Licensing Committee - 28/03/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 28th March, 2024.

Present:-

Depute Lord Provost Kevin CORDELL

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 29th February, 2024 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

There were no declarations of interest.

II 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.

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATION

WINDOW CLEANER - NEW APPLICATION

(b) PRIVATE HIRE OPERATOR - NEW APPLICATION

There was submitted the undernoted application.

Reference was made to Article III(c) of the minute of meeting of this Committee held on 29th February, 2024, wherein it was agreed to defer consideration of the application to allow the applicant to attend. The Committee gave consideration to the application. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant an extension of 28 days to allow the applicant to source a suitable vehicle.

(c) PUBLIC ENTERTAINMENT - NEW APPLICATION

There was submitted the undernoted application.

Having heard from the Legal Officer, the Committee noted that the applicant had submitted all relevant documentation to the satisfaction of the Licensing Office and the application had been granted under delegated powers.

(d) SECOND HAND DEALER NEW APPLICATION

There was submitted the undernoted application.

Having heard from the Legal Officer, the Committee noted that the applicant had submitted all relevant documentation to the satisfaction of the Licensing Office and the application had been granted under delegated powers.

(e) STREET TRADER - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that a request 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. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant the application.

(f) TAXI DRIVER - NEW APPLICATIONS

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 gave consideration to the application. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate or pass the street knowledge test within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

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

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

There were submitted the undernoted requests.

Reference was made to Article III(d) of the minute of meeting of this Committee held on 29th February, 2024, wherein it was agreed to grant a further extension to allow the applicant to have their vehicle tested. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer, the Committee noted that a vehicle was now on service and the application had been withdrawn.

Reference was made to Article III(d) of the minute of meeting of this Committee held on 29th February, 2024, wherein it was agreed to grant a further extension to allow the applicant to provide an update with regards to sourcing a vehicle. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed to grant a further extension for 28 days to allow the applicant to have their vehicle tested.

(h) 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 gave consideration to the application. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

III HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION GRANTED UNDER DELEGATED POWERS

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

(b) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference was made to Article IV(a) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed to grant the application with the condition that works be completed within two months to the satisfaction of the Private Sector Services Manager and to recall the application to this meeting of the Committee for an update. The Committee noted that a letter of representation had been received from the Private Sector Services Manager. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and a representative for the applicant, the Committee agreed to defer consideration of this item to the meeting of this Committee to be held on 13th June, 2024 to allow outstanding works to be completed to the satisfaction of the Private Sector Services Manager.

IV 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 - UPDATE

Reference was made to Article V(b) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed to grant the application subject to outstanding works being completed to the satisfaction of the Private Sector Services Manager, that the property was not let until these works had been completed and to recall the application to this meeting of the Committee for an update. Having heard from the Legal Officer, the Private Sector Services Manager and the applicant, the Committee agreed to defer consideration of this item to the meeting of this Committee to be held on 25th April, 2024, to allow outstanding works to be completed to the satisfaction of the Private Sector Services Manager.

(c) SHORT-TERM LETS - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that letters of objection had been received from members of the public. The Committee gave consideration to the content of the letters. The Committee noted that a written submission had been received from one of the objectors. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager, one of the objectors and the representative for 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.

V CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI OPERATOR - REQUEST FOR EXTENSION OF TIME TO PLACE VEHICLE ON SERVICE

There was submitted the undernoted request.

Reference was made to Article III(d) of the minute of meeting of this Committee held on 29th February, 2024, wherein it was agreed to defer consideration of the request to allow the applicant to provide further information regarding the purchase of a vehicle. The Committee further agreed that if the applicant was not in attendance that the matter may be considered in their absence. The Committee noted that the applicant was not present and agreed to consider the matter in their absence. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer, the Committee noted that F S had sourced a vehicle and a test had been booked. The Committee agreed to grant a further extension to 25th April, 2024 to allow the vehicle to be tested.

(b) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

Reference was made to Article VI(c) of the minute of the meeting of this Committee held on 11th January, 2024, wherein it was agreed to defer consideration of the application to await the outcome of court proceedings. The Committee noted that the applicant was not present and agreed to consider the application in their absence. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 25th April, 2024 to allow the applicant to attend.

(c) TAXI DRIVER - RENEWAL APPLICATION

There was submitted the undernoted application.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to defer consideration of the application to the meeting of this Committee to be held on 28th March, 2024, to await the outcome of court proceedings. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable and the applicant, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 25th April, 2024 in order for further details to be ascertained.

(d) TAXI DRIVER - SUSPENSION HEARINGS

Reference was made to Article VII(e) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings and to continue the immediate suspension with immediate effect. The Committee noted that A A was not present and agreed to consider the matter in their absence. The Committee noted that a letter of information had been received from the Chief Constable and a written submission had been received from A As representative. The Committee gave consideration to the content of the letter and written submission. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Drivers Licence held by A A in the interim period with immediate effect.

Reference was made to Article VII(e) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing and continue the suspension with immediate effect. The Committee noted that J B was not present and agreed to consider the matter in their absence. The Committee noted that a written submission had been received from J B. The Committee gave consideration to the content of the written submission. The Committee noted that a report had been received from the PAM Group. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 25th May, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by J B in the interim period with immediate effect.

Reference was made to Article VI(c) of the minute of meeting of this Committee held on 29th February, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings and to continue the immediate suspension in the interim period with immediate effect. The Committee noted that a letter of information had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable and B G, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 13th June, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by B G with immediate effect.

Reference was made to Article VI(e) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to adjourn consideration of the hearing to await the outcome of court proceedings. The Committee noted that R M was not present and agreed to consider the matter in their absence. The Committee noted that a letter of information had been received from the Chief Constable and a written submission had been received from R M. The Committee gave consideration to the content of the letter and written submission. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held on 25th April, 2024 to await the outcome of court proceedings.

(e) TAXI OPERATOR - REQUEST FOR VARIATION

The Committee noted that M A was not present. Having heard from the Legal Officer, the Committee agreed to defer consideration of this matter to the meeting of this Committee to be held on 25th April, 2024 to allow M A to be in attendance.

(f) WINDOW CLEANER - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that H R was not present and agreed to consider the matter in their absence. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee gave consideration to the content of the letter. Having heard from the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 25th April, 2024 to await the outcome of criminal proceedings and to allow the applicant to be in attendance.

(g) TAXI DRIVER - REQUEST FOR SUSPENSION HEARING

There was submitted a letter of information from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider A Rs fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held on 13th June, 2024.

Stewart HUNTER, Convener.