DATA LABEL: PUBLIC COUNCIL EXECUTIVE TAXI STANCES REPORT BY HEAD OF CORPORATE SERVICES A. PURPOSE OF REPORT To provide the Council Executive with an update on the proposals to designate a number of taxi stances and remove a stance which is no longer and to consider what action should now be taken regarding the proposals. B. RECOMMENDATION That the Council Executive approves: 1. The designation of the taxi stances referred to in the advertisement contained in Appendix 1 of this report and the removal of the larger of the two stances at West Main Street, Broxburn referred to therein and shown in Appendix 6 of this report; and 2. The initiation of statutory procedures to introduce a weekday day-time loading bay (6am-6pm, Mon-Fri) at the location of the taxi rank in High Street, Linlithgow. 3. The initiation of statutory procedures to amend the existing traffic regulation orders for Broxburn, Livingston and Linlithgow to prohibit waiting by vehicles other than taxis in designated taxi ranks. C. SUMMARY OF IMPLICATIONS I Council Values Focusing on our customers' needs Being honest open and accountable Working in partnership II Policy and Legal (including Section 19 of the Civic Government (Scotland) Strategic Environmental 1982 Assessment, Equality Issues, Health or Risk Assessment) III Implications for Scheme of None Delegations to Officers IV Impact on performance and None performance Indicators V Relevance to Single None Outcome Agreement 1 VI Resources - (Financial, Financial - The cost of advertising the proposal Staffing and Property) to designate stances was £642.34. Signs and markings are estimated to cost £200-£300 per stance. The cost of advertising the required road order for all stances is estimated at around £1,200. Signage costs are to be met from Transportation’s budget and the cost of advertising by Legal Services. Staffing – none Property - none VII Consideration at PDSP Environment PDSP 25 August 2011 Environment PDSP 22 March 2012 Environment PDSP 21 June 2012 VIII Other consultations Bathgate LAC; Linlithgow LAC; Livingston South LAC; Broxburn, Uphall and Winchburgh LAC; TSWG which includes representatives from the taxi trade, the Council’s Roads Services and Lothian and Borders Police. D. TERMS OF REPORT D.1 Background Following an earlier review of taxi stances within West Lothian various stances were formally designated in 2009. Since then the stances in Bathgate, Linlithgow and Broxburn have been the subject of further discussions and the stance adjacent to the Asda store in Livingston has been extended. Once a stance is formally designated enforcement action may be taken by the Police. Following designation parking of vehicles other than taxis is not permitted and no vehicles other than taxis are permitted to pick up passengers from the stance. In order to formally designate a taxi stance the Council is required to consult with the taxi trade, and then having decided to approve the stance, the Council must then 1. Give notice to the Police; and 2. Place a public advertisement in a local paper giving public notice of their intention, and 3. Take into account any objections or representation received within 28 days of such notice prior to making a final decision. D.2 Advertisement A report was approved by the Council Executive on 7 August 2012 authorising the Chief Solicitor to advertise the Council’s intention to designate a number of taxi stances and the removal of another which is no longer required. The advertisement contained in Appendix 1 of this report was placed in the West Lothian Courier on 30 August 2012. That advertisement contained information that the Council was intending to designate the following taxi stances - 1. Bathgate - King Street for a distance of 22.8 meters and then 30 meters (as shown in Appendix 2) 2. Linlithgow - High Street adjacent to numbers 88-98 for a distance of 11.2 meters 2 (as shown in Appendix 3) – it was proposed that this will be a part time stance operating between the hours of 6pm - 6am Monday to Friday and 24 hours a day on Saturdays and Sundays with the area being used for loading outwith these times 3. Livingston – Almondvale East Road adjacent to the Asda store for a distance of 61.2 meters (as shown in Appendix 4) 4. Broxburn – East Main Street adjacent to the swimming pool for a distance of 10 meters (as shown in Appendix 5) 5. Broxburn – West Main Street, adjacent to number 16 for a distance of 20 meters (as shown in Appendix 6) It was also proposed to revoke the larger of the two stances in West Main Street, Broxburn extending to 37 meters as shown in Appendix 6. In terms of the advertisement representations were to be sent to the Chief Solicitor by 27 September 2012. No representations were received. It is recommended therefore that the Council Executive authorise the formal designation of the stances numbered 1-5 above and the removal of the larger of the two stances in West Main Street Broxburn extending to 37 meters as shown in Appendix 6. The designation of the stances will mean that some minor amendments to existing traffic regulation orders will be required. These