item 04 civic licensing - governance and miscellaneous

CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee

Date of Meeting: 24th March 2015

Subject: Civic Licensing - Governance and Miscellaneous Amendments

Report by: Head of Development & Environment

1.0 Purpose

1.1. The purpose of this report is to update the Committee members on the outcome of the public consultation requested by the Regulatory Committee at its meeting on 8th April 2014 regarding; fees charged to vary a condition of an existing licence, expand the scope of temporary licence types, removal of the minimum engine capacity for Taxis & Private Car Hire Cars and the formation of a new taxi and private hire car working group.

1.2. The intention is also to introduce 2 new licence/application types; a temporary licence covering a number of Civic Licence types and a variation application, to assist start up companies, small businesses and voluntary organisations comply with the requirements of the Civic Government (Scotland) Act 1982 (the 1982 Act) ; and provide licence holders the ability to request alteration to their licence conditions.

1.3. Propose the amendments to the format for the taxi and private hire car trade meetings with the Council to ensure private hire car operators and drivers are also represented to better facilitate links between the Committee, licensing officials and the wider taxi and private hire car trade.

2.0 Recommendations

2.1. It is recommended that the committee:-

a) approves the licence variation application fees as set out in paragraph 3.2.3,

b) agrees to accept temporary licence applications and to approve the associated fees as set out in the table to paragraph 3.3.3

c) approve the removal of the minimum engine capacity as stated in condition 1.1 (1) (a) of the Taxi & Private Car Hire Operators Licence Conditions relating to "a minimum capacity of 1500cc's" from the Licence Conditions for the reasons stated in paragraphs 3.4.1 & 3.4.2.

THIS PAPER RELATES TO ITEM 4

ON THE AGENDA

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d) approve the formation of a new taxi and private hire car Working Group as described in Appendix 2.

3.0 Considerations

3.1. Survey Results

3.1.1 Members will recall that the above proposals were presented to the Regulatory Committee meeting held on 8th April. Members required that further public consultation should be carried out before making determinations on the proposals.

3.1.2 This consultation involving the general public and licence holders has now been completed and the results analysed. Overall the response to the survey was very low in considering that the survey was advertised on clacksweb and all street traders, taxi and private hire car operators and drivers were individually written to, numbering some 287 licence holders. A total of 11 responses (6 responses electronically and 5 in paper format - includes one duplicate submission) were received. Copies of the survey responses are contained in Appendix 1.

3.2 Application Fees for Variations to Conditions

3.2.1 Section 10(1) of the 1982 Act states "A licensing authority may, at any time, whether or not upon an application made to them by the holder of the licence, vary the terms of a licence on any grounds they think fit." Until now the Council has no prescribed process in place to deal with requests made by licence holders. The formal introduction of the process to vary a licence is intended to provide licence holders with the ability to request an alteration to their licence conditions.

3.2.2 The requirement to charge a fee for a licence variation is a legal requirement of the 1982 Act and is not a discretionary matter for the Council and given the Council's commitment to full cost recovery of services provided by the Council, it is anticipated that in forthcoming years the existing fee structure for Civic Licensing will gradually evolve to maximise the ability of the Council to achieve full cost recovery.

3.2.3 A detailed evaluation has been carried out for this new licence process to vary a licence and accordingly the Committee is therefore asked to approve a variation application fee of £310.00 for non-premises related variation applications (includes Taxi and Private Hire Operator Licence variations). For the sake of completeness, the Committee are also asked to approve a fee of £322.00 in respect of all variations for premises related licences presented to the Regulatory Committee for consideration under the 1982 Act. The higher fee for premises variation applications is due to the additional processes involved.

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3.2.4 The aforementioned detailed evaluation split the process into 11 main activities. Commencing at the point of receiving an application, through processing, consultation carried out, preparation and approval of the Committee report, presentation of the report at Regulatory Committee and notification to the applicant of the Committee decision. These proposed fees do not include monitoring, investigating complaints, general advice costs.

3.3 Temporary Duration Licences

3.3.1 The current system under the 1982 Act allows for temporary licences on various licence types to be granted at the discretion of the Licensing Authority. Traditionally, these licences have been granted for public entertainment events only, and not any other licence types required under the 1982 Act.

3.3.2 A number of entities have enquired of the Licensing Authority or have been looking to carry out licensable activities (such as private markets) but have been deterred from doing so as the Licensing Authority fee for the full 3 year licence period is seen as prohibitive from a cost perspective.

