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EXTERNAL ENVIRONMENT POLICY AND DEVELOPMENT SCRUTINY PANEL CIVIC GOVERNMENT (SCOTLAND) ACT 1982 APPLICATIONS FOR TAXI LICENCES REPORT BY CHIEF SOLICITOR A. PURPOSE OF REPORT To invite the panel to review the current council policy of limiting the numbers of taxi licences. B. RECOMMENDATION That the current council policy of limiting the numbers of taxi licences be reviewed by the panel. C. SUMMARY OF IMPLICATIONS I Council Values Focusing on customer's needs, being honest, open and accountable. II Policy and Legal Policy and Legal (including Strategic Environmental Assessment, Equality Issues, Heath or Risk Assessment) Civic Government (Scotland) Act 1982 Section 10 III Resources - (Financial, Staffing and Property) None IV Consultations Lothian and Borders Police Taxi and private hire car licence holders D. TERMS OF REPORT West Lothian Council, as licensing authority in terms of the Civic Government (Scotland) Act 1982 have for many years restricted the numbers of taxis licensed within West Lothian. Over the last twenty years additional taxi licences have only been issued following reviews of whether or not there was significant demand for the services of taxis in the West Lothian area, which was unmet. Under Section 10(3) of the Act, an application for a taxi licence may be refused on numerical grounds, only if there is no significant unmet demand for the services of taxis in the area. TaxilicencerestrictionreportPDSP0408.doc 2 The wording of Section 10(3) is as follows: - ”The grant of a 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“ The last review of demand was undertaken in 2006 and it was agreed that the numerical restriction on taxis be retained, and that four additional taxi plates be released due to the increase in West Lothian’s population since the last review. This took the number of taxis from 162 to 166. The Council are not permitted to restrict the number of private hire car licences in any way. Accordingly the numbers of private hire cars licensed in West Lothian has increased dramatically over the last decade from approximately 60 to 280 at present. As a result the nature and structure of the taxi and private hire car trade within West Lothian has altered significantly. A survey carried out by the Scottish Government in 2003 showed that 16 licensing authorities restricted the number of taxi licences throughout their Council areas and a further 5 partially restricted numbers in certain zones within their council areas. The remaining 11 authorities set no limit on taxi licences. Private hire cars differ from taxis in several key ways - • they cannot use the word taxi in their signage • they cannot use taxi ranks or be hailed in the street • they must be pre booked • drivers of private hire cars are not required to pass a topographical test to demonstrate their knowledge of the area or their language skills • there are differences between the types of suitable vehicles for use as private hire cars and taxis In addition most private hire cars (and most taxis) operate by means of a radio system allied to one of the main taxi booking offices whose operation is outwith the scope of the Council’s licensing function. As a result of the difficulties in operating the taxi and private hire car scheme given the age of the legislation and the fact that the structure of the trade and the demography of the area have changed significantly since 1982 the Licensing Team have since 2007 been involved in undertaking a review of the operation of the scheme. Consultation has taken place with taxi and private hire car owners and drivers, the Taxi Examination Centre, the two trade associations, taxi card users, disability and equality groups. TaxilicencerestrictionreportPDSP0408.doc 3 It has become clear from the responses to the review that the restriction on the numbers of taxi licences is a crucial issue and one which must be reviewed before detailed recommendations can be made to the Council. The issues affected by the restriction are • Types of suitable vehicles – clarification is required on this issue to make it fair to all licensees/applicants. West Lothian has always had a variety of different vehicles licensed. In 1994 the policy was changed to promote the use of wheelchair accessible vehicles and since then all new taxi licences are for such vehicles only. Recently it has been recognised that many more disabled people fall into the category of the ambulant disabled and who have difficulty accessing certain wheelchair accessible vehicles because of the increased in height from the kerb associated with such vehicles. Following this report further reports arising from the review will be prepared in order that amongst other things the council’s procedures regarding the identification of suitable vehicles can be reviewed. • Transfer of taxi licences – this has been permitted by previous administrations on the death or permanent incapacity of the licence holder but the legislation does not allow such transfers – this could leave some family taxi businesses without a means of livelihood when the licence holder dies and other family members are unable to obtain a licence to carry on the business • Lack of provision of taxi ranks and lack of capacity at taxi ranks, e.g. Asda Taxi Rank • Clarification of private hire car conditions – for example, in the past such vehicles were required to return to their base between hires but it has been suggested by the Taxi Examination Centre that this is unenforceable and not environmentally friendly. There is however a big issue about where these vehicles do go when they are not engaged in hires • Access for the disabled – should more wheelchair accessible vehicles be provided or should the fleet be mixed to allow better access for the ambulant disabled who have difficulties in using certain wheelchair accessible vehicles given their height from the kerb. All vehicles licensed under taxi licences issued since 1994 require to be wheelchair accessible. Pre 1994 licensees and private hire car licensees can use saloon type vehicles. All vehicle licence holders have been specifically asked for their views on whether the numbers of taxis should continue to be restricted. An analysis of the responses will be tabled at the panel