Taxi operators Guidance Booklet This booklet is for guidance only. Please get your own legal advice before applying for your taxi operator’s licence. What is a taxi? A taxi is a vehicle licensed by South Lanarkshire Council. It is different from a private-hire car in that a taxi driver can pick passengers up from the streets and can wait in public places to be hired. Only a taxi can wait for hire in a public place for a journey beginning there and then. Only a taxi (not a private-hire vehicle) can be signalled to stop by a member of the public in the street, at a station, outside a hotel, or indeed at any place which would be considered to be a public place. Guidance Booklet Are there any restrictions on the number of taxi licences granted? Yes. In Hamilton, East Kilbride, Strathaven and Rutherglen and Cambuslang there is a limit on the number of taxi licences granted. You should check with the appropriate local office as to what that limit is and whether or not it has been reached. In the Clydesdale zone there is currently no limit on the number of taxi licences. Licensing and Registration Section What is a zone? South Lanarkshire’s area is divided into five zones for the purpose of taxi licensing. These are: East Kilbride; Strathaven; Rutherglen and Cambuslang; Hamilton; and Clydesdale. Even though there is a limit, can I still apply? Yes, but you should bear in mind that one of the reasons for refusing a licence is as follows, ‘the grant of a taxi licence may be refused by a licensing authority for the purpose of limiting the number of taxis in respect of which licences are granted by them if, but only if they are satisfied that there is no significant demand for the services of taxis in the area which is unmet’. (Civic Government (Scotland) Act 1982) When do I not need to have a taxi operator’s licence? It is not necessary to be licensed while the vehicle is being used in connection with a funeral or a wedding. A licence is not needed for any vehicle while it is being used for carrying passengers under a contract for its exclusive hire (that is, a hire which is booked for at least 24 hours). Is there any other information I need to provide with my application form? You will have to confirm that you have the right to work in the UK and provide details of your National Insurance number (for example your wage slip or P60). You will also need to provide a form of identification with your name and address on it, for example, a utility bill or bank statement. Do I need to tell you on my application form about convictions over five years old? Not normally but you must be careful that the date of conviction is more than five years ago and did not involve a prison sentence. Guidance Booklet If the conviction involved: a prison sentence which lasted for less than six months, you must tell us about it unless the date of conviction is more than seven years ago; a prison sentence of more than six months but less than 30 months, you only need to tell us about it if the conviction happened less than 10 years ago; or a prison sentence of more than 30 months, you must always tell us about it. However, you must be careful that you look at the date of the conviction and not the date the offence took place. If you are in any doubt, contact your solicitor for advice. You must tell us about all convictions, including motoring offences, less than five years old. If you do not tell us about a conviction we need to know about on the application form, Strathclyde Police could charge you under the Civic Government (Scotland) Act 1982. Licensing and Registration Section What happens to my application form when I apply for my licence? When your local office receives your application for a taxi licence, we will send a copy to Strathclyde Police who will then give us any comments or objections they have. We will also send details of your application to our Benefits and Revenue section for their information. Can I work as a taxi operator before my application is granted? No, you cannot work as a taxi operator until we issue your licence. Can anyone object to my application? Once you have sent us your application, there is a 28-day objection period during which anyone who wants to object to your application can contact us. What happens next? After the 28-day objection period, we examine your application and any comments or objections and make a decision as to whether the application needs to be put before the appropriate committee or dealt with under delegated powers (that is, powers given to officers in consultation with the chair or depute chair of the Licensing Committee). You will have had the opportunity to comment in writing on any comments or objections we have received. Normally if the application is to operate in one of the zones, with a limit placed on the number of taxis, the application will be dealt with by the Licensing Committee. The committee can either deal with your application using written statements or decide to call you in for a hearing. There is a separate guidance booklet which tells you about hearings. What is a hearing? If we receive any comments or objections, we may call the people who made them to a hearing to discuss these. We will also ask you to support your application and answer any comments or objections raised. At this stage, the committee members may want to ask you, or the people who made the objections, a number of questions. If you want, a solicitor or other representative may represent you at the hearing. (Remember that only one representative can speak on your behalf.) When will you tell me the outcome? We will tell you and all other relevant people (for example, the police or anyone who made an objection) our decision within 24 hours of making it. However, if you go to the hearing, you will usually be told the decision there and then. Guidance Booklet Will you tell the Benefits and Revenue Section that I have been granted a licence? Yes, we will tell the Benefits and Revenue Section when you collect your taxi operator’s licence from the local office. If you give up or hand in your licence for safe keeping, we will tell the