Scottish Government

We recommend that licensing authorities should continue to be required to issue a licence if it has not made or reached a decision on an application within 6 months (or sought an extension through the courts) but, instead of such a licence being unconditional, licensing authorities should be permitted to attach standard conditions to avoid other licence holders having to trade at a disadvantage.

(Paragraph 1.3)

We recommend that the current provisions at section 5(1) which allow an authorised officer of the local authority, fire authority and police to enter and inspect premises for the purposes set out in section 5(2) be extended to include civilian staff employed by the police under the provisions of section 9 of the Police (Scotland) Act 1967.

(Paragraph 1.4)

We recommend that, in the interests of public safety, the legislation be amended to make it a mandatory condition of licence that the licence (or a copy) be displayed on premises, vehicles (or a plate) and vessels and, where this is not practical, for the licence to be carried by the day-to-day manager. For other activities we further recommend that individuals should be required to carry the licence (or a copy) on their person, unless under its discretionary powers a licensing authority has made it a condition of licence for another form of identification to be displayed or shown on demand.

(Paragraphs 1.5-1.6)

We recommend that Ministers consider whether a general review of the criteria for fines on the standard scale needs to be undertaken and whether the level of fines themselves also require to be reviewed.

(Paragraph 1.7)

We recommend that the current two-tier licensing system for taxis and phcs remains but that the merits of a single tier licensing system should be re-examined as part of any future review of numerical controls on taxis (see following recommendation) .

(Paragraphs 2.2-2.5)

We recommend that licensing authorities continue to have a discretionary power to restrict the number of taxis in their area if there is no significant demand which is unmet but that the ability to do so should be re-examined 2 years after the proposed vehicle specification requirements resulting from the Disability Discrimination Act 1995 (DDA) are introduced. Such a review should also consider further the merits of single tier, given that the powers to limit the number of taxis do not apply to phcs. In the meantime, in view of the concerns expressed over the frequency and methodology used in the surveys undertaken by licensing authorities to restrict numbers, we further recommend that the proposed Focus Group, outlined in Ministers' response to the OFT report, be set up without undue delay to ensure that the necessary guidance is issued as soon as possible.

(Paragraphs 2.6-2.9)

We recommend that licensing authorities be encouraged to use their existing powers under Schedule 1 of the 1982 Act to insert an expiry date when issuing vehicle plates to help address the problems associated with their non-return.

(Paragraph 2.10)

We recommend that the legislation be amended to provide for the complete transferability of the licence plate in the event of the death or permanent incapacity of the licence holder, subject to the proposed new licence holder meeting the requirements of the "fit and proper person" check and that licensing authorities should establish a fast track system to consider such requests. We further recommend that this approach be adopted for all the business activities licensed under the 1982 Act.

(Paragraph 2.11)

While concluding that the arguments for allowing the complete transferability of licence plates under all circumstances, subject to the proposed new applicant meeting the requirements of a "fit and proper person" check, are finely balanced, we recommend that the Scottish Executive should investigate further the merits of introducing such arrangements, both for taxi and phc vehicle licences, and for other business activities covered by the 1982 Act.

(Paragraphs 2.12-2.14)

We recommend that a new MOT test should be introduced for taxis and phcs and, given that this matter is reserved to the Westminster Parliament, Scottish Ministers should write to their Department for Transport counterparts requesting that consideration be given to its introduction. In the meantime, the Task Group further recommend that the issue of standards for vehicles should be incorporated in the best practice advice resulting from the OFT report.

(Paragraphs 2.15-2.16)

We recommend that licensing fees for taxis and phcs should continue to be ring-fenced but that the wording of section 12, and the other activities covered by paragraph 15 of Schedule 1 and paragraph 18 of Schedule 2, should all be amended to ensure that licensing authorities cannot profit from the fees charged.

(Paragraphs 2.21-2.23)

We recommend that the review of licence fees charged by licensing authorities referred to at paragraph 13.6 of this report should extend to taxis and phcs.

(Paragraph 2.24)

We recommend that section 13(3) be amended to reflect the fact that "any continuous period of twelve months" means the twelve months immediately prior to the application for a licence and not any period of twelve months.

(Paragraphs 2.26-2.27)

We recommend that a minimum age requirement of 21 years be introduced for taxi and phc drivers.

(Paragraph 2.28)

We recommend that there be a mandatory initial medical for all new applicants; mandatory medical check every 5 years for those 45 and over but under 65; and annual check for those 65 and over, the cost of which to be met by the licensing authority but recoverable through the fees charged under section 12 of the Act.