meeting. There are currently 113 applications for taxi licences on the waiting list and 24 new applications waiting to be processed. The council currently has 4819 taxi card users who are entitled to subsidised travel due to their health conditions. For many of these persons travel by means of taxi or private hire car is the only method of public transport accessible by them. All holders of taxi and private hire car driver’s licences are required to accept taxi cards. TaxilicencerestrictionreportPDSP0408.doc 4 The panel should note that guidance regarding the assessment of unmet need for taxi provision has recently been issued by the Scottish Government. This guidance makes it clear that the Government expect that a fairly rigorous assessment should be carried out in future which will involve significantly increased staff and financial resources to implement. In the past all that was done was to place an advert in the local press seeking the public’s view on the issue. Assessments are required to be carried out every 18 months which means that one is due to be carried out immediately if the numbers of licences are to continue to be restricted. It is clear that the current position cannot be maintained. If the council intends to seek to restrict the numbers of taxi licences on the ground of unmet need it will require to demonstrate that by complying with the Government guidance and undertaking an assessment of - • the length of time that would-be customers have to wait at ranks; • waiting times for street hailings and for telephone bookings; • latent demand – how many people do not use taxis because they are not available; • peaked demand – the Government do not accept that demand for taxis at peak times should be ignored The guidance states that as well as statistical surveys the Council should consult with various user groups, the police, hoteliers, operators of pubs and clubs and visitor attractions and other transport providers. All the evidence gathered is to be published, together with an explanation of what conclusions have been drawn from it and why. If quantity restrictions are to be continued, their benefits to consumers and the reason for the particular level at which the number is set should be set out. The guidance states that the surveys should not be paid for by the local taxi trade (except through general revenues from licence fees) to preserve the impartiality and objectivity of the survey process. Given the problems which have been associated with taxi provision in Linlithgow over many years if a more thorough assessment of demand is done, it is difficult to see how the council could argue that there is not an unmet demand in that area. TaxilicencerestrictionreportPDSP0408.doc 5 The following issues have arisen as part of the consultation regarding the review. • The limit on the numbers of licensed taxis within West Lothian have led to it being difficult at peak times to obtain a taxi at a taxi rank or by hailing one. This is a potential community safety issue. • As private hire car drivers do not need to sit a topographical test there is no method by which their knowledge of West Lothian, their driving or language skills can be tested. • The council receives many complaints about taxi booking offices which are not licensed by the council but which relate to a severe lack of hire car provision at peak times. • There is confusion amongst the public as to the respective roles of taxis and private hire cars. • There is a severe shortage of taxi ranks in certain areas, particularly in Livingston where taxi ranks have been built upon during the development of the town centre and no alternative ranks have been provided. The Licensing Committee is dealing with an increased number of complaints from members of the public about the behaviour of taxi and private hire car drivers. It would appear that many taxi/private hire car drivers are unaware of their legal obligations. If the restriction on taxi licenses was to be removed it would be possible for the Council to significantly increase the licence fee for new taxi licences and to include in the conditions of such licences the requirement to undergo training in a number of key areas such as customer care, driving skills, communication skills, equality and disability awareness and driver’s legal obligations. Some councils already require their drivers to undergo such induction training. The Police at the Taxi Examination Centre would welcome the opportunity to introduce such training. The Cab Inspector has expressed concern that an end to taxi restriction may lead to a short term backlog for vehicle inspections which would mean applicants waiting longer for test appointments. However, Inspector Fry has confirmed that the Taxi Examination Centre would support any decision made by the Council and that she and her staff will work with the licensing team to overcome any difficulties and maintain the high standard of service to the trade currently in place.
Given the guidance from the Scottish Government it is clear that the council cannot continue to restrict the numbers of taxi licences simply by advertising for comments on taxi provision. The nature and structure of the taxi and private hire car trade within West Lothian has altered significantly since the 1982 Act was enacted. In addition, the population of West Lothian has risen significantly over the years and the demography of the area and availability of public transport has altered markedly. Against this background it is recommended that the panel consider whether the numbers of taxis should continue to be restricted. TaxilicencerestrictionreportPDSP0408.doc 6 F. BACKGROUND REFERENCES Taxi Licensing – Review of the Number of Taxis and Assessment of Unmet Need 2006 – Report by Chief Solicitor dated 6 November 2006, which was considered by Community Safety Committee on 28 November 2006. Paragraphs 43 – 49 of the document entitled ”Taxi and Private Hire Car Licensing Best Practice For Licensing Authorities 2007“ issued by the Scottish Government in December 2007. Appendices: Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 11 April 2008
Contact: Audrey Watson, Senior Solicitor, (01506 77) 7232
Geraldine McCann, Chief Solicitor, Legal Services |
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