Opinion Continued from page 13
2009 No. 145 LICENCES AND LICENSING
The Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 Made 2nd April 2009 Coming into force 3rd April 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section 44(1 )(b) and (2) of the Civic Government (Scotland) Act 1982 and all other powers enabling them to do so. In accordance with section 44(3) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation 1. — (1) This Order may be cited as the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 and comes into force on the day after the day on which it is made. (2) In this Order-
“the Act” means the Civic Government (Scotland) Act 1982; “relevant premises” means the premises in relation to which a licence has been granted by virtue of article 2; and
“relevant vehicle” means a vehicle in relation to which a taxi licence or private hire car licence has been granted in terms of section 10 of the Act and that licence is in effect.
Licensing of booking offices
2.— (1) The activity specified in paragraph (2) is designated as an activity for which a licence under Part I
of the Act shall be required, but no such licence shall be required- (a) in respect of the carrying on of that activity before 16th November 2009; or
(b) where the number of relevant vehicles in respect of which bookings are taken does not at any time exceed 3.
(2) The activity referred to in paragraph (1) is the use of premises for the carrying on of a business which consists to any extent of the taking of bookings, by any means of communication, from members of the public for the hire of a relevant vehicle.
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Application of Part I of the Act 3. Part I of the Act shall have effect, subject to the modifications specified in the Schedule, for the purposes of the licensing of the activity designat- ed by article 2.
Transitional provision
4.— (1) A person who on or after 16th November 2009 carries on the activ- ity designated by article 2 without a licence under Part I of the Act shall not be guilty of an offence under section 7(1) of the Act if- (a) that person made an application to the licensing authority before that date for the grant of a licence under Part I of the Act in respect of the activity being carried on by the person; and that application has not yet been finally determined.
(2) For the purposes of paragraph (l)(b), an application is finally deter- mined-
(a) when it is withdrawn by the applicant;
(b) when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of Schedule 1 to the Act expires without an appeal against the refusal being made to the sheriff; or
(c) in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of.
(3) For the purposes of paragraph (2)(c), an appeal is disposed of- (a) when it is abandoned by the appellant; or (b) when a decision on it is made by the sheriff or a higher court and any period for making a subsequent appeal to a higher court expires with- out such a subsequent appeal being made.
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EXPLANATORY NOTE (This note is not part of the Order)
This Order designates the use of premises for the carrying on of a busi- ness, part of which consists of taking bookings from members of the public for the hire of taxis or private hire cars, as an activity for which a licence is required under the Civic Government (Scotland) Act 1982 (‘the Act”)(article 2). The licensing regime does not apply if the number of vehi- cles for which bookings are taken is less than 4. The licensing provisions in Part I of the Act (including Schedule 1) will apply to such licences with the modifications set out in the Schedule to the Order-
(a) granting a power to search unlicensed premises to authorised officers of the licensing authority (paragraph 2);
(b) attaching certain mandatory conditions to the grant or renewal of licences relating to records of bookings taken (paragraph 3); and
(c) providing additional definitions in Schedule 1 to the Act (paragraph 5). The Order requires the designated activity to be licensed from 16th November 2009 but transitional provision is made where an application is made before that date for the grant of an appropriate licence (article 4). In such a case, the activity may be carried on (without a licence) until the licensing authority has made a decision on the licence and, where a deci- sion to refuse an application is then appealed, until that appeal has been disposed of.
A regulatory impact assessment has been prepared in respect of this Order. A copy of it can be obtained from the Scottish Government Trans- port Directorate, Victoria Quay, Edinburgh, EH6 6QQ. A copy has also been published on the Scottish Executive web site at
www.scotland.gov.uk
PHTM OCTOBER 2009
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