory Review of Taxi Fares and Charges 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) inviting the Committee to formulate
a set of proposals for the maximum fares and charges applicable to taxis. There are
no powers delegated to officers in this regard. 
During consideration, Councillor Gatt sought clarification on whether there was
capacity within Legal Licensing Team to do informal consultations considering the
small number of responses. 
The Senior Solicitor advised that the was capacity but if the Committee wanted to
determine the proposals themselves they could do so. He further explained that the
informal consultation was not mandatory, but it was good practice. 
Councillor Gatt was of the opinion that people are being over consulted and
anything that is not mandatory should stop. Councillor Macrae seconded this. 
Councillor Bloomfield moved that the fares should remain at the current level and
was seconded by Councillor Cameron. As there was no one otherwise minded, this
was agreed. 
Councillor Cameron was of the opinion that a consultation of 102 people which
received seven responses was not a large consultation and that the people who
took time to respond should be listened to and their opinions acted on. He moved
an amendment that informal consultations should remain, and Councillor Harris
seconded this.
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Councillor Fernandes sought clarification on whether the Council set all of the taxi
fares or just the maximum fare. 
The Legal Advisor advised that the Council only set the maximum fare, and it is up
to the operators to set their fare levels up to that point. 
Councillor Coull sought clarification on whether MOTs for taxis could be prioritised
as they have no choice over which garage to take them to. She also queried if
vehicle checks could happen at another time of year rather than in the period before
Christmas. She further sought clarification as to whether there was anything that the
Council could do to help enforce the soiling charge when customers refuse to pay it. 
In response, the Senior Solicitor advised that the MOT issue would be fed back to
Fleet Services to see if there is anything that could be done to assist the operators.
He advised that vehicle checks at Christmas is a joint operation with Police Scotland
and this can be discussed, and it will be reported back to the Committee. He further
advised that it would be difficult for the Council to enforce the soiling charge as it
would be a civil debt and therefore up to the drivers and operators to enforce. 
Councillor Harris sought clarification on one of the comments made during the
consultation on whether the fares could be increased inline with inflation each year
rather than having a review. 
The Senior Solicitor advised that the Committee could have that as the proposal to
be consulted on but even if that was agreed the review process still has to take
place as the Committee has a legal duty to review the fares every 18 months. 
On a division there voted: 
For the Motion (3) Councillors Gatt, Macrae and Allan
For the Amendment
(8)
Councillors Cameron, Harris, Bloomfield, Coull, Divers,
Fernandes, McBain and Williams
Abstentions (0) Nil 
Accordingly, the amendment became the finding of the Committee, and it agreed: 
i. to informal consultations continuing; 
ii. to consider the views expressed by taxi operators in the informal
consultation process; 
iii. to keep the maximum fares and charges applicable to taxis in Moray at
the current rate; 
iv. to instruct the Head of Governance Strategy and Performance to conduct
a formal consultation on those proposals as required by the Civic
Government (Scotland) Act 1982; and 
v. to consider the views expressed in the formal consultation at its next
scheduled meeting on 30 April 2025 in order to approve a revised fare
structure for implementation on 30 May 2025. 
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Report to: Licensing Committee Meeting Date: 30 April 2025  
Report by: Depute Chief Executive
(Education, Communities
and Organisational
Development)
Report No: GSP015/25  
Author: Jennifer Smith, Solicitor Contact Email: licensing@moray.gov.uk 
Subject: Civic Government (Scotland) Act 1982 – Mandatory Review of Taxi Fares
and Charges 
1.1  The purpose of this report is to invite the Committee to consider the responses received as
part of the formal consultation carried out in relation to the review of the maximum fares
and charges applicable to taxis and, in light of those responses, to agree a new fare card.  
1.2  This report is submitted to Committee in terms of Section III (H)(1) of the Council’s Scheme
of Administration relating to the exercise of the function of the Council as licensing authority
for the Moray Council area.   
