Technical Notes 2022, Issue 98 - Taxi Fares Review

1. The purpose of this Technical Note is to advise Members of an approach by the Taxi Owners Association (TOA) to undertake a review of taxi fares applicable within East Dunbartonshire. 

2. Members may be aware that the Council, as Licensing Authority, is required to fix a table of fees setting out the maximum fares and all other charges which can be made in connection with the hire of a taxi in its area (“the scales”).  In addition, the Council is required to conduct a regular review of the scales. 

3. An approach has been received from TOA, asking that the Council commence a review of the scales.  The Council is required to review scales on a regular basis and the previous review should have taken place during the pandemic, however was postponed as a consequence.

4. The previous statutory review process concluded in 2019 and did not result in an increase.  The scales currently in force were set in 2016. 

5. The approach from TOA included a request as to whether there is scope for an emergency increase in fares and charges due to the impact of the Covid-19 pandemic and rising fuel costs.  There is no provision in the Civic Government (Scotland) Act 1982 which would allow for an emergency or temporary variation to the scales. 

6. In light of the above, the current pressures arising from increased fuel costs and the wider cost of living crisis, it is proposed to commence a review and to progress it as quickly as the statutory provisions will allow.  The following steps will be undertaken in line with the statutory process for review.

7. There will be an initial period of consultation undertaken with the taxi trade, including representatives of the trade.  This is not a period of public consultation, and the purpose of it is to allow the members of the trade to propose fares and charges to the Licensing Authority.  There is no fixed period prescribed in the legislation for the initial consultation.  It is proposed that a period of approximately 5 weeks is allowed for this, commencing on 24th June 2022 and ending on 1st August 2022.  It is acknowledged that the taxi trade may request that this period is extended and, in that event, the timescales outlined below will be adjusted accordingly.

8. This initial consultation with the wider trade will be conducted by email etc using the contact details available to the Litigation & Licensing Team.  If there is demand from the trade, then a virtual consultation meeting will be arranged.

9. Following this initial consultation, officers will review the existing scales in light of the feedback from the trade and other relevant information, and will submit a report to the Policy & Resources Committee on 25th August, assuming there is no request to extend the engagement with the trade.  The report will update Members on the initial consultation and set out options for proposed new scales. 

10. Once the proposed new scales have been decided upon by Members, there will be a period of public consultation.  Subject to the views of Members, the proposed consultation period is one month (which is the statutory minimum period).  During the public consultation period the following information will be published in local newspapers and on the Council’s website:

• the proposed scales;
• the effect of the proposed new scales;
• the date when the proposed new scales will come in to effect; and
•  and the date by which any person may make representations in writing.     

11. The outcome of the public consultation will be reported to the Policy & Resources Committee in October.  This is a very ambitious timetable but should be achievable.

12.  The report will detail the responses to the public consultation.  Subject to the decision of the Committee, Officers will notify all taxi operators in the area and those persons consulted during the initial consultation period of the new scales and of the right to appeal to the Traffic Commissioner.  It is anticipated that the new scales could come into force on 1st December. 

13.  A copy of the existing scales is attached to this Note for information (Appendix 1)