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 Page 1
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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. Page 2
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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. Page 3
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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 Page 4
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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. Page 5
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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. Page 6
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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. Page 7
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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. Page 9
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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 Page 10
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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: Page 11
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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. Page 12
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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. Page 13
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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. Page 15
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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 : Page 17
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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. Page 18