2.  SUMMARY  
2.1  The Council, as licensing authority, must review the maximum fares and charges applicable
to taxi operators every 18 months under the Civic Government (Scotland) Act 1982 taking
into consideration any expressed views during consultation.  A review should have been
completed and new fare card implemented by 29 June 2024 therefore the review must be
completed and implemented by 30 May 2025 (being the earliest implementation date
possible following this meeting of the Committee). 
3.  RECOMMENDATIONS  
3.1  It is recommended that Committee:-   
i)  Consider and note the responses received from the formal consultation
process; and
1.  PURPOSE
☒ For Decision      ☐  For Information
Item 6.
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ii)  In light of those responses, agrees the maximum fares and charges
applicable to Moray to have effect from 30 May 2025; and 
iii)  Instructs the Head of Governance, Strategy and Performance to implement
the new fare card on that date.   
Jennifer Smith
Solicitor 
4.  BACKGROUND AND CONTEXT  
4.1  The Committee, at its meeting on 5 February 2025, considered views expressed by taxi
operators in the informal consultation process, agreed the proposal that there should be no
change to the current maximum fares and charges applicable to taxis in Moray attached at
APPENDIX 1, instructed the Head of Governance, Strategy and Performance to conduct a
formal consultation on this proposal and report back to Committee in order for it to approve
a new fare card for implementation on 30 May 2025 (para 5 of the draft Minute refers). 
4.2  Following the Committee meeting on 5 February 2025, an advert detailing the proposal of
no change to the current maximum fares and charges applicable to taxis in Moray and
inviting representations in relation to it, was placed in the Press and Journal newspaper on
12 February 2025.  The advert was published on the Council’s website and promoted across
the Council’s Social Media by the Council’s Communications Team on 6 February 2025.  In
addition, an email detailing the no change proposal was sent to all Community Councils
and all taxi operators (currently 102 of them) requesting their views on the proposal.   
RESPONSES TO THE FORMAL CONSULTATION 
4.3  7 responses have been received to the formal consultation which ran from 6 February
2025 to 20 March 2025.  The responses have been collated and are provided in APPENDIX
2.   
5.  PROPOSALS  
5.1  The Committee is invited to consider the responses received in the formal consultation
process and agree the maximum fares and charges applicable to taxis in Moray.    
6.  SUMMARY OF IMPLICATIONS  
6.1  The table below shows whether risks and implications apply if the recommendations are
agreed: 
SUBJECT YES NO
Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X 
Policy and Legal X 
Financial X 
Risk X 
Staffing X 
Best Value and Transformation  X
Property  X
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Information Communications Technology/Digital  X
Equalities. Social Inclusion and Economic Impact   X
Climate Change and Biodiversity Impact  X 
6.2  Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))
Improved Collaborative Leadership, as part of continuous improvement through Best
Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. 
a) Links to Council Corporate Plan – The proposals in this report support and contribute
to improved outcomes for communities as outlined in the following Council Plan
strategic priorities:
☒ Tackle Poverty and Inequality.
☒ Build Stronger Greener Vibrant Economy.
☒ Build Thriving, resilient, empowered Communities.   
b) Links to Local Outcomes Improvement Plan – The proposals in this report support
and contribute to improved outcomes for communities as outlined in the following
Local Outcomes Improvement Plan priorities:
☒ Developing a diverse, inclusive, and sustainable economy
☒ Building a better future for our children and young people in   Moray.
☒ Empowering and connecting communities.
☒ Improving wellbeing of our population 
6.3  Policy and Legal 
The Council, as taxi licensing authority for the Moray Council area, is required to review the
fees and charges in connection with the hire of taxis in its area under Section 17 of the Civic
Government (Scotland) Act 1982.  The fare card, as it is known, requires to be reviewed
within 18 months of fares coming into effect.   The fares and charges set are the maximum
that can be charged so taxi operators may and can choose to charge less.  The current
maximum fares and charges were agreed by Committee at its meeting on 7 September 2022
(paragraph 6 of the Minute refers) and came into effect on 29 December 2022.  A review
should have been completed and new fare card implemented by 29 June 2024 therefore the
review must be completed and implemented by 30 May 2025 (being the earliest
implementation date possible following this scheduled meeting of the Committee). 
