Services
- Licences for businesses
- Employment byelaws for children and young people
- Licence - Knife Dealer
- Licences window cleaners - business
- Licences - Booking Offices
- Licences - Hackney carriage (taxi)
- Licences - Hackney carriage (taxi) driver
- Licences - Hire Car Enforcement
- Licences - credit provider
- Licences - door-to-door metal dealers
- Licences - markets
- Licences - private hire driver
- Licences - private hire vehicle operator
- Licences - second hand goods
- Licences - skin piercing
- Licences - storage of petroleum
- Licences - street trading
- Scrap metal dealer- site licences
- Storage of explosives - premises licence
Licences - Hire Car Enforcement
ENFORCEMENT OF THE HIRE CAR SYSTEM
Enforcement of the hire car system is currently undertaken by the Taxi Examination Centre (TEC), Lothian and Borders Police and the Licensing Standards Officers (LSOs). In addition, assistance is given from time to time by local Roads Policing officers. The TEC carry out regular unannounced enforcement visits to West Lothian sometimes during office hours but more often at busy weekend periods. Vehicles are examined at taxi ranks and places where private hire cars are known to congregate. Any vehicles found to be unsafe are issued with red stickers preventing them from being used as hire cars until the defect(s) have been rectified to the satisfaction of the TEC. Vehicles with minor defects are permitted to continue working but are issued with documentation requiring the defects to be rectified and the vehicle presented to the TEC within a certain period.
In addition, all complaints regarding licence holders which are received in writing are referred to the TEC for investigation.
Warning letters
Over the last two years enforcement has increased and this lead to a resultant increase in the numbers of licence holders being reported to the Licensing Committee. Following this a system of warning letters was introduced by the Chief Solicitor in January 2010.
If there is sufficient evidence against them licence holders reported for minor breaches of their licensing conditions may now be issued with a warning letter from the Chief Solicitor instead of being reported to committee. If the licence holder disputes the factual circumstances referred to in the warning letter he has opportunity to request a hearing before committee. Only one warning letter is ever issued to a particular licence holder and any future breaches would result in a report to committee which makes reference to the earlier warning.
Serious breaches of licensing conditions or the criminal law are not dealt with by a warning letter and licence holders alleged to have committed such breaches will be reported straight to the Licensing Committee.
Warning letters have been issued for the following reasons
- Private Hire Cars parked in public places (if not waiting for a pre booked hire)
- Drivers smoking within vehicles
- Vehicle defects such as bald tyres and defective lights
- Taxis parking adjacent to a full taxi rank
- Failing to carry insurance/ID badge
- Inappropriate conduct by drivers
Licensing Committee
The Licensing Committee has power to suspend both vehicle and driver's licences in a number of circumstances including; breach of licensing conditions; if the licence holders conduct demonstrates that he is no longer a fit and proper person to hold a licence; where the licence holders licensed activity has caused or is causing a threat to public order or public safety.
Suspensions may be imposed following a committee hearing for the unexpired portion of the licence or such shorter period as the Committee deems appropriate. Information regarding committee hearings is available from Committee Services on 01506 281621.
The Committee has power to order that some suspensions will take effect immediately. Otherwise the licence holder has a right of appeal to the Sheriff Court within 28 days and, if an appeal is lodged within that period, the suspension does not take effect until the appeal has been determined.
Over the last three years licences have been suspended in the following circumstances
- failed driver medial (suspended until certified fit to drive)
- failure to attend a driver medical (suspended until certified fit to drive)
- using an unlicensed vehicle (suspended for the unexpired portion)
- refusal to carry a passenger with a guide dog (6 month suspension)
- smoking within a hire car following a previous warning (one month suspension)
- smoking in a hire car (1 week suspension)
- failure to intimate convictions (various periods)
- operating a vehicle with multiple defects
- failing to report convictions 11 suspension
- allegations regarding serious criminal offences (suspension for the remainder of licence)
- taxis ranking adjacent to a full rank (one week suspension)
- failure to disclose convictions (immediate suspension for remainder of licence)
- inappropriate behaviour whilst carrying a passenger (3 month suspension)
- PHC undertaking an unbooked hire (1 week suspension)
- operating a PHC with multiple defects (3 month suspension)
Updated: 19/10/11
