Licensing Committee - 23/05/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 23rd May, 2024.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 25th April, 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.

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) 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. 

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

There was submitted the undernoted request.

The Committee gave consideration to the request. The Committee noted that a written submission had been received. The Committee noted the content of the written submission. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant a further 28 day extension to allow the applicant to explore options with regards to sourcing a suitable vehicle.

III HOUSING (SCOTLAND) ACT 2006

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

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

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATION

There was submitted the undernoted application.

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 grant the application for three persons with the condition that bedrooms four and five could not be used. The Committee further agreed that the applicant could apply for a variation to the licence to include bedrooms four and five once works had been 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 - DELEGATED

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.

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 5th September, 2024 to allow the applicant to be in attendance.

(c) 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, the property not being let until these works had been completed and that the matter be recalled to this meeting of the Committee for an update. Having heard from the Legal Officer and the Private Sector Services Manager, the Committee noted that the premises were now fully compliant and agreed to take no further action.

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 DRIVER - NEW APPLICATION

There was submitted the undernoted application.

Reference was made to Article VI(a) of the minute of meeting of this Committee held on 25th April, 2024, wherein it was agreed to defer consideration of the application to this meeting of the

Committee to allow further information from Police Scotland to be considered. The Committee noted that a letter of objection had been received from Police Scotland. The Committee gave consideration to the content 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 from the Legal Officer, a representative for the Chief Constable and the applicant, the Committee agreed that the application be granted for a period of six months subject to the applicant submitting all relevant documents to the satisfaction of the Licensing Department, and to recall the application to a future meeting of this Committee for an update once D M had held a Taxi Drivers Licence for a period of six months.

(b) TAXI DRIVER - SUSPENSION HEARINGS

Reference was made to Article V(d) of the minute of meeting of this Committee held on 28th March, 2024, wherein it was agreed to adjourn consideration of the hearing to this meeting of the Committee 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. The Committee noted that J B was not present and agreed to consider the matter in their absence. 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 5th September, 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.

The Committee noted that S C was not present and agreed to consider the matter in their absence. The Committee noted that the Taxi Drivers Licence held by S C had been suspended with immediate effect on 25th April 2024, as they did not meet Group 2 Standards in accordance with DVLA guidance. 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 5th September, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by S C in the interim period with immediate effect.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 25th April, 2024, wherein it was agreed to adjourn consideration of the hearing to this meeting of the Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by R M in the interim period with immediate effect. 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. 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 5th September, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by R M in the interim period with immediate effect.

The Committee noted that G M was not present and agreed to consider the matter in their absence. The Committee noted that the Taxi Drivers Licence held by G M had been suspended with immediate effect on 16th April 2024, as they did not meet Group 2 Standards in accordance with DVLA guidance.

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 5th September, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by G M in the interim period with immediate effect.

TAXI DRIVER - REQUEST FOR WHEELCHAIR EXEMPTION

There was submitted the undernoted request.

The Committee noted that E L was not present and agreed to consider the matter in their absence. The Committee noted that a request for a temporary Wheelchair Exemption Certificate had been received. The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the request and to recall this matter to the meeting of this Committee to be held on 5th September, 2024 for an update.

(d) TAXI DRIVER - REQUESTS FOR SUSPENSION HEARINGS

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, the Committee agreed that a hearing to consider D Ls fitness to hold a Taxi Drivers Licence be held at a meeting of the Licensing Sub-Committee to be held on 3rd October, 2024.

The Committee noted that a letter of information had been received from a Civic 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 I Bs fitness to hold a Taxi Drivers Licence and a Taxi Operators Licence be held at a meeting of the Licensing Sub-Committee to be held on 3rd October, 2024.

Stewart HUNTER, Convener.