6.4  Financial 
The costs associated with the review of taxi fares are an outlay of £330.54  relating to the
cost of advertising and considerable staff time described below in staffing which can be
met from existing budgets. 
Any costs incurred by the Council’s Fleet Services department in relation to resealing the
taxi meters (if necessary) will require to be met by taxi operators.  The cost of recalibrating
the taxi meters (if necessary) will also require to be met by taxi operators. 
If there is no change to the current fare card, there will be no costs incurred that are
associated with resealing taxi meters. 
One off Costs:
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Service
Area
Budget Budget
Years
Proposed
Spend this
Year
Virement
From
Other
Comments
Licensing Licensing
Committee
2024/2025 £     330.54 N/A N/A 
Annually Recurring Costs:
Service
Area
Budget With
Effect
From
Annual
Net
Impact
Virement
From (if
applicable)
Other
Comments
N/A N/A N/A N/A N/A N/A 
6.5  Risk 
There is a risk that any decision is open to an appeal.  An appeal would be to the Traffic
Commissioner and a further process may be specified/required as a result.  If the fares are
not set within the 18 month statutory timescale then the further delay may also result in an
appeal and further process.  These risks are mitigated by the fact that the Council has held
both an informal and formal consultation with the clear view of the majority being that the
current maximum fares and charges are not altered.   
There is a 14 day period to appeal from notice being given.  The effect of an appeal would be
to suspend any decision unless and until an appeal has been determined. 
6.6  Staffing  
The staffing implication arising from this report is in terms of the time taken to undertake
consultation, draft the published information, compile the responses to the consultation,
draft this Committee report and notify taxi operators of the outcome of the review.  Whilst
the time is considerable this can be met form existing resources.    
6.7  Best Value and Transformation 
None arising from this report.  
6.8  Property  
None arising from this report. 
6.9  Information Communications/Technology/Digital 
None arising from this report.  
6.10  Equalities, Social Inclusion and Economic Impact  
An equalities impact assessment is not required in connection with this report because an
informal and formal public consultation. 
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6.11  Climate Change and Biodiversity Impacts  
No climate change or biodiversity implications have been determined for this consultation
result because it will not increase the amount of taxi vehicles or journeys.   
7.  CONSULTATION  
7.1  This report has been prepared in consultation as described.  Taxi operators and interested
parties were invited to submit a response to both the informal and formal consultation and
any comments made have been incorporated into the report.   
8.  BACKGROUND PAPERS  
8.1  There are no background papers. 
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SCHEDULE OF
PROPOSALS
(1)
(2)
(3)
(4)
(5)
MORAY COUNCIL
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
LICENSING OF TAXIS AND PRIVATE HIRE CARS
MAXIMUM CHARGES APPLICABLE TO HIRE OF TAXIS AND PRIVATE HIRE CARS FITTED WITH TAXI METERS
EXTRAS
WAITING a sum calculated at the rate of £22.00 an hour. Waiting time to be charged 5 minutes after
customer informed of arrival of taxi.
SURCHARGES   (Only one surcharge can be charged for each journey)
(a) For each hiring between 7.00 p.m. and 12 midnight on any day except Sundays, 24th 25th, 26th, 31st
December and 1st and 2nd January a surcharge of £1.10.
(b) For each hiring between 12 midnight and 7.00 a.m. on any day except 25th, 26th and 27th
December, 1st, 2nd and 3rd January a surcharge of £1.87 applies.
For each hiring between 7.00 a.m. and 12 midnight on Sundays and Bank Holidays a surcharge of
£1.65 applies.
For each hiring between 7.00 p.m. on 24th to 7.00 a.m. on 27th December inclusive and between
7.00 p.m. on 31st December to 7.00 a.m. on 3rd January inclusive a surcharge of 50% on the basic
fare, subject to a minimum fare (after allowing for the surcharge) of £7.10.
(c)
(d)
For each hiring where more than four passengers are carried, a surcharge of 50% applies.
For each hiring pre booked, a surcharge of £0.55 applies.
A charge of £200.00 to every passenger fouling a taxi.
