Licensing Committee - 29/02/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 29th February, 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 1st February, 2024 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Councillor Smith declared an interest in relation to the item of business at Article III(d) of this minute by virtue of the applicant being known to her in a personal capacity and took no part in the proceeding and withdrew from the meeting during its consideration.

II LICENSING SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 11th January, 2024 was submitted and noted, a copy of which is attached to this minute as Appendix I.

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.

LATE HOURS CATERING - VARIATION APPLICATIONS

PUBLIC ENTERTAINMENT - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

STREET TRADER - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) PUBLIC ENTERTAINMENT - ADDITIONAL CONDITION

It was reported that Neighbourhood Services had received a number of complaints over recent years concerning flyposting associated with events at licensed premises. Consideration was being given to attaching conditions to licences seeking to deal with this practice, in relation to Public Entertainment Licences, the Committee agreed to attach the following condition to Public Entertainment Licences:-

The licence holder shall take all reasonable steps to ensure that flyposting does not take place to advertise events occurring on the premises. The licence holder shall ensure that all contracts/hiring agreements in regard to the use of the premises for entertainment purposes contain a requirement that the performers will not engage in, or authorise, any other company or person to engage in flyposting to advertise their performances. For the purposes of this condition, flyposting means the display of advertising material on buildings and street furniture without the consent of the owner.

(c) PRIVATE HIRE OPERATOR - 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 adjourn consideration of the application to the meeting of this Committee to be held on 28th March, 2024.

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

There were submitted the undernoted applications.

Reference was made to Article III(b) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed that an extension be granted to 29th February, 2024. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant the Committee noted that a vehicle had now been placed on service.

Reference was made to Article III(b) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed that an extension be granted to 29th February, 2024. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee noted the applicant had sourced a vehicle and agreed to grant an extension until the vehicle had been tested.

Reference was made to Article III(b) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed to adjourn consideration of this item to allow the applicant to provide an update on 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 final request for an extension to 28th March, 2024.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 7th December, 2023, wherein it was agreed to grant the request until 29th February, 2024. 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 agreed that the request be refused.

(e) TAXI OPERATOR - CORPORATE PLATE - NEW APPLICATIONS

There were submitted the undernoted applications.

The Committee gave consideration to the application. 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 a representative for the applicant, the Committee agreed to grant the application subject to a vehicle being tested.

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 vehicle being tested.

IV HOUSING (SCOTLAND) ACT 2006

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

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

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

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 the agent for the applicant, the Committee agreed to grant the application subject to outstanding works being completed within two months and to recall this matter to the meeting of this Committee to be held on 25th April, 2024 for an update on the position.

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 the agent for the applicant, the Committee agreed to grant the application subject to the licence not taking effect until a completion certificate had been received to the satisfaction of the Private Sector Services Manager.

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 the agent for the applicant, the Committee agreed to grant the application.

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 and a written submission had been received from a member of the public. The Committee gave consideration to the content of the letter of objection and the written submission. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager and the agent 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.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

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

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 request. Thereafter, having heard from the Legal Officer, the Committee agreed to adjourn consideration of the request to the meeting of this Committee to be held on 28th March, 2024, 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.

VII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) PUBLIC ENTERTAINMENT - NEW APPLICATION - FULL

There was submitted the undernoted application.

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 1st February, 2024, wherein it was agreed to adjourn consideration of the application to allow the applicant to attend and for the Company Secretary to be replaced. 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. The Committee noted that a written submission had been received from the applicant. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the representative of the Chief Constable and the applicant, the Committee agreed to grant the application until 31st May, 2024, subject to a satisfactory inspection by Environmental Health and with the condition that H M had no direct involvement with the business.

(b) PUBLIC ENTERTAINMENT - RENEWAL APPLICATION - FULL

There was submitted the undernoted application.

There was submitted a letter of objection from the Chief Constable. The Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the representative of the Chief Constable and the applicant, the Committee agreed that the application be refused.

(c) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

Reference was made to Article VI(b) of the minute of meeting of this Committee held on 1st 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 B G was not present and agreed to hold the hearing in their absence. 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 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 28th March, 2024 to await the outcome of court proceedings and to continue the suspension in the interim period with immediate effect.

The Committee noted that P T was not present and agreed to consider this matter in their absence. The Committee noted that the Taxi Drivers Licence held by P T had been suspended with immediate effect on 24th January, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. 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 28th March, 2024 and to continue the suspension with immediate effect.

The Committee noted that A R was not present and agreed to consider this matter in their absence. The Committee noted that the Taxi Drivers Licence held by A R had been suspended with immediate effect on 8th February, 2024 as he did not currently meet Group 2 Standards in accordance with DVLA guidance. 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 April, 2024 and to continue the suspension with immediate effect.

