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Rogue taxi owner clampdown
11/02/2009
New legislation laid in the Parliament will make it much more difficult for serious organised criminals to muscle in on the taxi trade.
The Statutory Instrument (SI) provides for the licensing of taxi and private hire car booking offices. It is expected that the Order if approved by the Scottish Parliament will come into effect in April.
The Scottish Government recognises the concerns that have been expressed by a number of licensing authorities and the police about the absence of any effective regulation for taxi and private hire car booking offices. It also acknowledges the concern that some booking offices may be using unlicensed vehicles and drivers to fulfil hires, and that other illegal activities may also be taking place.
This is clearly to the detriment of the travelling public. It is also damaging to the credibility of the taxi industry, and the individuals who work within it.
Speaking following a meeting with the Scottish Taxi Federation, Justice Secretary Kenny MacAskill said:
"Tackling serious organised crime is one of the Scottish Government's top priorities. Where it infiltrates legitimate business, like the taxi and private hire trade, we are determined to take action.
"We won't allow hard working cabbies who borrow from the bank or mortgage their home to buy a cab and make a living to be driven off the road by crooks and gangsters. We all have a duty to tackle organised crime. We as a Government will clamp down hard on it, but the public have a responsibility too.
"This new legislation will provide for police checks through the licensing of booking offices to be carried out on those responsible for the operation of such businesses, as well as enabling police and licensing enforcement personnel access for inspection of premises and records.
"I set up the Serious Organised Crime Taskforce to bring together the key players tasked with dealing with the criminal gangs who prey on our hard-pressed communities. Taskforce members are working together to ensure that Scotland is a difficult place for organised criminals to do business.
"I hope these measures will act as a deterrent to unlawful activity - and send a clear message to organised criminals that there is no room in this industry for those who want to use taxi firms as a front for their illegal activities."
Bill McIntosh, General Secretary of the Scottish Taxi Federation said:
"I welcome Mr MacAskill's reassurance that tackling organised crime is a priority for the Scottish Government in particular where it has an adverse impact on legitimate businesses.
"We regard the introduction of the new legislation announced today as an important measure, which should act as a deterrent to organised criminals disposed to using the trade as a front for illegal activities".
While licensing authorities have various powers under the 1982 Act to regulate the operation of taxis and private hire cars they have no powers allowing them to regulate the operation of taxi and private hire car booking offices. The absence of any licensing requirement for booking offices renders licensing authorities powerless to exert any control over the running of such businesses.
The provisions in the SI will require every licensing authority to license the use of premises by businesses engaged in the taking of bookings for taxi and private hire cars in its area. Businesses where the number of taxis or private hire cars in respect of which bookings are taken does not exceed 3 vehicles will not require to be licensed (booking office licence).
Bringing booking offices within licensing control would provide council enforcement officers and police with specific powers to inspect premises and records to ensure that such establishments were operating within their licence. Importantly, licensing would subject those responsible for the operation of such businesses to scrutiny through criminal record checks to ensure that the applicant was considered a "fit and proper person" to operate such a business.
The SI sets out various mandatory conditions to be attached to licences requiring that a record be maintained of all bookings for taxis and private hire cars to record the registration number of the vehicle to fulfil the booking and the name of the driver who undertook the hire. The SI will also require that the licence holder take all reasonable steps to ensure that vehicles and drivers used to fulfil bookings are appropriately licensed under the 1982 Act. In addition to the mandatory licensing conditions set out in the SI, licensing authorities may attach to any grant or renewal of licence such reasonable conditions as it considers appropriate.