Licensing Committee - 13/06/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 13th June, 2024.

Present:-

Bailie Christina ROBERTS

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 23rd May, 2024 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 16th May, 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.

MARKET OPERATOR - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATIONS

SALE OF ANIMALS AS PETS - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

WINDOW CLEANER - NEW APPLICATION

(b) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

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

Having heard from the Legal Officer, the Committee noted that the application had been withdrawn.

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 content of the written submission. The Committee noted that the applicant had failed to submit their medical certificate, Unique Tax Reference Number, SVQ Certificate, pass the street knowledge test or name the Taxi Operator that they would be driving for 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 noted that a written submission had been received from the applicant. The Committee gave consideration to the content of the written submission. The Committee noted that the applicant had failed to submit their SVQ Certificate within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

IV 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.

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 APPLICATIONS

There were submitted the undernoted applications.

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 of objection. 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, Private Sector Services Manager, objectors, the agent for the applicant and the applicant, the Committee agreed to grant the application, but to recall to a meeting of this Committee after one year for an update.

The Committee noted that a letter of objection had been received from a member of the public. The Committee gave consideration to the content of the letter of objection. Thereafter, having heard from the Legal Officer, Private Sector Services Manager, the objector and the applicant, the Committee agreed to grant the application, but to recall to a meeting of this Committee after six months for an update.

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 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 and the Private Sector Services Manager, 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 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 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 noted that a written submission had been received from the applicant. The Committee gave consideration to the content of the written submission. The Committee noted that the applicant had failed to submit a medical certificate within the prescribed time period. Thereafter, having heard from the Legal Officer, the Committee agreed that the application was incompetent.

Reference was made to Article VI(c) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to defer consideration of the application to this meeting of the Committee 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. The Committee noted that a late submission had been received from the Chief Constable. Having heard from the Legal Officer, the Committee agreed to consider the content of the late submission. Thereafter, having heard from a representative for the Chief Constable the Committee agreed that the application be refused.

(b) TAXI DRIVER - SUSPENSION HEARINGS

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 further medical evidence and to continue the suspension of the Taxi Drivers Licence held by M A in the interim period with immediate effect. The Committee noted that M A was not present and agreed to consider the matter in their absence. The Committee noted that M A did not currently 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 M A with immediate effect.

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 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. The Committee noted that A A was not present and agreed to consider the matter in their absence. The Committee noted that letters of information had been received from the Chief Constable. The Committee gave consideration to the content of the letters. Thereafter, having heard from the Legal Officer and a representative of the Chief Constable, the Committee agreed to suspend the unexpired portion of the Taxi Drivers Licence held by A A with immediate effect.

Reference was made to Article V(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 further medical evidence and to continue the suspension of the Taxi Drivers Licence held by A A in the interim period 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 written submission had been received from PAM Group. The Committee gave consideration to the content of the written submission. The Committee noted that A A did not currently 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 A A with immediate effect.

The Committee noted that A B was not present and agreed to consider the matter in their absence. The Committee noted that the Taxi Drivers Licence held by A B had been suspended with immediate effect on 13th May, 2024 as he did not currently 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 A B with immediate effect.

Reference was made to Article V(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 further medical evidence and to continue the suspension of the Taxi Drivers Licence held by F D in the interim period with immediate effect. The Committee noted that F D was not present and agreed to consider the matter in their absence. The Committee noted that a written submission had been received from PAM Group. The Committee gave consideration to the content of the written submission. The Committee noted that F D 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 5th September, 2024 to await further medical evidence and to continue the suspension of the Taxi Drivers Licence held by F D with immediate effect.

Reference was made to Article V(d) of the minute of meeting of this Committee held on 28th March, 2024, wherein the Committee agreed to adjourn consideration of the hearing to this meeting of Committee to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by B G with immediate effect. The Committee noted that B G 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 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 8th August, 2024 to allow the licence holder to be in attendance and to continue the suspension of the Taxi Drivers Licence held by B G with immediate effect.

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 16th May, 2024, wherein it was agreed that the Taxi Drivers Licence held by J M be suspended with immediate effect and that a hearing be held in relation to the alleged conduct of J M during the currency of their Taxi Drivers Licence. 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 for the Chief Constable, the licence holder and viewing CCTV of the incident, 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 J M 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 17th May, 2024 as they did not currently 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 with immediate effect.

(c) BOOKING OFFICE - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that letters of objection had been received. The Committee gave consideration to the content of the letters of objection. 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 objectors, an agent for the applicant and representatives on behalf of the applicant, the Committee agreed to grant the application.

Stewart HUNTER, Convener.