(d) TAXI DRIVER'S - SUSPENSION HEARINGS AND RENEWAL APPLICATIONS

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 1st February, 2024. The Committee noted that M I was not present and agreed to consider this matter in their absence. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee noted the content of the letter. Thereafter, having heard from the Legal Officer and a representative for the Chief Constable, the Committee agreed to note that no further action was required as the Taxi Drivers Licence held by M I had ceased to have effect as it was forfeit to the Crown.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 1st February, 2024. The Committee noted that M I was not present and agreed to consider this matter in their absence. The Committee noted that a letter of objection had been received from the Chief Constable. The Committee noted the content of the letter. Thereafter, having heard from the Legal Officer and a representative for the Chief Constable, the Committee agreed to note that no further action was required as the Taxi Drivers Licence held by T N had ceased to have effect as it was forfeit to the Crown.

(e) TAXI OPERATOR - REQUEST FOR VARIATION

Reference was made to Article VI(f) of the minute of meeting of this Committee held on 11th January,2024, wherein it was agreed to adjourn consideration of the request to allow the applicant to be in attendance and submit further medical information. The Committee gave consideration to the request. Thereafter having heard from the Legal Officer and the applicant, the Committee agreed that the request be refused.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed that the request be refused.

(f) REQUEST FOR SUSPENSION HEARING - STREET TRADER

There was submitted a letter of information from a Licensing Standards Officer. 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 D Ms fitness to hold a Street Traders Licence be held at the meeting of the Licensing Sub-Committee meeting on 28th March, 2024.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 11th January, 2024.

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

There were no declarations of interest.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVER - SUSPENSION HEARINGS

Reference was made to Article VII(e) of the minute of meeting of the Licensing Committee held on 2nd November, 2023, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of G P during the currency of their Taxi Drivers Licence. The Sub-Committee noted that G P was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Sub‑Committee agreed to adjourn consideration of the hearing to the meeting of this Sub-Committee to be held on 28th March, 2024, to await the outcome of court proceedings.

Reference was made to Article XI(g) of the minute of meeting of the Licensing Committee held on 7th December, 2023, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of A Q during the currency of their Taxi Driver's Licence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. The Sub-Committee noted that a written submission had been received from A Q. The Sub-Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, a representative of the Chief Constable and an agent on behalf of A Q, the Sub-Committee agreed to issue a warning with regards to the future conduct of A Q during the currency of their Taxi Drivers Licence.

Reference was made to Article XI(g) of the minute of meeting of the Licensing Committee held on 7th December, 2023, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of R T during the currency of their Taxi Driver's Licence. The Sub-Committee noted that R T was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a

letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, the Sub‑Committee agreed to adjourn consideration of the hearing to the meeting of this Sub-Committee to be held on 28th March, 2024 to await the outcome of court proceedings.

Reference was made to Article II(a) of the minute of meeting of this Sub-Committee held on 5th October, 2023, wherein it was agreed to adjourn consideration of the hearing to allow W V to be in attendance. The Sub-Committee noted that W V was not present and agreed to consider the matter in their absence. The Sub-Committee noted that a letter of information had been received from the Chief Constable. The Sub-Committee gave consideration to the content of the letter. The Sub-Committee noted that a written submission had been received from W V. The Sub-Committee gave consideration to the written submission. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Sub-Committee agreed to issue a warning with regards to the future conduct of W V during the currency of their Taxi Drivers Licence.

(b) TAXI DRIVER AND OPERATOR - SUSPENSION HEARING

Reference was made to Article XI(h) of the minute of meeting of the Licensing Committee held on 7th December, 2023, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Q H during the currency of their Taxi Driver's and Taxi Operators Licences. The Sub‑Committee noted that a letter of information had been received from a Licensing Standards Officer. The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer, a Licensing Standards Officer and Q H, the Sub-Committee agreed to issue a warning with regards to the future conduct of Q H during the currency of their Taxi Drivers and Taxi Operators Licences.

(c) TAXI OPERATOR - SUSPENSION HEARING

Reference was made to Article XI(i) of the minute of meeting of the Licensing Committee held on 7th December, 2023, wherein it was agreed to hold a suspension hearing in relation to the alleged conduct of Company T during the currency of their Taxi Operators Licence. The Sub-Committee noted that a report had been received from the Fleet Manager. The Sub-Committee gave consideration to the content of the report. The Sub-Committee noted that written submissions had been received from the Fleet Manager and Company T. The Sub-Committee gave consideration to the written submissions. Thereafter, having heard from the Legal Manager, the Fleet Manager and a representative from Company T, the Sub-Committee agreed to issue a warning with regards to the future conduct of Company T for the currency of their Taxi Operators Licence and to recall this matter to a meeting of the Licensing Sub-Committee in six months for an update.

Stewart HUNTER, Convener.