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Civic Government (Scotland) Act 1982: Taxi Survey

Argyll and Bute Council · 20 November 2024
Back to Planning, Protective Services and Licensing Committee — 20 November 2024 and its agenda

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Classification: OFFICIAL 
ARGYLL AND BUTE COUNCIL  PLANNING, PROTECTIVE SERVICES   
AND LICENSING COMMITTEE                                      
LEGAL AND REGULATORY SUPPORT  20 NOVEMBER 2024 
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 
TAXI SURVEY 
1.0 EXECUTIVE SUMMARY 
1.1 Reference is made to the Report by the Executive Director with responsibility for Legal
and Regulatory Support in respect of a Taxi Survey, and submitted for consideration by
the Planning, Protective Services and Licensing Committee at their meeting on 24th
January, 2024. It was agreed by Members at that meeting to instruct Officers to
commission a new taxi survey for the Helensburgh and Lomond administrative area
only, in relation to whether there is unmet demand for taxis within that area. Members
also agreed that, in going forward in the other administrative areas ( Bute and Cowal,
Oban, Lorn and the Isles and Mid Argyll, Kintyre and the Islands), there would be no
regard taken to the existing taxi surveys when considering applications for taxi
car/operator licences. 
1.2 The purpose of the present report is to provide information to Members to enable them
to consider whether they now wish to include the other three Argyll and Bute Council
administrative areas of Bute and Cowal, Oban, Lorn and the Isles, and Mid-Argyll,
Kintyre and the Islands in the new taxi survey along with the previously agreed
Helensburgh and Lomond administrative area. 
2.0 RECOMMENDATIONS 
2.1  Members are asked to note the contents of this report. 
2.2  Members are asked to consider whether they now wish to include all 4 administrative
areas of Argyll and Bute Council in the commission of a new taxi survey to ascertain
whether there is currently any significant unmet demand for taxis within the local
authority area.
2.3     Members are asked to agree that, until such time as the new surveys are available,
regard will be had to the existing LVSA surveys (dated August 2019) in respect of
Bute and Cowal, Oban, Lorn and the Isles and Mid-Argyll, Kintyre and the Islands.

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Classification: OFFICIAL 
ARGYLL AND BUTE COUNCIL  PLANNING, PROTECTIVE SERVICES   
AND LICENSING COMMITTEE                                      
LEGAL AND REGULATORY SUPPORT  20 NOVEMBER 2024 
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 
TAXI  CAR SURVEY 
3.0 INTRODUCTION 
3.1 The purpose of this report is to provide information to members to enable them to
consider whether they wish to include the other administrative areas of Bute and
Cowal, Oban, Lorn and the Isles, and Mid-Argyll, Kintyre and the Islands in the new
taxi survey previously commissioned for Helensburgh and Lomond on 23 January
2024 in relation to whether there is unmet demand for taxis within the local authority
area. 
4.0 RECOMMENDATIONS 
4.1 Members are asked to note the contents of this report. 
4.2 Members are asked to consider whether they wish to include the other administrative
areas of Bute and Cowal, Oban, Lorn and the Isles, and Mid-Argyll, Kintyre and the
Islands in the new taxi survey previously commissioned for Helensburgh and Lomond
on 23 January 2024 in relation to whether there is unmet demand for taxis within the
local authority area.     
4.3      Members are asked to agree that, until such time as the new surveys are available,
regard will be had to the existing LVSA surveys (dated August 2019) in respect of
Bute and Cowal, Oban, Lorn and the Isles and Mid-Argyll, Kintyre and the Islands. 
5.0 DETAILS 
5.1 Section 10(3) of the Civic Government (Scotland) Act 1982 deals with taxi licences
and provides that the grant of a taxi licence may be refused by a licensing authority
for the purpose of limiting the number of taxis in respect of which licences are granted
if, but only if, they are satisfied that there is no significant demand for the services of
taxis in their area which is unmet. 
5.2 In carrying out this test to ascertain whether there is significant unmet demand in
respect to the Bute and Cowal, Helensburgh and Lomond, Oban, Lorn and the Isles
and Mid Argyll, Kintyre and Islay areas, the Planning, Protective Services and
Licensing Committee previously referred to LVSA surveys carried out in 2019 in
relation to those respective taxi zones. 
5.3       Members agreed at their meeting on 24 January 2024: to instruct Officers to
commission a new taxi survey for the Helensburgh and Lomond administrative area;
that going forward in the other administrative areas (Bute and Cowal, Oban, Lorn and
the Isles, and Mid Argyll, Kintyre and the Islands) that there would be no regard taken
to the existing taxi surveys when considering applications for taxi car/operator

