Taxi and private hire car licensing: guidance - third edition

Chapter 3 – enforcement

3.1 A successful licensing regime is appropriately and adequately enforced. Well-directed enforcement activity by licensing authorities benefits not only the public but also the responsible people in the taxi and private hire car trade. The resources devoted by licensing authorities to enforcement will vary according to local circumstances and frequent liaison between licensing authorities and the police in the shape of information/intelligence sharing will help authorities gauge the level and type of enforcement activity required.

3.2 As enforcement activity is part of the licensing regime, it is recoverable through fees charged for licences. It is therefore within the interests of the trade for them to be involved in any information gathering on enforcement needs in their area. The Scottish Government is aware that some authorities have successfully carried out joint operations with the police for example targeting known problem spots where instances of breaches of licensing have been reported.

3.3 A visible enforcement presence will prove a useful deterrent against breaches of licence, for example illegally plying for trade. It is recommended as best practice that enforcement activity is at least partly directed to the late-night period, when such breaches tend most often to arise.

3.4 The operation of unlicensed taxis and private hire cars and drivers is a police matter.

Civic Licensing Standards Officer

3.5 The Air Weapons and Licensing (Scotland) Act 2015 ("the 2015 Act") introduced a statutory requirement for a licensing authority to appoint an individual or individuals as a 'Civic Licensing Standards Officer'.

3.6 Civic Licensing Standards Officers have the same powers and duties as an 'authorised officer' within the 1982 Act but also have specific functions in relation to providing information and guidance, checking compliance, providing mediation and taking appropriate action on perceived breaches of conditions to a licence provided under the 1982 Act.

Council taxi and private hire enforcement officers

3.7 Some councils employ taxi and private hire enforcement officers in addition to a Civic Licensing Standards Officer. For example, in Glasgow it is the taxi and private hire enforcement officers, as authorised officers of the Licensing Authority, that investigate matters. The Civic Licensing Standards Officer does not deal with enforcement matters regarding taxi and private hire in Glasgow.

3.8 The following is the process Glasgow's taxi and private hire enforcement officers follow when investigating a complaint. In summary the process is:

• Officers assess whether there is justification and sufficient information for investigating the complaint.
• Depending on the nature of the complaint, officers will attempt to contact any witnesses, booking offices for additional information.
• Identify the driver if details were not provided by contacting the vehicle operator.
• Once identified, the driver will be contacted by officers with a view to providing driver's recollection of the incident or information that would allow officers to eliminate the driver from the investigation.
• Having gathered the available information and reviewed the driver/licence holder's complaint history, depending on the nature of the complaint, officers will either remind the licence holder of their licence responsibilities or refer the complaint to the licencing and regulatory committee.
• If referred to Committee, report will be prepared by officers for Committee to consider what action, if any to take against the licence holder. Licence holder will be provided with copy of report and cited to Committee hearing.

Cross border hiring

3.9 It is an offence to deliberately ply for trade in another licensing area in Scotland.

3.10 The 1982 Act provides that it is an offence to operate or permit the operation of a taxi in an area where taxi licensing is in force if neither the vehicle nor the driver is licensed. It is an offence for a person to pick up passengers, or permit passengers to be picked up by, a private hire care within an area within which neither the vehicle nor the driver has a licence. However, this does not apply to the operation of a taxi or private hire car within an area in which the vehicle or its driver is not licensed if the request for its hiring is (i) received by the driver whilst in the area in which they are licensed, (ii) the driver is engaged in a legitimate hire outside their area which began or will end in their area, or (iii) the driver is returning to their own area following completion of a journey on hire.

3.11 This makes it possible, for example, for a passenger to phone for a taxi or private hire car from their home area to take them to or pick them up at an airport out with that area provided that the request is received by the driver while they are operating in the area for which they are licensed or while they are on a legitimate hire out with that area.

3.12 The Scottish Government is aware of concerns that have been expressed about ongoing issues with taxi and private hire car vehicles from other areas travelling into cities to ply for trade. As an example of best practice, the Scottish Government would highlight the following 'Information Sheet' issued by Aberdeenshire Council to taxi and private hire car drivers regarding operations outside the local authority area.

3.13 Local licensing authorities may wish to consider adopting a similar style of document.

Civic Government (Scotland) Act 1982

Information Sheet - Taxi and Private Hire Car Operations Outside Aberdeenshire

1. Aberdeenshire Council licences taxi and private hire car drivers and vehicles to operate within the area of Aberdeenshire. Likewise the City of Aberdeen Council licences drivers and vehicles to operate within the area of Aberdeen City.

2. Licences are issued under the Civic Government (Scotland) Act 1982. The practical effect of Section 21 (1) of the Act in relation to an Aberdeenshire licensed operator and driver working in Aberdeen, is as follows-

If any person -

(a) operates or permits the operation of a taxi within Aberdeen, or

(b) picks up passengers in, or permits passengers to be picked up by, a private hire car in Aberdeen, that person shall be guilty of a criminal offence.

3. However, Section 21 (2) goes on to state that the above section will not amount to a criminal offence if the request for the vehicle hiring was received by its driver -

(a) whilst the taxi or private hire car was in Aberdeenshire, or

(b) whilst the taxi or private hire is engaged on hire in Aberdeen on a journey which began in Aberdeenshire or will end there, or

(c) whilst the taxi or private hire was in Aberdeen returning to Aberdeenshire following completion of another journey

The above exception therefore does allow an Aberdeenshire taxi or private hire car to respond to a telephone or radio request from a passenger in Aberdeen to come and pick him / her up and take him / her on a journey which ends in Aberdeen or Aberdeenshire.

4. Section 21 (2) states that the exemption does not permit an Aberdeenshire taxi or private hire car, in any circumstances, to ply for hire in Aberdeen or pick up a passenger who has flagged him down on the street in Aberdeen.

5. Accordingly, whilst a booking can be accepted for a journey in Aberdeen, the restrictions detailed above have to be complied with and a vehicle and driver cannot remain in Aberdeen hoping to obtain another hire. The vehicle should return to Aberdeenshire.

6. Should the Police detect operation within Aberdeen City contrary to these provisions, this would render an individual liable to face criminal prosecution.