amendments are: • To allow the introduction of the day-time loading bay in High Street, Linlithgow; and • To prohibit waiting by any vehicles other than licensed taxis in designated taxi stances in Broxburn, Linlithgow and Livingston The amendments will be advertised and any objections reported back to the Council Executive for a decision. Signs and marking will then be implemented and the stances will become enforceable. E. CONCLUSION A review of taxi stance provision in Bathgate, Broxburn and Linlithgow has been undertaken and the Council’s intention to designate a number of stances and remove one which is no longer required has been advertised in line with the statutory requirements. No representations were received by the Chief Solicitor regarding these proposals within the statutory period. Council Executive approval of the proposals is now required to complete the statutory designation process. Some minor amendments to existing traffic regulations orders are required and the Council Executive is asked to approve the initiation of the statutory procedures to make these amendments. F. BACKGROUND REFERENCES The Civic Government (Scotland) 1982. The report to the Council Executive on 7 August 2012 regarding Taxi Stances. The report to the Broxburn, Uphall and Winchburgh LAC on 7 June 2012 regarding the Provision of Taxi Stances in Broxburn. The report to the Environment PDSP on 22 March 2012 regarding the Provision of Taxi stances in Bathgate, Linlithgow, Broxburn and adjacent to the Asda store in Livingston. The report to the Environment PDSP on 25 August 2011 regarding the Provision of Taxi Stances in Bathgate. 3 The report to the Council Executive on 28 June 2011 regarding Provision of Taxi Stances in Bathgate. The report to the Environment PDSP on 21 June 2011 regarding the Provision of Taxi Stances in Broxburn. The reports to the Bathgate LAC on 28 February, 13 June, 19 September and 19 December 2011 regarding the Provision of Taxi Stances in Bathgate. The reports to the Linlithgow LAC on 6 September 2010, 30 November 2010, 27 September and 20 December 2011 regarding the Provision of Taxi Stances in Linlithgow. The report to the Broxburn, Uphall and Winchburgh LAC on 18 November 2010 regarding the Provision of Taxi Stances in Broxburn. Appendices/Attachments: Appendix 1 – Advertisement dated 30 August 2012 Appendix 2 - Bathgate Taxi Stance Appendix 3 – Linlithgow Taxi Stance Appendix 4 – Asda Taxi Stance Appendix 5 - Taxi Stance on the south side of East Main Street Broxburn Appendix 6 – The current stances on West Main Street Broxburn which accommodate approximately seven and four taxis respectively Contact Person: Audrey Watson, Managing Solicitor, Licensing (01506) 281624 [email protected] Graeme Struthers Head of Corporate Services Date: 13 November 2012 4 Appendix 1 THE WEST LOTHIAN COUNCIL APPOINTMENT OF TAXI STANCES TSA/08/12 The West Lothian Council in exercise of their powers under Section 19 of the Civic Government (Scotland) Act 1982, propose to formally appoint the taxi stances as specified in the Schedule below. A copy of this notice together with plans showing the taxi stances may be examined during the period 30 August to 27 September 2012 between the hours of 9am and 4.30pm Mondays to Fridays inclusive at West Lothian Civic Centre, Howden South Road, Livingston. In addition the information can be viewed on the Council’s website at http://www.westlothian.gov.uk/law-licensing/licences/1147/1148/. Further information about the proposal may be obtained by contacting the Licensing Team at [email protected]. Any person wishing to object to or make representations about the proposed appointment of the taxi stances should send details of their objection or representation in writing, quoting reference TSA/08/12 to the Chief Solicitor, West Lothian Civic Centre, Howden South Road, Livingston or to the above email address stating your name and address, the stances to which they relate and the reasons for your objection or representation. All responses must be received no later than 27 September 2012. WEST LOTHIAN CIVIC CENTRE JULIE WHITELAW HOWDEN SOUTH ROAD, LIVINGSTON CHIEF SOLICITOR SCHEDULE TAXI STANCES IN WEST LOTHIAN - INTENTION TO FORMALLY APPOINT Bathgate - King Street for a distance of 22.8 meters and then 30 meters (as shown in Appendix 1) Linlithgow - High Street adjacent to numbers 88-98 for a distance of 11.2 meters (as shown in Appendix 2) – it is proposed that this will be a part time stance operating between the hours of 6pm - 6am Monday to Friday and 24 hours a day on Saturdays and Sundays with the area being used for loading outwith these times Livingston – Almondvale East Road adjacent to the Asda store for a distance of 61.2 meters (as shown in Appendix 3) Broxburn – East Main Street adjacent to the swimming pool for a distance of 10 meters (as shown in Appendix 4) Broxburn – West Main Street, adjacent to number 16 for a distance of 20 meters (as shown in Appendix 6) It is also proposed to revoke the larger of the two stances in West Main Street Broxburn extending to 37 meters as shown in Appendix 6.