Agendas, reports and minutes

Minute of the meeting of the Highland Licensing Committee held in the Council Chamber, Glenurquhart Road, Inverness on Tuesday 3 December 2019 at 10.00am.

Present:

Mrs J Barclay, Mr G Cruickshank, Mr A Jarvie (Chair) Mrs E Knox, Mrs L MacDonald, Mr W Mackay (VC), Mr D Macpherson, Mr C Smith and Mr B Thomson (VC).

In attendance:

Miss C McArthur, Principal Solicitor (Regulatory Services)
Mr I Meredith, Solicitor, Regulatory Services
Mr M Elsey, Senior Licensing Officer
Ms A Macrae, Committee Administrator

Also attending:

Sergeant K Duncan, Police Scotland
Mr J Williamson, Police Scotland

Items 6 and 7:

D Philip, Independent
B Cowan, Independent
C McEwan, Inverness Taxis
N Nicholson, Inverness City Taxis
K O’Rourke, Independent
L Steven, Inverness Taxis
G Johnson, Independent
A MacDonald, Inverness Taxi Alliance
S Cairns, Independent
M Moffat, Independent
L Fox, Independent
M Munro, Sneckie Taxis
R Munro, Sneckie Taxis
A Paul, Sneckie Taxis
R King, Northern Accident Management
D Moreira, Inverness Taxis
R Flint, Inverness City Taxis

Item 12.1: M Noble, applicant
Item 13.1: M Munro, applicant, R Munro and A Paul, employers
Item 14.1: Mr A Williamson, applicant and Mrs Williamson, applicant’s mother

The Chair confirmed that the meeting would be webcast and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1.  Apologies for absence
Leisgeulan

An apology for absence was intimated on behalf of Mr A Sinclair.

2.  Declarations of interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of meeting of the Committee held on 5 November 2019 which was APPROVED.

4.  Licences granted under delegated powers 
Ceadachdan a bhuilicheadh fo ùghdarras air a thiomnadh

There had been circulated Report No HLC/066/18 by the Principal Solicitor which detailed all Licences which had been granted under delegated powers under the Civic Government (Scotland) Act 1982 in the period from 24 October 2019 to 20 November 2019.

The Committee NOTED the report.

5.  Pending applications – 3 monthly considerations                      
Iarrtasan ri thighinn – beachdachaidhean 3 mìosach

There had been circulated Report No HLC/067/18 by the Principal Solicitor relating to applications which were currently pending for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.

The Committee AGREED to defer the determination of the applications, either to:

(a) allow them to be approved under delegated powers in the event that no objections/representations are received and all outstanding documentation has been received from the applicants; or

(b) a future meeting of the Committee when the applications will be determined in terms of the Hearings Procedure.

6.  Review of Taxi Tariff 2019/20 
Ath-bhreithneachadh air Taraif Tagsaidh 2019/20

There had been circulated Report No HLC/068/18 by the Principal Solicitor relating to the statutory requirement to undertake, and complete, a review of the Council’s taxi tariff within 18 months of the current tariff coming into effect. 

The Committee were invited to consider the information contained in the report and any further submissions made to the Committee by taxi operators attending the meeting and then agree a draft tariff for public consultation.

Mr R Munro from Sneckie Taxis raised a number of issues including the following main points:-

• an increase in the tariff was required to ensure his business remained commercially viable and to maintain the current level of service to customers;
• there had apparently only been one increase in tariff 1 in 7 years and if the status quo was agreed in the current review there would be no further opportunity for an increase until late in 2021;
• the increase sought was not unreasonable when compared to tariffs elsewhere in Scotland and details were provided on the fares in place in East Lothian, Fife, Glasgow, Moray and the Shetland Islands;
• each of the above areas had raised their tariffs in 2019, with the exception of Moray which had approved an increase in 2018. Aberdeen were currently in the process of agreeing a 7% increase following a 5% increase in the previous year;
• the increase being sought on a running mile in Highland was 27% less than Moray and 40% less if there was no increase;
• running costs in Highland were the same as in the above areas and Sneckie Taxis was only seeking parity with the fares required for the trade to survive in other areas;
• if other operators/drivers in Highland were opposed to increases then there was no compulsion for them to charge the new rates. They could apply discounts on the maximum fares albeit they would end up being worse off;
• there would not be a significant decrease in taxi usage if the proposed increases were introduced;
• it appeared 73 new taxi and private hire car operators licences had been granted in 2018 between Inverness, Nairn and Dingwall all of which could operate in Inverness. 84 new taxi and private hire car drivers licences had also been granted. This was a more likely reason for any downturn in trade and earnings being experienced by operators or drivers;
• in terms of the legislation and Scottish Government best practice the Council in fixing fares had to pay primary regard to the costs incurred by the trade;
• his company employed staff and had costs and obligations which independent operators and drivers did not have. However, if sufficient income was not being generated from fares then it was difficult for the business to absorb the rising running costs; and
• the potential for fares for tours and excursions to be included in the tariff sheet, specific reference being made to Shetland Islands Council’s policy in this regard.

