Taxi and private hire car licensing: guidance - third edition

Chapter 1 – scope of best practice

1.1 The best practice document does not seek to address the whole range of possible licensing requirements but focuses primarily on those issues that have caused difficulty in the past or have been highlighted as being of particular significance.

1.2 It is intended to be an evolving document and will be subject to periodic amendment to reflect changing and developing policy and concerns. The Scottish Government will inform licensing authorities and trade representatives when it is amended.

1.3 This best practice references a number of matters for which legislative responsibility is reserved to the UK Government. We have advised within the document as to where UK Government guidance can be found.

1.4 Whilst seeking to promote best practice in relation to quality and safety the Scottish Government does not set out to offer interpretation of the legislation governing taxi and private hire car licensing. This is a matter for licensing authorities and the Courts. It is for licensing authorities to seek their own legal advice as appropriate in regard to the exercise of their licensing powers.

1.5 As well as referring to this best practice document and the governing legislation, the Civic Government (Scotland) Act 1982 ("the 1982 Act"), local licensing authorities should make use of the information in the Scottish Development Department Circular 25/1986.

1.6 Licensing authorities will also be aware of more general duties they have under the Data Protection Act 2018 and the General Data Protection Regulations when they are handling personal information.