(Paragraph 2.29)

We recommend that licensing authorities' discretionary powers to require taxi drivers to undertake topographical knowledge testing be extended to phc drivers.

(Paragraphs 2.30-2.31)

We recommend that legislation is introduced to require all taxi and phc drivers to pass a vehicle knowledge test before a licence is granted or renewed.

(Paragraph 2.32)

We recommend that the provisions of section 14 which prohibits certain signs on a phc be repealed and replaced by a similar mandatory condition of licence to allow a licensing authority to deal with any breach as a suspension of licence as opposed to via the courts, although this option would still be available through the general offence provisions at section 7(2).

(Paragraph 2.34)

We recommend that for the avoidance of doubt, and given the changes that have occurred in the way taxi bookings are made and paid for, the Scottish Executive, in conjunction with licensing authorities and the trade, further review the provisions relating to taxi fares at section 17(1) of the 1982 Act to ensure that they are appropriate to modern day needs.

(Paragraphs 2.36-2.37)

We recommend that section 17(2) should be amended to make it clear that the fare scale review should be completed, and not merely commenced, within the 18-month period.

(Paragraph 2.38)

We recommend that the 5-day period prescribed at section 17(5) for licensing authorities to notify interested parties of a review of taxi fares is unnecessarily short and should be extended to 7 days.

(Paragraph 2.39)

We recommend that the drafting of section 18 is reviewed taking into account the various criticisms made in court proceedings.

(Paragraph 2.40)

We recommend that section 18(1) be amended to allow representative bodies, as well as individuals, to submit appeals to the Traffic Commissioner in relation to taxi fare scales set by a licensing authority.

(Paragraph 2.41)

We recommend that in view of the concerns expressed by the trade over the non-payment of fares, and the difficulties in obtaining corroborative evidence for a conviction, that Scottish Ministers at the next review of criminal offence provisions consider the merits of allowing prosecutions for the non-payment of fares to be based on the evidence of a single witness.

(Paragraph 2.50)

We recommend that Scottish Ministers issue guidance to licensing authorities encouraging them to adapt their existing licensing regime to incorporate those vehicles, e.g. limousines, converted fire engines and ambulances etc., which are unregulated but fall within the definition of phcs and that SOLAR be asked to assist the Executive to draw up model conditions for such vehicles for incorporation within the guidance. We further recommend that Scottish Ministers review the position two years after the guidance and model conditions have been issued to determine whether the concerns over unregulated vehicles have been adequately addressed.

(Paragraphs 2.52-2.55)

We recommend that, in view of the difficulties encountered by the trade with the general definition of "public place", a separate definition for taxis and phcs is introduced through consultation with licensing authorities and the trade.

(Paragraph 2.56)

We recommend that given the decrease in these types of activity over the last 20 years, the current mandatory licensing regimes for metal dealers and itinerant metal dealers should be repealed and replaced with optional licensing schemes.

(Paragraphs 4.1 and 4.3)

We recommend that the exemption provisions from any requirement to obtain a licence for a metal dealing business should remain, but that the annual turnover requirement of more than 100,000 should be repealed and that under the proposed optional licensing scheme, individual licensing authorities should be allowed to determine what any amount should be.

(Paragraph 4.2)

While the Task Group noted that the general public were not aware of the difference between street trading and peddling, we did not consider that this interfered with the interface between the two types of licences. However, while strictly outwith our remit, we recommend that Scottish Ministers consider reviewing the Pedlar's Act 1871 with a view to determining whether it remains appropriate to modern day needs. In the interim, the Task Group is content that the exemption for pedlars at Section 39(3)(d) of the 1982 Act remains valid.

(Paragraph 6.4)

We recommend that the Scottish Executive considers improving the definition of 'market operator' to make it clear that car boot sales can be regulated under the provisions and that in the meantime guidance is issued to licensing authorities to clarify that the existing licensing provisions can be used for this purpose.

(Paragraph 7.2)

We recommend that the exemption from the licensing requirement for non-commercial organisations at Section 40(2)(a) should be repealed and that licensing authorities should thereafter consider amending their fee structures to take account of licences issued to charitable organisations.

(Paragraph 7.6)

We recommend that the exemption at Section 41(2)(f) for premises which already hold a liquor licence under the Licensing (Scotland) Act 1976 should be retained, subject to the arrangements proposed in the White Paper on liquor licensing which would allow the nature of this entertainment to be specified being introduced.

(Paragraph 8.2 -8.4)

We recommend that Section 41(2) should be amended so as to remove the exemption for events which are free to enter.

(Paragraph 8.5)

We recommend that, while it would not be practical or appropriate to amalgamate the licensing provisions for public entertainment and indoor sports entertainment, consideration should be given by the Scottish Executive to issuing guidance to clarify the circumstances in which each type of licence is required.