Thereafter a number of other trade representatives/taxi operators present raised the following main points:-

• the inability of the Council to recognise there was overprovision in Highland was directly related to the decline in the share of the market and earnings for independent operators, companies and drivers;
• the trade would sanction an increase in fees to enable an assessment of unmet demand to be undertaken;
• the Council’s first responsibility in reviewing the tariffs was to the public and not the trade, however the trade could not withstand an increase in fares at this time;
• Highland was a diverse area and the Inverness Taxi Alliance would continue to make the case for the reintroduction of zoning so that fair tariffs could be agreed for the different areas;
• caution should be exercised around the introduction of zoning as currently a large number of operators trade between Inverness and areas outwith Inverness, for example tours from Invergordon;
• an increase in tariffs would have financial implications for the Council when school and other contracts with taxi operators and drivers were being renewed;
• other taxi operators and drivers which operated in Inverness accepted that sometimes a business had to absorb rising running costs because of market conditions. They should therefore not be penalised for the fact that Sneckie Taxis wished to operate a different business model from the rest of the trade;
• the fact there were licensed vehicles conducting tours provided protection for the Council and the public in that the vehicles were inspected and regulated and had the appropriate level of public liability insurance in place; and
• in the current financial climate, the public could not afford taxis and private hire cars and any increase in the tariffs would make this situation worse and have a significant detrimental impact on the trade in Highland.

In the course of the discussion, the Principal Solicitor clarified that in relation to the number of taxi operators in Highland, the wording of the legislation, on which legal opinion had been taken, was that the assessment of unmet demand required to look at demand for taxi services in the whole of the Highland Council area, and not one area such as Inverness. The Scottish Government guidance advised that in considering quantity restrictions for taxi licences the matter had to be approached in terms of any benefit to the community i.e. the users of the service and not the benefit of the operators providing the service. The Highland Licensing Committee on 27 March 2018 had agreed to take no further action towards introducing restrictions on numbers of taxi or private hire cars in its area or in any part thereof taking into account that the number of practical difficulties inherent in introducing restrictions would not be outweighed by any resulting benefits to the general public.  

The Principal Solicitor further clarified that the Scottish Government had advised the exemption contained within the Civic Government (Scotland) Act 1982 which allowed operators to undertake a single tour/contract within a 24 hour period without a licence was due to be removed, however no date had been confirmed.

The Principal Solicitor also circulated to Members and all parties with a petition which had been submitted by some of the taxi operators in support of the status quo in relation to the taxi tariffs.

The Chair advised that for Members benefit the history of tariff reviews since 2011/12 was detailed at section 3.2 of the report, noting that there had been changes in every year with the exception of 2014/15.

In discussion, Members raised the following issues:

• the Council did not benefit from a reduction or increase in the tariffs on the basis that taxis and private hire car operators bid for services such as school contracts through a competitive tendering process;
• the Committee should take into account the changes in the inflation figures (consumer price index) relevant to the taxi trade since the current tariff came into effect in November 2018, details of which were set out in the report and which showed in general there had been no significant changes;
• the petition which had been submitted suggested there were 231 taxi drivers who could sustain a business despite the reported market conditions; and
• the annual average earnings as at August 2019 had increased by 3.6%.

Each item of the tariff was then debated, and the Committee AGREED a draft tariff to go out for public consultation for a period of 28 days with no changes to the existing tariffs and one proposed change to the additional charges as follows:

• the soiling charge be increased from a maximum of £100 to a maximum of £120.

7.  Wheelchair accessible vehicles - designated list 
Carbadan freagarrach airson chathraichean-cuibhle - liosta ainmichte

There had been circulated Report No HLC/069/18 by the Principal Solicitor providing the Committee with details relating to compliance of the licensing authority with the public sector equality duty, specifically with regards to wheelchair accessible vehicles. 

The Committee was invited to decide (1) whether or not there should be a  list of designated wheelchair accessible vehicles (WAVs) licensed as taxis or private hire cars (PHC’s) in The Highland Council area for the purposes of section 165 of the Equality Act 2010 (“the 2010 Act”) and (2) if there should be any list, that (a) a draft list is prepared, (b) intimation is given to the holders of the relevant operators licences that the Committee proposes to designate their licensed vehicle, inform them of the legal consequences of this and to invite representations,(c) after consideration of any representations, determine what the designated list should contain and (d) publish a designated list.