EXCLUSIVE HIRE
THE DISTANCE FARE
a) For the first 1760 yards (1 Mile) £3.96
b) For every additional 176 yards or part thereof (1/10th of a Mile) 33p
SCHEDULE OF PROPOSALS FOR FORMAL CONSULTATION IN RELATION TO THE MAXIMUM
FARES AND CHARGES APPLICABLE TO TAXIS AND PRIVATE HIRE CARS FITTED WITH TAXI
METERS IN THE MORAY COUNCIL AREA.
This Schedule of Proposals is advertised in terms of section 17(4A)(c) of the Civic Government (Scotland)
Act 1982. The proposed fares and charges will be effective from 30 May 2025.  Any person may lodge
representations in writing with respect to these proposals.  Representations must be received by
Thursday, 20 March 2025 and should be addressed to Head of Governance, Strategy and Performance,
Moray Council, Council Offices, High Street, Elgin, IV30 1BX.
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Public Consultation – Taxi Fare Review 2024
Consultation 6 February 2025 to 20 March 2025
Proposal – No Change to Current Taxi Fare Card 
Response
Number
Date
Response
Received 
Method Response 
1 06/02/2025 Email Agree with proposal of no changes this year.
2 06/02/2025 Email I totally agree with the current proposal of no change to the
current fare card
3 06/02/2025 Email Please, no change to the current taxi fares. Thank you.
4 06/02/2025 Email Hello, My opinion on the matter;  6am to 7pm (R1) £5 start 40p
1/10, 7pm to 12am (R2) £6 start, 12am to 6am (R3) £7 start.
5 06/02/2025 Email Either keep the tariffs the same or lower them.
6 07/02/2025 Email I am glad to have the opportunity to comment re taxi fares.  We
have lived in Buckie due to family circumstances for nearly three
years having previously lived in East Dunbartonshire.  We have
been shocked at the taxi fares in the area for example to Elgin. 
We do not drive much now as we don't like the roads! (that's
another issue) The withdrawal of one of the buses nearly to where
we live has made life very difficult for us to easily travel to Elgin.  I
understand taxi drivers have to make a living but the cost of over
£50 single journey to Elgin is shocking.  I would hope that
something could be organised to help commuters here but also
to not implicate the taxi drivers.  Some joined up thinking would
be great!
7 20/03/2025 Email Further to our previous reply, we continue to strongly support the
need for a fare increase. 
It is crucial that the fare structure set by Moray Council is
reviewed fairly. The elected committee has an obligation to
ensure the public receives a fair, safe, and consistent service
from taxi operators.
However, this will be increasingly difficult to deliver if the tariff
fails to keep pace with the rising costs required to provide the
service. 
Operators do have the option to charge any fare, provided it does
not exceed the maximum tariff. 
We respectfully ask the committee to consider the following : 
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• Fuel costs have remained high, and on average cost an
additional 7-8p per litre more within our Zone 2 operating
area. 
• All other running costs - including repairs, servicing, tyres,
and consumables have risen significantly. 
• Insurance premiums have surged by a staggering 15%. 
• We are also facing additional charges for card reader
transactions, which have become the preferred payment
method since the last fare increase in December 2022. 
• The upcoming wage increase and additional National
Insurance contributions starting in April will have a major
financial impact on our business. We currently employ 8
full time and 11 part-time staff, all of whom live locally. 
No viable business can continue to absorb these ongoing
increases. 
We understand that some single taxi operators currently do not
charge the full tariff, however, these are often second-income
operators working only the hours that suit them. Unlike full-time
operators, they do not face the same overheads or financial
pressures. If the council does not increase the tariff, they risk
being left with only these single operators, who will cherry-pick
peak hours, leaving no taxis available during off-peak times. This
will significantly reduce the quality and reliability of the service
for the public. 
At present, the standard pick-up fare in Moray is £3.96, while in
neighbouring regions it is notably higher: 
• Highland: £4.90 
• Aberdeenshire £4.53 
To remain competitive and sustainable, we propose an increase
in the pick-up rate to reflect the rising costs. 
Thank you for your consideration. 
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