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licences; and that no further survey be carried out in respect of private hire cars at
this time as the last surveys concluded that there was not an over provision of private
hire cars as a whole. 
5.4    The three-yearly process for the renewal of the vast majority of civic government
licences took place in June of this year. There were in the region of 500 applications
to be processed. In order to ensure that any survey was as relevant and up to date
as possible, it is considered appropriate that the commissioning of a new survey
would best be timed to coincide with the completion of the renewal process. 
5.5 The Scottish Government in the most recent edition of their best practice guidance
for local licensing authorities and taxi and private hire car operators on the licensing
of taxis and private hire cars and their drivers issued on 31 May 2023 states the legal
provision on quantity restrictions for taxis is set out in section 10(3) of the 1982 Act.
This provides that:
…the grant of a taxi licence may be refused by a licensing authority for the purpose
of limiting the number of taxis in respect of which licences are granted by them if, but
only if, they are satisfied that there is no significant demand for the services of taxis
in their area which is unmet.
5.53 Local licensing authorities will be aware that, in the event of a challenge to a
decision to refuse a licence, the licensing authority concerned would be required to
establish to the satisfaction of the court that it had first satisfied itself that there was
no such significant unmet demand.
5.54 The Scottish Government is of the view that decisions as to the case for limiting
taxi licences should remain a matter for licensing authorities in the light of local
circumstances. Licensing authorities that presently restrict numbers of taxi licences
are, however, encouraged to periodically review this policy and to examine the wider
policy direction.
5.55 Licensing authorities in reviewing their policy with regard to quantity restrictions
on taxi licences should consider whether any restriction presently in place should
continue. The matter should be approached in terms of the interests of taxi users.
What benefit is achieved for them by the continuation of controls and how might they
benefit if the controls were removed? Is there evidence that removal of the controls
would result in a clear and unambiguous deterioration in the amount or quality of taxi
service provision? Authorities in assessing the case for quantity restrictions will wish
also to have regard to the availability of an appropriate supply of accessible vehicles
within the hire car fleet such as to meet the needs of passengers with a disability.
5.57 The Scottish Government agrees that the question of the restriction of licences
should be left to the discretion of licensing authorities. However, there is a need for
review of the frequency and component parts of the surveys used by licensing
authorities to measure unmet demand. In regard to frequency, licensing authorities
should carry out a survey sufficiently frequently to be able to respond to any challenge
to the satisfaction of a court.
6. CONCLUSION 
6.1  In terms of section 10(3) of the 1982 Act, the grant of a taxi licence may be refused
by a licensing authority for the purpose of limiting the number of taxis in respect of
which licences are granted by them, but only if, they are satisfied that there is not
significant demand for the services of taxis in their area which is unmet. The Act says

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“may” refuse, and Members are not required to refuse an application. There is a
potential difficulty in the decision to disregard the taxi surveys as it leaves the Council
with no evidence that there is now a significant demand for taxis, which leaves the
Council open to challenge. Commissioning a new survey that captures all of the
relevant survey data for all 4 administrative taxi areas for Argyll and Bute Council is
likely to assist in avoiding any grounds for challenge on this particular issue.
6.2      The three yearly renewal process for taxi licences has now been completed and a
new survey encompassing all four administrative areas will be able to take account
of any change there may have been in the number of licences.
7. IMPLICATIONS 
7.1  Policy - No changes are proposed at this time 
7.2 Financial - The Council will need to fund the cost of a further survey 
7.3 Legal - The Council require to comply with the terms of the Civic Government     
(Scotland) Act 1982 
7.4 HR – None at this time 
7.5. Fairer Scotland Duty: 
7.5.1  Equalities – Protected Characteristics – None at this time 
7.5.2  Socio Economic Duty – None at this time 
7.5.3  Islands – None at this time 
7.6  Climate Change – None at this time 
7.7 Risks - There is a risk of challenge to any decision in relation to the granting 
of taxi licences 
7.8 Customer Service – None at this time 
7.9 The Rights of the Child (UNCRC) – None at this time 
Douglas Hendry
Executive Director with responsibility for Legal and Regulatory Support 
Policy Lead:   Councillor Kieron Green 
26 September 2024                                                  
For further information contact: Susan Mair, Legal Manager
Tel: 01546 604117                   Email: susan.mair@argyll-bute.gov.uk