Mr R Munro, Sneckie Taxis, expressed concern at the imposition of the proposal on the trade. He advised that his company already provided a good service to disabled passengers in the area..  The vehicles had to be tested every six months and the cost of repairing and replacing wheelchair lifts was significant. He also he referred to the additional work and training which was involved with WAVs. He advised that with no proposed increase in the taxi tariff he would have to consider whether it was commercially viable for him to provide WAVs in future.

The Solicitor advised that the proposal was to introduce a list of those wheelchair accessible vehicles currently licensed as taxis or private hire cars and that no additional burdens or restrictions were being placed on operators/drivers. He advised that while there was no requirement within the 2010 Act for local authorities to have a designated list, the Scottish Government strongly encouraged them to do so. In the event it was agreed to introduce a designated list then there would be a further consultation on the inspection regime for WAVs which it was anticipated would not differ significantly from the current inspection regime for taxi vehicles.  

The Chair reiterated that no additional duties were being imposed on operators other than those already contained in the 2010 Act and outlined in section 4 of the report. The only fundamental change was that failure to comply with these duties could result in a criminal rather than a civil action.

Mr Munro suggested the test for WAVs would involve additional costs and this combined with no increase in the tariff may push some current operators out of the market resulting in a lesser service for wheelchair users.

The Solicitor advised that in Spring 2020 there would be a consultation period on the details of the guidance and regulations and any additional cost burdens and inspection requirements would be highlighted at that point. At this stage, agreement was being sought only on the principle of having a list of designated for WAVs.

Further comments raised by taxi operators included:-

• the potential for tariff 2 to apply to WAVs in recognition of the additional costs. The Solicitor advised that in his view it would not be lawful to impose an additional charge for a wheelchair user;
• it was not cost effective to offer a wheelchair accessible service in Highland;
• the reality was there was a huge shortage of WAVs in Highland and the need for the trade and the Council to work together to make the provision of WAVs more commercially viable for the trade;
• a solution would be for the Council to take a more proactive approach and for a period grant any new taxi operators licence subject to a condition that the licensed vehicle must be a WAV; and
• the above would address the issue of there being an overprovision of taxis and an under provision of WAVs.

In discussion, Members raised the following issues:-

• confirmation was sought and provided that the exact specifications for WAVs in terms of passenger safety would be subject to further consultation and Member approval;
• the potential to consider a threshold in respect of the number of WAVs in Highland;
• the fact the provision of licensed WAVs would continue to be voluntary and that by being on the designated list operators would be subject to criminal rather than civil penalties may discourage them from operating more WAVs in Highland;
• the importance of being mindful of the significant costs associated with converting vehicles to be wheelchair accessible and the longer period required to recover costs;
• there were other local authorities which had a list of designated in place without having a threshold for the number of WAVs;
• additional information be brought forward on the current position in relation to designated lists/policies on wheelchair accessible vehicles within other Scottish local authorities as a comparison;
• in terms of benefits, the development of a designated list for the public would assist wheelchair users to identify those operators with WAVs and therefore drive more custom to those on the list; and
• the level of provision of WAVs across Highland was a separate issue to the consultation on whether the development of a designated list would be of benefit or no benefit to providers and users.       

The Committee AGREED to DEFER the decision on whether there should be a list of designated wheelchair accessible vehicles licensed as taxis or private hire cars in The Highland Council area for the purposes of section 165 of the Equality Act 2010 to a future meeting of the Highland Licensing Committee to allow:

• additional information to be brought forward on the current position in relation to designated lists/policies on wheelchair accessible vehicles within other Scottish local authorities as a comparison

8.  Civic Government (Scotland) Act 1982  
Street Trader’s Licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Luchd-malairt Sràide

8.1 Application for renewal of a street trader’s licence – Martin MacPherson

There had been circulated Report No HLC/070/19 by the Principal Solicitor relating to an application which had been received from Martin MacPherson for the renewal of a street trader’s licence (Ward 10 - Eilean a’ Cheò).

The applicant did not attend.

The Senior Licensing Officer reported that a satisfactory electrical certificate had now been received and that in his application Mr MacPherson had requested consent to trade for an additional hour, from 0100 to 0200 hours, daily from Somerled Square, Portree.

The Committee AGREED to GRANT the application subject to the standard conditions.