3.3.3 It is therefore proposed that the Licensing Authority resolves to accept temporary licence applications and 1 year licence applications for the following licence types and at the cost all as set out in the table below:

Licence Type Temporary 1 Year 3 Year

Street Trader £54.00 (existing) £87.00 (proposed) £174.00 (existing)

Market Operator £88.00 (proposed) £141.00 (proposed) £283.00 (existing)

3.3.4 In setting the fees, the Licensing Authority must recover the costs of administering the licensing system. The fees set out in the above table are proportionate to similar application types, and are linked to the approved cost of the 3 year licences. The above charges will be subject to future review as described in paragraph 3.2.2 above.

3.4 Removal of Minimum Engine Capacity

3.4.1 No additional information has come to hand to alter the opinion that operators should have the ability to choose an engine capacity appropriate for the use of the vehicle.

3.4.2 Smaller engines are generally "greener" and the acceptance of these smaller engines would embrace the Council's Local Transport Strategy 2010 - 2014 that refers to the Scottish Executives statement (2006) regarding the National Transport Objectives, one of which refers to "......minimise emissions and consumption of resources and energy".

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3.5 Taxi & Private Hire Drivers/Operators Working Group

3.5.1 The Council has historically held a non statutory meeting with the Taxi Owners Association on a quarterly basis. This meeting has the potential to be a useful forum for exchange of information between the licensing authority and taxi owners, however the current format of the meetings has, in the view of the officers, become unworkable.

3.5.2 Moreover and importantly, the Taxi Owners Association does not represent all parts of the trade in that there is no representation from Private Hire Car Operators and Drivers nor taxi drivers who are not taxi operators. It is therefore proposed, as detailed in Appendix 2, that an alternative arrangement be put in place to be more inclusive and so better facilitate links between the Council, licensing officials and the wider stakeholder trade base.

4.0 Sustainability Implications

4.1. The report will have a positive impact on economic prosperity of start up companies, small businesses and voluntary organisations by assisting them more easily comply with the Act.

5.0 Resource Implications

5.1. Financial Details

5.2. The financial implications of the recommendations are set out in the report. The proposed fees have been set at a level commensurate recovering the costs of administering the licensing system as required by statute. Yes

5.3. Finance have been consulted and have agreed the financial implications as set out in the report. Yes

5.4. Staffing

5.5. There are no staffing implications.

6.0 Exempt Reports

6.1. Is this report exempt? Yes (please detail the reasons for exemption below) No

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7.0 Declarations The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities (Please double click on the check box )

The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

8.0 Equalities Impact

8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No

9.0 Legality

9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes

10.0 Appendices

10.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

Appendix One - Survey Results Appendix Two - Taxi & Private Hire Drivers/Operators Working Group

11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No

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Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Alastair Mackenzie Team Leader Building Standards & Licensing

2554

Approved by

NAME DESIGNATION SIGNATURE

Ian Doctor Regulatory Services Manager

Gordon McNeil Head of Development and Environment

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Appendix 1

What is your organisation?

Do you think that the proposed charge of 80% of the full application fee is appropriate?

If you feel another fee is appropriate, please state the fee together with your reasons to support the proposal

Do you think that the proposed application fees as identified in the table are appropriate


Do you think that removing the minimum engine capacity as identified is appropriate?

Do you think this proposal would compromise the quality of service you would receive if travelling in a vehicle with a small engine capacity?

If you feel another minimum capacity should be adopted, please state the capacity together with your reasons to support the proposal

Do you agree with the proposed format of the new Liaison Group?

If you feel another format would be more appropriate, please state the format together with your reasons to support the proposal.

Do you feel that there should be customer representation on the Liaison Group? This would be regular users of both taxis and private hire car vehicles in Clackmannanshire

1. Anonymous Yes Yes Yes No Yes Yes 2. Anonymous Yes Yes Yes No Yes Yes

3. Anonymous Yes No

Market Operator Fees do not take into account the cost of the required levels of compliance monitoring that should be taking place. Compliance monitoring of no more than 30 minutes each time the Candleriggs Market operated would cost in excess of £418 No No

As long as the MGW (Maximum Gross Weight) of the vehicle is capable of carrying the number of adults and associated luggage that it is plated to carry, then the engine capacity is no longer a relevant consideration in assessing suitability for use as a taxi. Yes

