A REPORT BY THE TASK GROUP SET UP TO REVIEW THE LICENSING PROVISIONS CONTAINED IN THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982
11. SECTION 43 - WINDOW CLEANERS
This part of the Act provides licensing authorities with an optional power to license window cleaners and their employees.
11.1 The Task Group were aware that the trade had over the years complained about the level of bureaucracy associated with the window cleaners licensing regime, particularly with regard to such businesses who wished to trade in different local authority areas where separate licences are required. Another grievance of the trade related to the variance in the cost of licence fees between authorities which they find difficult to comprehend when the licensing costs are very similar.
11.2 Our initial view on this was that the current licensing regime is indeed overly bureaucratic and as such places an undue burden on the trade, particularly those who wish to work in more than one local authority area. In this regard, the wide variation in licensing fees between authorities does not appear to be justified and reinforces the Task Group's view that a review is required to be undertaken and guidance issued to local authorities ( see paragraph 13.6). While the Task Group were neutral at the outset as to whether there was a continuing requirement for window cleaners to be licensed, we were of the view that if it is to retained in whatever format, a degree of relaxation is required to reduce the burden on the trade.
11.3 In our consultation paper we asked whether there was a case for deregulation. The vast majority of respondents favoured the retention of the existing optional scheme, citing grounds of public safety and crime prevention. The point was made that the very nature of window cleaners' work provided them with a greater opportunity than other trades to assess the security of a property and the valuables contained therein and therefore licensing authorities should retain the power to license window cleaners if they considered it was appropriate to do so. It should be made clear though that there was no inference by respondents of any criminal activity by window cleaners rather, that given the access which they have to property, that proper regulatory safeguards, providing by the licensing framework in the 1982 Act, needed to be retained to protect both the trade itself and property holders. In view of the overwhelming support for the retention of the existing licensing schemes and taking into account the arguments put forward in relation to public safety and crime prevention, the Task Group considered that the existing optional licensing arrangements should remain in place.
11.4 With a view to assessing how the existing arrangements could be relaxed, the Task Group also sought views on the proposal that a single national licence, with uniform conditions should be introduced. Such a licence could be obtained from any licensing authority that requires a licence for window cleaners and would be valid throughout Scotland. However there was no real consensus among respondents on this. Respondents who represented the trade were in favour of introducing such a scheme, as were a number of licensing authorities. The main argument advanced in favour of such a scheme was a reduction in the cost burdens placed on the trade. Window cleaners wishing to operate in different local authority areas require multiple licences to do so.
11.5 A more or less equal number of respondents were opposed to the introduction of such a scheme. They were concerned that under a national licensing scheme, it would be considerably more difficult to determine whether someone operating as a window cleaner was actually licensed, e.g. how would a "non-issuing" licensing authority know if a window cleaner operating in its area was licensed; had the licence been suspended etc. The Task Group, while appreciating this concern, considered that this would be addressed to some degree if the recommendation for such individuals to carry a licence/identification badge on their person ( see paragraph 1.6) is accepted and implemented. We did however recognise that individual licensing authorities and police forces had legitimate concerns over their right to be aware of precisely who are operating as window cleaners in their area, which would no longer be the case if a national scheme was introduced. ACPOS also took the view that window cleaners should be licensed by their 'home' licensing authority.
11.6 The arguments both for and against the introduction of a single national licensing scheme for window cleaners was finely balanced. Respondents to the consultation paper were evenly split on whether they supported the introduction of such a scheme, and sound arguments were put forward both in favour of and against its introduction. We are of the view that, while there is not a compelling case for a national licence, given the need to reduce bureaucracy and cost burdens on the trade, efforts should be made in an attempt to simplify the existing arrangements and to that end we concluded that steps should be taken to draw up model conditions of licence. In addition to assisting window cleaners operating in different local authority areas, this would provide opportunities for licensing authorities to consider facilitating local arrangements with neighbouring authorities (under the provisions at section 9(3)) which could obviate the need for multiple licensing and thus reduce the burden on the Trade.
Recommendation
The Task Group recommend that the existing optional licensing provisions for window cleaners should remain. However, in order to minimise the burden of the Trade, we further recommend that model conditions of licence should be drawn up, perhaps by SOLAR, to enable licensing authorities to consider the merits of entering into agreements with neighbouring authorities to avoid the need for window cleaners to have to obtain multiple licences when operating in more than one licensing authority area.