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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Classification: OFFICIAL 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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Classification: OFFICIAL “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