Benefits and Revenue Section. What happens if my application is refused? If we refuse your application, you may write to your local office asking for reasons for the decision. We have 10 days from the date of receiving your request to respond. You will have to ask for the reasons within 21 days of the date of the decision to refuse your application. You also have a right to appeal to the sheriff within the 28-day period. If we refuse your application, you should contact your solicitor if you have not already done so. Licensing and Registration Section If my application is refused or withdrawn, will I get my money back? No. The fee you send is an application fee and we will not refund it if your application is withdrawn or refused, or indeed if it is granted and for any reason you cannot operate. When can I apply again if my application is refused? If we have refused your application, you cannot apply again for one year from the date of refusal, unless there is a significant change in your circumstances. If you feel this is the case, please contact your local office who will be happy to help. What happens if my application is granted? If we grant your application, we do so on condition that you have your vehicle inspected and passed by fleet services and put on the road as a taxi within 28 days of the date of us granting the licence. Also, if we grant your application and there were objections to the application, we will not issue your licence until the end of the 28-day period that objectors have to appeal. In all other cases we will issue the licence as soon as possible after the decision is made. Do I need to fit a meter in my taxi? Yes. Do I have to use the fare system set by the council? You cannot charge more than the fares we have set. Are there any restrictions on the type of vehicles used as a taxi? Yes. Each office has a list of approved vehicles. This list is a working document for office use only but can be inspected at your local office. You cannot put a vehicle on the road as a taxi if it is more than five years old (unless it is purposebuilt in which case it is seven years). Cars which are over five years old and which are already licensed will have to have a full inspection every year and a six-monthly inspection. The upper age limit for any licensed saloon-type taxi is 10 years but purpose-built vehicles have no upper age limit. What do fleet services issue once my vehicle has been inspected? Guidance Booklet If your vehicle passes the annual inspection, fleet services will issue you with a ‘certificate of compliance’ which is valid for one year. What happens if I sell my vehicle? If you sell your vehicle, the certificate of compliance is still valid until its expiry date as long as it is taken over by another South Lanarkshire taxi or private-hire car operator. Licensing and Registration Section How long will my licence last? We normally grant licences for three years. However, we can grant the licence for a shorter period (for example, if we are concerned about the number, nature or type of your previous convictions). Once you receive your licence, you must check the expiry date on it. You must send an application form to renew your licence to your local office before your current licence runs out. If you cannot do this because you have a very good reason, for example, a serious illness, and you apply to renew your licence within 28 days from the date of your old licence ending, if we accept the reason for the late application, you will be able to continue to operate until we deal with your application for renewal. If we do not accept your reason or you do not make your application for renewal before the end of your current licence, you will have to apply for a new licence. You will not be able to operate until we grant the new licence. Can I work from a base anywhere in South Lanarkshire? No. You can only work from a base in the particular zone which you are licensed for. If I am no longer working do I need to give up my licence? You would have two options. You could either give up your licence or give your licence to your local office for safe keeping. What happens if I give up my licence? If you give up your licence, you must return your taxi plates, door stickers and licence. You will then be entitled to a refund for the deposit paid on your plates. If you decide you would like to become a taxi operator in the future, you will need to apply for a new licence. What happens if I put my licence in for safe keeping? You can put your licence in for safe keeping for up to three months from the last date on which the vehicle was used. (For example, if your vehicle was involved in a car crash, you would put it in from the date the vehicle was involved in the accident.) If you put your licence in for safe keeping, you can take it back at any time within the three-month period. Am I allowed to advertise on the vehicle? You can advertise on the back window of the vehicle. The content will be restricted to the name (or part of the name) and phone number of a taxi operator or firm. Guidance Booklet The word ‘taxi’ should appear on the sticker. There should be no reference to words such as ‘private hire’ or any other word which we consider inappropriate. We need to approve the sticker before you put it on the vehicle. The sticker must not interfere with the driver’s ability to see out of the back window. One display only is allowed on each vehicle. Please check with your local office about sizes. You can also advertise on the body of the vehicle (two of the side doors must have the South Lanarkshire taxi door stickers on them). You must not advertise cigarettes, alcohol or sex, and all of this must be approved by the licensing and registration manager in consultation with the chair and depute chair of the Licensing Committee before being put on the vehicle. Licensing and Registration Section Are there any particular conditions that would be attached to my licence? We will issue a copy of the standard conditions with your application form, but the Licensing Committee may attach other conditions. You can also find a copy of the standard