9.  Civic Government (Scotland) Act 1982
Application for skin piercing or tattooing licence 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd tolladh craicinn no tatùthadh

9.1  Premises: The Speyside Business Centre, Unit 13 Dalfaber Industrial Estate, Dalfaber Road, Aviemore

There had been circulated Report No HLC/071/19 by the Principal Solicitor relating to an application for the grant of a skin piercing or tattooing licence for The Speyside Business Centre, Unit 13 Dalfaber Industrial Estate, Dalfaber Road, Aviemore. by Eleanor Wilson (Ward 20 - Badenoch and Strathspey Ward).

The Committee NOTED that the application had been withdrawn at the applicant’s request.

10.  Civic Government (Scotland) Act 1982
Applications for private hire car driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982 
Iarrtasan airson ceadachdan do dhràibhearan / oibrichean chàraichean airson fastadh prìobhaideach

10.1    Application for private hire car driver’s licence – Donald Campbell

There had been circulated Report No HLC/072/19 by the Principal Solicitor relating to an application which has been received from Donald Campbell for a private hire car driver’s licence (Ward 12 - Aird and Loch Ness Ward).

The applicant did not attend.

The Senior Licensing Officer reported that the application had to be determined by 5 December 2019. The applicant’s wife had advised that Mr Campbell would not be pursuing the application but that to date the application had not been withdrawn.

The Chair advised the applicant had been made aware that if he did not withdraw the application he could not reapply for a licence for a period of 12 months.  

The Committee AGREED to REFUSE the application under section 13(3A) of the Civic Government (Scotland) Act 1982 as the licensing authority could not be satisfied that Mr Campbell was not disqualified by reasons of his immigration status from driving a private hire care as he had not made an appointment to undergo a right to work check within the 9 month determination period for processing a licence application.

11.  The Committee RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following Items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.

12.  Civic Government (Scotland) Act 1982
Application for skin piercing or tattooing licence 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd tolladh craicinn no tatùthadh

12.1  Premises: Tat-or-Too, 25 Bridge Street, Wick

There had been circulated Report No HLC/073/19 by the Principal Solicitor relating to an application for the renewal of a skin piercing or tattooing licence for Tat-or-Too, 25 Bridge Street, Wick by Michael Noble (Ward 3 – Wick and East Caithness).

Mr M Noble, applicant attended.

The Committee heard from the applicant and Police Scotland in relation to the application.

The Committee AGREED to GRANT DELEGATED POWERS to the Principal Solicitor- Regulatory Services to grant the renewal application subject to receiving satisfactory responses from the remaining consultees.

13.  Civic Government (Scotland) Act 1982
Taxi driver’s / operator’s licences
Achd Riaghaltais Chatharra (Alba) 1982
Ceadachdan Dhràibhearan / Oibrichean Tagsaidh

13.1  Application for the grant of a taxi driver’s licence – Michael Munro

There had been circulated to members only Report No HLC/074/19 by the Principal Solicitor relating to an application which has been received from Michael Munro for the grant of a taxi driver’s licence (Inverness West Ward).

Mr M Munro, applicant and his employers Mr R Munro and Ms A Paul attended.

The Committee heard from the applicant, Mr R Munro and Police Scotland in relation to the application.

The Committee AGREED to GRANT the application subject to Mr Munro sitting and passing the Council’s taxi drivers knowledge test.

14.  Civic Government (Scotland) Act 1982
Application for metal dealer’s licence 
Achd Riaghaltais Chatharra (Alba) 1982
Iarrtas airson ceadachd neach-malairt meatailt

14.1  Application for a metal dealer’s licence – Alexander Williamson

There had been circulated to members only Report No HLC/075/19 by the Principal Solicitor relating to an application which has been received from Mr Alexander Williamson for the grant of a metal dealer’s licence (Ward 11 – Caol and Mallaig).

Mr A Williamson, applicant and Mrs Williamson, the applicant’s mother attended.

The Committee heard from the applicant, his mother and from Police Scotland in relation to the application.

Ms E Knox, seconded by the Chair, moved that the application be refused on the grounds that the applicant was not a fit and proper person to hold a licence for the reasons set out in Police Scotland’s letter of objection.

Mr J Bruce, seconded by Mrs J Barclay, moved as an amendment that the application for renewal be granted for a period of one year.

For the motion (6):

Mr G Cruickshank, Mr A Jarvie (Chair), Mrs E Knox, Mrs L MacDonald, Mr D Macpherson and Mr C Smith.

For the amendment (2):

Mrs J Barclay and Mr J Bruce

The Committee therefore AGREED to REFUSE the application under paragraph 5(3)(a)(ii) of Schedule 1 of the Civic Government (Scotland) Act 1982 on the basis that the licensing authority was not satisfied that Mr Williamson was a fit and proper person to hold a licence.

The meeting closed at 2.03pm.