Advertising Policy on Licensed Vehicles (Private Hire Car)
Advertising on Licensed Vehicles (Private Hire Car) Policy
The Licensing and Regulatory Committee as Licensing Authority for the city of Glasgow attaches a number of conditions when granting or renewing private hire car licences. Condition (7) states that "no notice, advertisement, printed bill or other thing shall be displayed on the outside or inside of a private hire car, without the prior consent of the Licensing Authority". In addition, Condition (10) of a private hire car licence states "the holder of a private hire car licence shall not display on his vehicle any signs for the purpose of advertising its services as a private hire car other than those approved by the Licensing Authority." In the interests of consistency and clarity, the Licensing and Regulatory Committee considers it appropriate to establish a policy for dealing with applications to request the consent and/or approval of the Licensing Authority in the above situations.
The following criteria are considered both practical and reasonable:-
(A) Approval of Advertising Material
All advertising material to be displayed on a private hire car requires the approval of the Licensing Authority. The Licensing and Regulatory Committee has however delegated such approval to the Legal Manager (Licensing) or nominee. The Legal Manager (Licensing) will however refer any approval of advertising material to the Licensing and Regulatory Committee where the advertising material is not permitted under this Policy. Advertising material would not be permitted if it promotes the sale of alcohol or tobacco products; nor if it contains political, ethnic, religious, sectarian, sexual or controversial text; displays nude or semi-nude figures; or is likely to offend public taste; depict men, women or children as sexual objects; depict direct and immediate violence to anyone shown in the advertisement or observing it; advertise any racist group or organisation which intends to promote such a group or such organisation and/or any of its activities.
Applications for the Licensing Authority's approval of such advertising artwork require to be made on the appropriate application form and accompanied by a copy of all proposed advertisements in full colour. Applications for full livery advertising artwork must be accompanied by a coloured copy of the artwork showing the advertising as it is intended to appear on the private hire car from five view points (top left side, right side, front and rear).
The Licensing Authority will compile and maintain a register of approved advertising artwork considered suitable for use within/on licensed private hire cars.
No charge will be made in respect of administration at the stage of approval of artwork.
It should be noted that applications under this section of the Policy do not require to be made by the licence holder of the private hire car.
(B) Consent in terms of Condition 7 and/or Approval in terms of Condition 10 of a Private Hire Car Licence by the Private Hire Car Licence Holder or the Private Hire Car Licence Holder's Agent.
All applications for consent/approval from the Licensing Authority under this section of the Policy require to be made by the licence holder or the licence holder's approved agent.
Any person claiming to act as an agent on behalf of the licence holder, must provide written confirmation of their authority to do so, to the Licensing Authority. Other than in the case of a solicitor duly authorised to act, the confirmation must be signed by the relevant licence holder.
In addition to the approval of the advertising material detailed at section (A) above, applications for the Licensing Authority's consent, for a licence holder to display a notice, advertisement, printed bill or other thing on the outside or inside of a private hire car or separately applications for the Licensing Authority's approval, for a licence holder to display signs on the private hire car for the purpose of advertising its services as a private hire car, will require to be made to the Licensing Authority on the appropriate application form. The requests for consent/approval will be processed as follows:
For the advertising locations at (a) to (d) below, provided the Licensing Authority has given its approval to the advertising material under section (A) above, the Licensing and Regulatory Committee has delegated the required consent, in terms of condition (7) and separately approval in terms of condition (10) of the private hire car licence to the Legal Manager (Licensing) or authorised nominee.
(a) advertising to be displayed on the driver's or front passenger's seats (front seat advertising should fit closely to the size and shape of the seat to which they are attached. It should be noted that no advertisement will be permitted on protective screens fitted in the private hire car, which have been approved by the Licensing Authority);
(b) advertising to be displayed on the headrests of the driver's or front passenger's seats (head rest advertising should fit closely to the size and shape of the head rest to which they are attached);
(c) advertisements (only booking office number, QR code, "APP" and/or booking office name to which the private hire car operates from) to appear internally on the rear windscreen of the private hire car; or
(d) advertisements to appear on the floor of the private hire car.
It should be noted that only one supplier or brand name may be advertised internally in a private hire car and separately one supplier or brand externally on a private hire car.
For all other locations of advertising/signage internally or externally on a private hire car, provided the Licensing Authority has given its approval to the advertising material under section (A) above, the request for consent/approval will be referred to the Licensing and Regulatory Committee for consideration. Individual applications for consent/approval shall be accompanied by the proposed advertising as it is to be displayed on the private hire car together with the appropriate fee (please see section (D) below) as imposed from time to time by the Licensing Authority.
In general, applications for consent/approval in connection with advertising/signage will only be granted for the period of the current licence, (maximum three year licence period) from the date of grant.
(C) Responsibilities of Licence Holder
In general, all advertisements must comply with the British Code of Advertising Practice issued by and amended from time to time by the Advertising Standards
Authority i.e.; all advertisements must be legal, decent, honest and truthful.
Prior to displaying any advertisement for which an application for approval is required under section (A) and consent/approval under section (B) of this Policy, the holder of the private hire car licence shall have paid to the Council the appropriate fee (please see section (D) below).
The licence holder remains responsible for the content of any advertisement/signage displayed on or within the private hire car. It remains the licence holder's responsibility to comply with the current law and British Code of Advertising Practice referred to above, irrespective of any consent to display the advertisement or approval to display signage, which may have been given by the Licensing Authority.
It remains the responsibility of the licence holder to ensure that none of the advertising/signage material, where it is displayed internally or externally on the private hire car:
· obscures the driver's vision;
· obscures the private hire car's licence plates issued by the Licensing Authority;
· obscures approved door signage and separately any window signage issued by the Licensing Authority;
· obscures the private hire car registration plates;
· constitutes a danger to passengers or the public;
· restricts or interferes with the passengers' entry or exit to or from the private
hire car; or
· is contrary to the Licensing Authority's policy on visibility of rear passenger windows and rear windscreen.
Material used for advertisements/signage must be of a quality not easily defaced or detached. No paper-based materials or water-soluble adhesive paste may be used. Advertisements must be fixed directly to the body of the private hire car. Interior advertisements must be on non-flammable material.
Advertisements/signage will be checked at the inspections carried out by the Council's Taxi and Private Hire Car Inspection and Enforcement officers. If a licence holder wishes to materially change or amend an advertisement/signage during the period for which the consent has been given by the Licensing Authority, a further application will require to be given to the Licensing Authority in the manner prescribed above.
(D) Fees
Supersides advertisement (full sides of a private hire car) £50
Double Exterior door advertisements - £25.
Exterior livery (including any advertising on the bodywork of the private hire car other than that which can be accommodated on double door advertising) - £126.
Any applicant seeking exemption from any fee, which would otherwise be due, on the basis that the advertising campaign is non-commercial shall provide full details of the campaign at the stage at which approval/consent of the advertising under section (B) of this Policy is to be sought and the request shall be referred to the Licensing and Regulatory Committee for determination.