(Paragraph 9.2)

We recommend that the words "meals and refreshments" at Section 42(1) should be replaced with the phrase "food and drink" to ensure that licensing authorities have the power to license any premises selling food or drink at late hours. We further recommend that the Section be renamed "Late Hours Food and Drink Provision".

(Paragraph 10.2)

We recommend that the exemption for liquor licensed premises from the licensing requirement at Section 42(4)(a) is amended so as to exempt only the sale to, and consumption by, the public of food and drink within the premises.

(Paragraph 10.3)

We recommend that, to address the concerns expressed by the police that late hours catering establishments are continuing to take food orders right up to their specified closing time, and thus continuing to serve food beyond their closing time, the conditions of licence should make it clear that the premises should be empty of customers by a specified time.

(Paragraph 10.4)

We recommend that the existing optional licensing regime for window cleaners should remain. However, in order to minimise the administrative burden for the trade, we further recommend that licensing authorities, perhaps via SOLAR, should draw up model conditions of licence with a view to entering into agreements with neighbouring authorities to avoid the need for window cleaners to obtain multiple licences when operating in more that one licensing authority area.

(Paragraphs 11.1-11.6)

We recommend that the right to anonymity for objectors to the granting or renewal of licences for sex shops should be removed.

(Paragraph 12.3)

We recommend that the review of licence fees charged, referred to at 13.6, should extend to sex shops.

(Paragraph 12.5)

We recommend that the recommendations contained at 1.4, 1.7, 13.1, 13.4, 13.5 and 13.7-13.8 should also apply to the equivalent provisions contained at Schedule 2.

(Paragraph 12.6)

We recommend that the legislation is amended to add 'date of birth' and 'place of birth' to the list of details which are mandatory required on a licence application form.

(Paragraph 13.1)

We recommend that the time allowed for making representations in respect of any application for the grant or renewal of a licence should be extended from 21 to 28 days.

(Paragraph 13.3)

We recommend that the period of notice which licensing authorities must give for attendance at a hearing in respect of a licence application should be increased from 7 days to 14 days.

(Paragraph 13.4)

We recommend that the minimum period of notice which must be given before a suspension hearing can take place should be reduced from 21 days to 14 days.

(Paragraph 13.5)

We recommend that a review of all licence fees charged by licensing authorities should be undertaken by SOLAR with a view to guidance being issued in an attempt to reduce the variance in the level of fees charged by different licensing authorities.

(Paragraph 13.6)

We recommend that the timetable for a licensing authority notifying the applicant (and others) of the outcome of a decision, for interested parties obtaining reasons for that decision and for any appeal to a sheriff should be revised slightly. A licensing authority should continue to be required to notify an applicant (and others) within 7 days of any decision taken on whether to grant or renew a licence. Thereafter, the applicant should have 21 days from the date of the decision to request reasons from the licensing authority, and the licensing authority should have 10 days to comply with this request. The applicant should continue to have 28 days from the date of the decision to lodge an appeal with the Sheriff, subject to any discretion to hear appeals outwith this period.

(Paragraphs 13.7-13.8)

We recommend that the Act be amended to allow licensing authorities to consider licence renewal applications received after the expiry date as renewals rather than treating them as applications for a new licence for up to 28 days after the expiry of the previous licence, subject to them being satisfied that due cause for the lateness has been shown.

(Paragraph 13.12)

We recommend that, in view of our conclusion that a new registration or licensing scheme for one-day sales is not appropriate, the Scottish Executive should make representations to the Department of Trade and Industry, outlining their concerns about the lack of protection currently afforded to consumers at one-day sales with a view to action being taken to address this.

(Paragraph 14.2)

While the Task Group concluded that a licensing scheme is required to regulate car and motor auctions, because this issue is considered to be reserved to the Westminster Parliament, we recommend that the Scottish Executive submit representations to the Department of Trade and Industry outlining their concerns and suggesting that consideration be given to the introduction of such a scheme.

(Paragraphs 14.3-14.4)

We recommend that action is taken to improve the regulation of lap dancing clubs. However, we consider that it would more appropriately be addressed through the proposed revised liquor licensing provisions, as opposed to via the 1982 Act.

(Paragraphs 15.1-15.5)

We recommend that a statutory obligation should be placed upon licensing authorities to ensure that any licensing requirements they have in place are adequately enforced.

(Paragraphs 16.3-16.5)

We recommend that a local authority civic government licensing enforcement network be established through SOLAR to assist licensing authorities in developing their enforcement strategies.

(Paragraph 16.6)