licensing conditions on our website at www.southlanarkshire.gov.uk Can I apply by email? Yes, you can apply by email as long as the appropriate office receives the fee and any supporting documents within 48 hours of receiving your email. Our email address is [email protected]. Where do I apply? Guidance Booklet You can apply at any of the following offices. East Kilbride Rutherglen South Lanarkshire Council Civic Centre Andrew Street East Kilbride G74 1AB South Lanarkshire Council Rutherglen Town Hall 139 Main Street Rutherglen G73 2JJ Phone: 08457 406080 Fax: 01355 248847 Phone: 08457 406080 Fax: 0141 613 5734 Hamilton Fleet Services South Lanarkshire Council Town House 102 Cadzow Street Hamilton ML3 6HH Forrest Street Blantyre G72 0JP Phone: 08457 406080 Fax: 01698 452195 Lanark South Lanarkshire Council South Vennel Lanark ML11 7JT Phone: 08457 406080 Fax: 01555 673262 Licensing and Registration Section Phone: 01698 717728 Fax: 01698 717730 Summary of responsibilities Here is a short summary of some of your responsibilities as a taxi operator. Your full responsibilities are set out in the conditions of licence. Make sure the licence is renewed on time. Make sure the vehicle is clean and in a roadworthy condition. Make sure you always have a valid insurance certificate for the vehicle. Tell your local office about any convictions during the life of the licence. Tell your local office about a change in drivers. Contact your local office immediately after an accident. Comments and suggestions As part of our ongoing commitment to customer service, we are always interested to have your comments and suggestions on any part of our service to you. We would be delighted to have these comments in any of the following ways. In person at any of our offices By letter to Freepost RRBJ-GXHX-JJEC, Licensing and Registration Office, 102 Cadzow Street, Hamilton ML3 6HH By e-mail to [email protected] By phone on 08457 406080 On customer comments and suggestion cards, which you can get from any of our local offices At focus groups Focus group Our focus group is made up of representatives from the taxi trade, representatives from local disability groups, council officials, councillors and the police. Items discussed include how we can improve our service to our customers. The group normally meets every three months. If you would be interested in joining us, please contact your local office. Newsletters We produce a newsletter for all taxi and private-hire car operators and drivers. If you have any information that you feel would interest your colleagues, please let us know. We will consider including this in our next edition. Scottish public services – the Ombudsman Guidance Booklet The Ombudsman looks into complaints about public organisations and others providing public services, including local government. The Scottish Public Service Ombudsman can consider complaints about poor service, failing to provide a service and where procedures have gone wrong. The Ombudsman cannot look into our decision or deal with any complaint which could be taken to a court or an independent tribunal. Licensing and Registration Section Before contacting the Ombudsman, you should complain to us first. You must do this before the Scottish Public Services Ombudsman can consider your complaint. If you want to complain about our service, you can do so: in person at any council office; by phoning any council office; by email to [email protected]; or in writing using one of our comments and complaints cards or by sending a letter to Freepost RRBJ-GXHX-JJEC, Licensing and Registration Office, 102 Cadzow Street, Hamilton, ML3 6HH (you do not need a stamp). To complain to the Ombudsman, you should put your complaint in writing to: Scottish Public Services Ombudsman Freepost EH641 Edinburgh EH3 0BR. We hope you have found this booklet useful. If you need any more information or help, please contact your local office. Or, you may want to visit our website at www.southlanarkshire.gov.uk. Customer feedback on information booklets As part of our ongoing customer care programme, we have produced a series of booklets giving information on different aspects of licensing. Your feedback on these booklets is very important to us, so please take a few minutes to fill in this questionnaire. You can complete this Customer feedback questionnaire in Adobe Acrobat and print it out, or print it and complete it by hand, using block capital letters. Return the form to Freepost RRBJ-GXHX-JJEC, Licensing and Registration Office, 102 Cadzow Street, Hamilton, ML3 6HH. (You do not need a stamp.) 1. Which booklet have you used? Guidelines for taxis Guidelines for private-hire cars Guidelines for taxi drivers Guidelines for private-hire car drivers Guidelines for booking offices Guidelines for hearings Guidelines for knife dealers Guidelines for late hours catering Guidelines for objectors (civic) Guidelines for public entertainment Guidelines for second-hand dealers Guidelines for street traders Guidelines for window cleaners 2. Would you say the information contained in the booklet is: too much? just right? too little? 3. If you answered ‘too much’ or ‘too little’ to question 2 above, please say why 4. How helpful did you find the booklet? Very helpful Unhelpful Quite helpful Very unhelpful 5. What do you think of the design of the booklet? Very good Poor Quite good Very poor 6. Please let us know if there was anything you did or did not like about the booklet. If you want to receive more information about our publications, or if you may be interested in taking part in a focus group in the future, give your details below. I am interested in: Publications The focus group Guidance Booklet Name Address Thank you for your feedback. Licensing and Registration Section Finance and Corporate Resources Licensing and Registration Section If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone: 08547 406080 Email: [email protected] www.southlanarkshire.gov.uk Produced for Finance and Corporate Resources by Corporate Communications and Public Affairs. 793/Jan13
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