As long as the MGW (Maximum Gross Weight) of the vehicle is capable of carrying the number of adults and associated luggage that it is plated to carry, then the engine capacity is no longer a relevant consideration in assessing suitability for use as a taxi. Yes

4. Anonymous Yes Yes Yes No Yes Yes

5. Alloa Community Council Not Answered No

Community Groups are often run by small groups of volunteers and the paper work involved in organising events is an increasing burden. If the council wants to encourage a voluntary sector to hold events the paperwork and cost must be kept to a minimum. Not Answered Not Answered

Depends on the distance travelled. If going to Edinburgh airport I would expect a more powerful car. Lower capacity would help reduce speeding by many local taxi drivers who are regularly seen breaking the 20MPH speed limit. No

Depends on the distance travelled. If going to Edinburgh airport I would expect a more powerful car. Lower capacity would help reduce speeding by many local taxi drivers who are regularly seen breaking the 20MPH speed limit.

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Appendix 1




Do you think that the proposed application fees as identified in the table are appropriate?

If you feel another fee is appropriate, please state the fee together with your reasons to support the proposal.



If you feel another minimum capacity should be adopted, please state the capacity together with your reasons to support the proposal.

Do you agree with the proposed format of the new Liaison Group



6. Taxi Owner Association No

Consultation was not met with the taxi trade regarding this proposal. This was previously presented to the Sub Committee who said a consultation was needed before any fee could be presented for consideration. 80% has been picked out of the air as a number No No No Yes

No tests or consultations has been met on this subject. I feel that 1500cc engine and above is appropriate for the needs of a taxi/private hire and should not be changed. Talks should be left open for electric or hybrid cars when information becomes available. No

No tests or consultations has been met on this subject. I feel that 1500cc engine and above is appropriate for the needs of a taxi/private hire and should not be changed. Talks should be left open for electric or hybrid cars when information becomes available. No

7. Stevie's Cabs No

I don’t think there should be a fee for this. Not Answered Not applicable No No No No

8. RSW Cabs No

Zero fee as otherwise just a money making scheme for council. No

Zero fee, just money making scheme for Council besides street traders and market operators are not "not for profit" organisations and if they cannot afford full fee they should not be a business. No Yes

Leave it as it is, no need to change. No

Leave it as it is, no need to change. No

9. Unicabs Alloa Limited No

No consultation with the trade had been met with this fee. Sub Committee has asked for this to be done before presentation. No

Not in a position to comment on this. This fee should be left to the people it affects. Not Answered Not Answered

not enough information to note, consultation meeting should be set up before a vote can be made. No

not enough information to note, consultation meeting should be set up before a vote can be made. No

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Appendix 1




Do you think that the proposed application fees as identified in the table are appropriate?




If you feel another minimum capacity should be adopted, please state the capacity together with your reasons to support the proposal.

Do you agree with the proposed format of the new Liaison Group?



10. David Brown Taxis No

No other fee is appropriate as license fees have been increased without consultation with the taxi trade and enforced upon us. No

This should be up to the street traders to decide as that is their trade not mine. No Yes

It should be based on horse power with a minimum of 90bhp. No

There is nothing wrong with the current T.O.A meetings which have been held for over 30 years, unfortunately, when the service can't get its own way, even by deviously trying to sneak in regulations at a Council Regulatory Sub-Committee meeting, he is looking to further his own ends by trying to split the trade. The taxi trade has no confidence from the taxi trade, by his persistent refusal to have forum meetings and his actions are having financial hardship on ourselves. License fees have been increased without consultation . I think that councillors should have a review/investigation into the service to see if prejudice towards the taxi trade exists as most members of the T.O.A believes so and are frightened to speak out. No

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Appendix 2 - Taxi & Private Hire Drivers/Operators Working Group

The Group to be formed and to be known as the Taxi/PHC Operators & Drivers Working Group will consist of the following members:

1. 2 members of the Regulatory Committee, such members to be nominated by the Committee as it thinks fit;

2. 2 members, being the holder of a current taxi operator/driver licence; and

3. 2 members, being the holder of a private hire car operator/driver licence.

The meetings of the working group will take place at quarterly intervals, or as and when required. The Licensing Authority will facilitate these meetings by making a meeting room available at its offices at no cost to the parties. Officers of the Licensing Authority shall attend these meetings, subject to availability.

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item 04 civic licensing - governance and miscellaneous

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