Licensing Committee - 02/11/2023

At a MEETING of the LICENSING COMMITTEE held remotely on 2nd November, 2023.

Present:-

Depute Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee held on 5th October, 2023 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 5th October, 2023 was submitted and noted, a copy of which is attached as an Appendix to this minute.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

MARKET OPERATOR - NEW APPLICATION - OCCASIONAL

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee noted that comments had been received from Building Standards. The Committee gave consideration to the comments. Thereafter, having heard from the Legal Officer, the Principal Building Standards Surveyor and the applicant, the Committee agreed to grant the licence with the conditions the premises did not operate until the appropriate Building Standards certificate was obtained.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that comments had been received from Environmental Health and Trading Standards. The Committee also noted that the applicant had failed to provide the certificate of compliance and Unique Tax Reference Number. Thereafter, having heard from the Legal Officer, the Committee agreed that the application was incompetent.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that comments had been received from Building Standards. The Committee also noted that the applicant had failed to provide the certificate of compliance and Unique Tax Reference Number. Thereafter, having heard from the Legal Officer, the Committee agreed that the application was incompetent.

STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that an application had been made to vary Conditions 9 and 10 of the licence which required the vehicle to be moved every 15 minutes and not return within one hour. Having heard from the Legal Officer and the applicant, the Committee agreed to grant the application.

TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee noted that the above application had been withdrawn.

The Committee noted that the applicant had failed to submit his photo ID, medical certificate, Unique Tax Reference Number, SVQ Certificate or pass the street knowledge test within the prescribed time. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed that the application was incompetent.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his photo ID, medical certificate, Unique Tax Reference Number, SVQ Certificate or pass the street knowledge test within the prescribed time. Thereafter, having heard from the Legal Officer, the Committee agreed that the application was incompetent.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that the applicant had failed to submit his photo ID, medical certificate, Unique Tax Reference Number, SVQ Certificate or pass the street knowledge test within the prescribed time. Thereafter, having heard from the Legal Officer, the Committee agreed that the application was incompetent.

(b) TAXI OPERATOR - CORPORATE PLATE - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a written submission had been submitted by the applicant. Having heard from the Legal Officer and having considered the written submission, the Committee noted that no further action was required as a vehicle had now been placed in service in the operation of the licence.

(c) TAXI OPERATOR - REQUESTS FOR EXTENSION OF TIME TO PLACE VEHICLE ON SERVICE

There were submitted the undernoted applications.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the written submission. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the request for a further 28 day extension.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Having heard from the Legal Officer, the Committee noted that no further action was required as the applicant had now placed a vehicle in service in the operation of the licence.

The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the written submission. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant the request for a further 28 day extension.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that the application had been withdrawn.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (LICENSING OF SHORT-TERM LETS) ORDER 2022

(a) SHORT-TERM LETS - NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

(b) SHORT-TERM LETS - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that a letter of objection had been received from a member of the public. The Committee gave consideration to the letter of objection. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant the application.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

VI HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - VALIDATION APPLICATIONS

There were submitted the undernoted applications.

Reference was made to Article X(a) of the minute of this Committee held on 7th September, 2023, wherein it was agreed to grant the application subject to the condition that a registered management agent be appointed and that the applicant did not enter the property while tenanted. The Committee noted that an application to appoint a management agent had been received. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant the application to appoint a management agent.

Reference was made to Article X(a) of the minute of this Committee held on 7th September, 2023, wherein it was agreed to grant the application subject to the condition that a registered management agent be appointed and that the application be brought back to this meeting of the Committee for an update on the matter. The Committee noted that no application to appoint a management agent had been lodged. Thereafter, having heard from the Legal Officer and K Q, the Committee agreed to bring this item back to the meeting of this Committee to be held on 7th December, 2023 and requested that N W be in attendance at that meeting.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted the undernoted application.

There was submitted a request for variation from J D in relation to his Taxi Operator's Licence. The Committee gave consideration to the grounds of the application together with supporting information submitted from the applicant's General Practitioner. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to adjourn consideration of the request to the meeting of this Committee to be held on 7th December, 2023 to allow J D to provide further medical evidence.

(b) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

Reference was made to Article VIII(e) of the minute of this Committee held on 5th October, 2023, wherein the Committee agreed to adjourn consideration of the application to this meeting of the Committee to allow the applicant to be in attendance. The Committee noted that a letter of objection had been submitted by the Chief Constable. The Committee gave consideration to the contents of the letter. Part of the representation referred to convictions which were spent in terms of the Rehabilitation of Offenders Act and after hearing the Chief Constable's representative as to the age and nature of the spent convictions, the Committee agreed that they be considered since justice could not otherwise be done. Thereafter, having heard the representative of the Chief Constable, the Legal Officer and the applicant on their own behalf, the Committee agreed that the application be refused.

The Committee noted that a letter of objection had been submitted by the Chief Constable. The Committee gave consideration to the contents of the letter. Thereafter, having heard the representative of the Chief Constable, the Legal Officer and from the applicant on their own behalf, the Committee agreed that the application be refused.

(c) TAXI DRIVER - RENEWAL APPLICATION

There was submitted the undernoted application.

Reference was made to Article III(e) of the notes of decisions of the meeting to discuss Licensing Committee business held on 18th August, 2023, wherein it was agreed to adjourn consideration of the application to await the outcome of court proceedings. The Committee noted that a letter of representation had been received from the Chief Constable. The Committee gave consideration to the letter of representation. Thereafter, having heard the representative of the Chief Constable, the Legal Officer and the applicant, the Committee agreed to adjourn consideration of the application to the meeting of this Committee to be held on 7th December, 2023 to await the outcome of court proceedings.

(d) TAXI DRIVER - SUSPENSION HEARING

Reference was made to Article VIII(g) of the minute of meeting of this Committee held on 5th October, 2023, wherein it was agreed to suspend A As Taxi Drivers Licence with immediate effect and that a hearing to consider A As fitness to hold a Taxi Drivers Licence be held at this meeting of the Committee. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee noted that a letter of information had been received from the Chief Constable, a written submission had been submitted from an agent on behalf of A A, and a letter in support of A A had been received. The Committee gave consideration to the letter of information, the written submission and letter of support. Thereafter, having heard from the representative of the Chief Constable and the Legal Officer, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 11th January, 2024, to await the outcome of criminal proceedings and that the immediate suspension continue with immediate effect.

(e) TAXI DRIVER - REQUESTS FOR SUSPENSION HEARINGS

There was submitted a letter of information from the Chief Constable. The Committee gave consideration to the contents of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider R Ts fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held on 11th January, 2024.

There was submitted a letter of information from the Chief Constable. The Committee gave consideration to the contents of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider G Ps fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held on 11th January, 2024.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 5th October, 2023.

APPENDIX I

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable in relation to the alleged conduct of W V during the currency of his Taxi Drivers Licence. The Sub-Committee agreed to adjourn consideration of the hearing to the meeting of this Sub-Committee to be held on 11th January, 2024 to allow W V to be in attendance.

Stewart HUNTER, Convener.