The Comhairle’s legal services section deals with licensing. Our main functions concerning licensing include:
- the management and administration of the Licensing Board.
- the management and administration of Licensing under the Civic Government (Scotland) Act 1982
Western Isles Licensing Board
Annual Functions Report and Annual Financial Report under the Licensing (Scotland) Act 2005
The Western Isles Licensing Board is required under section 9A of the Licensing (Scotland) Act 2005 to publish an annual functions report and under section 9B of the Licensing (Scotland) Act 2005 to publish an annual financial report, which are available below:
Statement of Licensing Policy for the Licensing (Scotland) Act 2005
Section 6 of the Licensing (Scotland) Act 2005 requires every Licensing Board to publish a regularly updated Statement of Licensing Policy. This Policy is available to view and came into effect in November 2018.
Members of the Western Isles Licensing Board
- Norrie MacDonald(Chairman)
- Paul Francis Steele
- Roddy MacKay
- Iain Murdoch MacLeod
- Paul Anthony Finnegan
- Iain Archie MacNeil
- Finlay MacKenzie Stewart
- John Norman MacLeod
- Iain M MacAulay
- Calum MacLean
Civic Government Licensing
The Civic Government (Scotland) Act 1982 makes provision for the licensing and regulation of certain activities. Licences are issued and enforced for a wide range of functions, for example; Taxi/ Private Hire Car Operator’s Licences; Taxi/ Private Hire Car Driver Licences; Public Entertainment Licences; Public Charitable Collections and Cinema Licences.
Taxi and Private Hire Car (Coronavirus) (Restrictions) Information
As at today (02/04/20), there is no legal reason why taxis and PHCs should not continue to operate, although the health advice which applies generally applies here too. The words "As at today" are important. You will appreciate that the situation changes frequently.
Do not rely on the guidance given by the United Kingdom Government where this is not the same as advice from the Scottish Government.
The advice from CNES regarding Taxis and Private Hire Cars is to follow the restrictions under the new legislation The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020:
Taxis are a listed under Part 3 of Schedule 1 therefore subject to the following restrictions under reg 4(1)
A person who is responsible for carrying on a business or providing a service listed in Part 3 of schedule 1 must, during the emergency period -
- (a) take all reasonable measures to ensure that a distance of two metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
- (b) take all reasonable measures to ensure that it only admits people to its premises in sufficiently small numbers to make it possible to maintain that distance,
- (c) take all reasonable measures to ensure that a distance of two metres is maintained between any person waiting to enter its premises (except between two members of the same household, or a carer and the person assisted by the carer).
Taxis are a specific service mentioned in the above legislation for controlling the impact of Coronavirus.
It is accepted that the majority of vehicles used for taxis cannot maintain a distance of two metres between occupants therefore operators should take all reasonable measures to distance themselves from passengers, including only allowing passengers in the rear seats. Operators should only carry
- one person OR
- two members of same household OR
- a carer and the person assisted by the carer
Operators may consider other temporary adaptations to their vehicles to enhance separation (i.e. plastic screening between the front and rear seats where practicable).
Operators are also recommended to:
- Carry hand sanitiser, sanitising wipes, tissues and plastic waste bags for used tissues/wipes
- Regularly wash hands with soap and water or hand sanitiser for at least 20 seconds
- ask the nature of the journey before agreeing to a hire and ensure passengers are undertaking essential travel only.
- consider advising those customers only requiring a lift to pick up shopping or prescriptions to contact their Local Support Services in the first instance, especially if they are aware they are in a vulnerable group.
- try and avoid handling cash if other payment options are available.
- only handle luggage where the passenger is physically not able to do so.
- Sanitise door handles and any other hand contact surfaces used by customers after each hire
Taxi Fares Review
The current Taxi Fares Review will be completed in the near future, once the Coronavirus crisis is over.
Any applications should be sent to email@example.com
or addressed to:
Comhairle nan Eilean Siar
Isle of Lewis