Taxi and private hire car licensing: guidance - third edition

Chapter 2 – the role of licensing

2.1 The 1982 Act allows for local authorities, as the licensing authority, to licence taxis and private hire cars. The preamble of the 1982 Act states that it is:

An Act to make provision as regards Scotland for the licensing and regulation of certain activities; for the preservation of public order and safety and the prevention of crime.

2.2 Within the 1982 Act there are specific roles for both the local licensing authority and the police in administering and enforcing the local licensing regime. The success of the regime depends on a constructive and positive relationship between them as well as effective engagement with the trade and customer groups.

2.3 A successful licensing regime will ensure that a safe, reliable and accessible service is available to the public when and where it is required at a cost that does not exceed the maximum amount that can be charged for journeys in taxis and private hire cars fitted with Taximeters. We recognise a balanced approach is beneficial when setting taxi fares between the expectations of taxi drivers/ operators to earn a living against the backdrop of a cost of living crisis and against the public expectation to be able hire a taxi of reasonable quality at a reasonable price.

2.4 This outcome requires a number a factors to be addressed within the regime including:

• that the profile and size of the local customer market is known and understood to ensure the right number and type of vehicles are available at the right times;
• that vehicles are of a suitable type to meet the requirements of customers and are in good working order;
• that drivers are vetted and tested to ensure they are fit and proper, appropriately qualified to drive, and suitably trained to handle the variety of customer interactions;
• that owners of cars and booking offices are vetted to ensure they are fit and proper;
• that fare scales are reasonable and transparent and are regularly reviewed with relevant consultation.

2.5 This is not an exhaustive list, but is illustrative of the range of issues to consider. Underpinning any successful regime though is the need for robust enforcement.

2.6 It is, of course, good practice for local licensing authorities to consult on any significant proposed changes in licensing rules. Such consultation should include not only the taxi and private hire car trade but also customers, local businesses/organisations (public and private) dependent on or affected by the trade and organisations with a wider transport interest (e.g. Campaign for Better Transport).

2.7 Again it is particularly useful to be aware of the profile of the local market to best target consultation, ensuring groups with particular requirements, i.e. due to a disability, are represented.

2.8 Licensing authorities will also wish to consider Transport Scotland's Accessible Travel Framework. Created in 2016 it provides a national vision and outcomes for accessible travel and a high level action plan to tackle the key issues facing disabled people. Its vision is that 'All disabled people can travel with the same freedom, choice, dignity and opportunity as other citizens.'

2.9 Information about Transport Scotland's Accessible Travel Framework can be found in Chapter 4 (Accessibility Requirements) of this guidance document.