Chapter 1 - SCOPE OF BEST PRACTICE
1.1. This best practice document does not seek to address the whole range of possible licensing requirements but focuses primarily on those issues that have caused difficulty in the past or have been highlighted as being of particular significance. That said, it is an evolving document and will be subject to periodic amendment to reflect changing and developing policy and concerns. We will inform licensing authorities when it is amended.
1.2. This best practice references a number of matters for which legislative responsibility is reserved to the UK Government. We have advised within the document as to where the (UK) Department for Transport specific best practice can be found.
1.3. Whilst seeking to promote best practice in relation to quality and safety we do not set out to offer interpretation of the legislation governing taxi and private hire car licensing. This is a matter for licensing authorities and the Courts. Licensing authorities will appreciate, therefore, that it is for them to seek their own legal advice as appropriate in regard to the exercise of their licensing powers.
1.4. As well as referring to this document and the governing legislation (Civic Government (Scotland) Act 1982), local licensing authorities should make use of the information in the Scottish Development Department Circular 25/1986. Authorities will also be aware of more general duties they have under the Data Protection Act 1998 when they are handling personal information.
Email: Joanna Mackenzie