This item was published during the term of a previous administration that ended in April 2007
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Executive response to report on licensing
02/08/2005
The Executive today responded to the recommendations
contained in the independent Task Group Report which
reviewed the licensing provisions contained in the Civic
Government (Scotland) Act 1982.
The report, published in December 2004, recommended a
number of amendments to the licensing provisions for a
range of activities covered by the Act, including taxis and
private hire cars, market operators, public entertainment
and late hours catering establishments.
Tom McCabe, Minister for Finance and Public Service
Reform, said:
"We agree in principle with the broad thrust of the
Group's recommendations. It is important to emphasise that
action has already been taken on a number of the
recommendations.
"For example, the recommendations relating to taxis and
private hire cars are being considered by a Progress Group
consisting of representatives of the various interested
parties. The issue of lap dancing clubs is being addressed
through the Licensing (Scotland) Bill and the establishment
of a working group on adult entertainment.
"However, implementation of many of the recommendation
will require primary legislation and the Executive is not
in a position to introduce a Civic Government Bill in this
Parliament. It will be for a new administration, following
the 2007 elections, to determine the legislative priority
given to such a Bill."
The Civic Government (Scotland) Act 1982 provides a
framework for local authorities to license taxis and
private hire cars, second-hand dealers, metal dealers, boat
hire operators, street traders, market operators, places of
public entertainment, indoor sports entertainment, late
hours catering, window cleaners and sex shops.
The remit of the Task Group was to "re-examine the
principles and mechanisms of licensing as they are set out
in the 1982 Act and, having done so, review the existing
provisions and any proposals for change submitted to the
Executive."
In addition, the Group was required to consider whether
any other activities required to be regulated. Ministers
subsequently extended the remit of the Group to consider
and report back on whether there was a need to provide a
licensing regime for table and lap dancing
establishments.
The Task Group submitted its
final report to
Ministers on December 20, 2004.
As well as the work being undertaken on taxis and
private hire cars and adult entertainment, the Executive
has made progress in a number of other areas,
including:
• Writing to the Society of Local Authority Lawyers and
Administrators in Scotland (SOLAR) with a view to seeking
their assistance in taking forward the recommendations
relating to guidance on the setting of fees, model
conditions for window cleaners and unregulated vehicles
that fall within the definition of private hire car and,
the establishment of an enforcement network
• Sending letters to the appropriate Westminster
Departments in relation to the Task Group's concerns over
consumer protection at one-day sales and the need for a
licensing regime for car and motor auctions, both of which
are reserved subject matters
• Preparing further guidance to local authorities to
address a number of issues which the Task Group brought to
the Executive's attention in its report that do not require
legislation