Licensing Committee - 08/08/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 8th August, 2024.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The minute of meeting of this Committee of 22nd July, 2024 was held as read.

I DECLARATION OF INTEREST

Councillor Shears declared an interest in the items of business at Articles V(c)3 and V(c)6 by virtue of an objector being known to him in a personal capacity and took no part in the proceedings and withdrew from the meeting during their consideration.

II LICENSING SUB-COMMITTEE MINUTE OF MEETING

The minute of meeting of the Licensing Sub-Committee held on 15th July, 2024 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

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

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

(b) STREET TRADER NEW 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 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 grant the application.

(c) TAXI OPERATOR CORPORATE PLATE 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. Thereafter, having heard from the Legal Officer, the Committee agreed to grant the application subject to a suitable vehicle being placed on service.

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.

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

There were submitted the undernoted applications.

The Committee gave consideration to the request. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard from the Legal Officer and consideration of a written submission in support of the application, the Committee agreed to grant a further extension and to recall this matter to the meeting of this Committee to be held on 5th September, 2024 to hear an update on the position regarding sourcing a vehicle.

The Committee gave consideration to the request. Thereafter, having heard from the Legal Officer and a representative for the applicant, the Committee agreed to grant a further extension and to recall this matter to the meeting of this Committee to be held on 5th September, 2024 to hear an update on the position regarding sourcing a vehicle.

The Committee gave consideration to the request. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard from the Legal Officer, the Committee agreed to grant a further extension and to recall this matter to the meeting of this Committee to be held on 5th September, 2024 to hear an update on the position regarding sourcing a vehicle.

The Committee noted that no further action was required as the licence had been surrendered.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION DELEGATED NEW APPLICATIONS

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

(b) HOUSES IN MULTIPLE OCCUPATION DELEGATED VARIATIONS

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

(c) HOUSES IN MULTIPLE OCCUPATION - UPDATES

There were submitted the undernoted applications.

Reference was made to Article VIII(b) of the minute of meeting of this Committee of 7th September, 2023, wherein it was agreed to grant the application and recall the matter to this meeting for an update on the operation of the licence. The Committee, having heard from the Private Sector Services Manager, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, agreed that no further action be taken.

Reference was made to Article VI of the minute of meeting of this Committee of 5th October, 2023, wherein it was agreed to grant the application and recall the matter to this meeting to allow for works to be completed.

The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, the Committee, having heard from the Private Sector Services Manager and consideration of the advice of the Legal Officer, agreed to note that no further action was required as works had been completed.

Reference was made to Article IV(a) of the minute of meeting of this Committee of 11th January, 2024, wherein it was agreed to grant the application and recall the matter to this meeting to allow for works to be completed.

The Committee, having heard from the Private Sector Services Manager, a representative on behalf of the applicant and consideration of the advice of the Legal Officer agreed to recall the matter to the meeting of the Committee in December, 2024 to allow for works to be completed.

(d) HOUSES IN MULTIPLE OCCUPATION NEW 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 defer consideration of the application to the meeting of this Committee to be held in October, 2024 to allow works to be completed.

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

(a) SHORT-TERM LETS DELEGATED NEW APPLICATIONS

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

(b) SHORT-TERM LETS UPDATE

Reference was made to Article VIII(b) of the minute of meeting of this Committee held on 7th December, 2023, wherein it was agreed to grant the application and to recall the matter to this meeting of the Committee for an update on the operation of the licence. The Committee gave consideration to written submissions from the objector and the applicant. Thereafter, having heard from the applicant, the Legal Officer and the Private Sector Services Manager, the Committee agreed that no further action be taken.

(c) SHORT-TERM LETS NEW APPLICATIONS

Reference was made to Article IV(b) of the minute of meeting of this Committee held on 25th April, 2024, wherein it was agreed to defer the application to allow outstanding works to be completed. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard from the Legal Officer and the Private Sector Services Manager, the Committee agreed to continue this matter to the meeting of this Committee to be held in November, 2024 to allow outstanding works to be completed.

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. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager, the objector, a representative of the Chief Constable and the applicant on their own behalf, the Committee agreed to note that notice had not been displayed appropriately and that the application be considered incompetent.

The Committee noted that a letter of objection had been submitted by a member of the public. The Committee gave consideration to the letter. Thereafter, having heard from the Private Sector Services Manager and the advice of the Legal Officer and an agent on behalf of the applicant, the Committee agreed to grant the application.

The Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard from the Private Sector Services Manager, the objectors on their own behalf, the applicant on their own behalf, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update on the operation of the licence.

The Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard from the Private Sector Services Manager, an agent on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

The Committee gave consideration to a letter of objection which had been submitted by a member of the public. Thereafter, having heard from the Private Sector Services Manager, the objector and a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted and that the matter be recalled to a meeting of this Committee in six months time for an update on the operation of the licence.

The Committee gave consideration to letters of objection which had been submitted by members of the public. Thereafter, having heard from the Private Sector Services Manager, an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

The Committee gave consideration to a letter of representation which had been submitted by the Private Sector Services Manager. Thereafter, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 5th September, 2024 to allow the applicant to attend.

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 DRIVER - NEW APPLICATIONS

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 grant the application and to recall the application to a future meeting of this Committee in six months time.

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 part of the objection referred to spent convictions and having heard the representative of the Chief Constable as to their age and nature agreed that they be considered.

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 grant the application subject to all relevant documents being submitted to the satisfaction of the Licensing Department, and to recall the application to a future meeting of this Committee for an update once J C had held a Taxi Drivers Licence for a period of six months.

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 part of the objection referred to spent convictions and having heard the representative of the Chief Constable as to their age and nature agreed that they be considered. 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 refuse the application

(b) TAXI DRIVER SUSPENSION HEARINGS

Reference was made to Article II(a) of the minute of meeting of the Licensing Committee held on 1st February, 2024, wherein it was agreed that the hearing be deferred to this meeting to await the outcome of court proceedings and to continue the suspension during the intervening period. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. 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 L G in the interim period with immediate effect.

Reference was made to Article VI(c) of the minute of meeting of this Committee held on 13th June, 2024, wherein it was agreed to adjourn consideration of the hearing to this meeting of the Committee to allow the licence holder to be in attendance and to continue the suspension with immediate effect to await the outcome of court proceedings. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. The Committee agreed to adjourn consideration of the hearing to the meeting of this Committee to be held in December, 2024 to allow B G to be in attendance, to await the outcome of court proceedings and to continue the immediate suspension of the Taxi Drivers Licence held by B G in the intervening period with immediate effect.

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 15th July, 2024, wherein it was agreed that the Taxi Drivers Licence held by N A be suspended with immediate effect and that a suspension hearing be held in relation to the fitness of N A to be the holder of a 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 of the Chief Constable and a representative for N A, 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 N A in the interim period with immediate effect and to allow for viewing of the CCTV footage relevant to the matter.

Reference was made to the decision taken under delegated powers for the licence to be suspended as the licence holder did not meet Group 2 Standards. The Committee noted that no further action was required as the licence had been surrendered.

The Committee noted that the Taxi Drivers Licence held by Mr I B had been suspended on 25th July, 2024 under delegated powers as he did not meet Group 2 Standards in accordance with DVLA Guidance and that a hearing be held in relation to the fitness of Mr I B to be the holder of a Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the hearing be adjourned to the meeting in November, 2024 and to continue the suspension during the intervening period.

The Committee noted that the Taxi Drivers Licence held by Mr G F had been suspended on 25th July, 2024 under delegated powers as he did not meet Group 2 Standards in accordance with DVLA Guidance and that a hearing be held in relation to the fitness of Mr G F to be the holder of a Taxi Drivers Licence.

The Committee noted that the licence holder was not present and agreed that the hearing be adjourned to the meeting in November, 2024 and to continue the suspension during the intervening period.

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 with immediate effect.

The Committee noted that the licence holder was not present and agreed that the hearing be adjourned to the meeting to be held on 5th September, 2024 to allow the licence holders agent to be in attendance and to continue the suspension of the licence during the intervening period with immediate effect.

(c) TAXI OPERATORS REQUESTS FOR VARIATION

Reference was made to Article V(f) of the minute of meeting of this Committee held on 25th April, 2024, wherein it was agreed to defer consideration of the matter to this meeting of the Committee to allow for further medical information to be submitted.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn consideration of the matter to the meeting of this Committee to be held on 5th September, 2024.

Reference was made to Article V(f) of the minute of meeting of this Committee held on 28th March, 2024, wherein it was agreed to defer consideration of the matter to this meeting of the Committee to allow for further medical information to be submitted. The Committee gave consideration to the request and the information submitted. Thereafter, having heard from the Legal Officer and the applicant, the Committee agreed that the application be refused.

Reference was made to Article V(f) of the minute of meeting of this Committee held on 28th March, 2024, wherein it was agreed to defer consideration of the matter to this meeting of the Committee to allow for further medical information to be submitted. The Committee noted that the applicant had requested a variation to substitute their wheelchair accessible vehicle for a saloon car due to medical reasons. The Committee gave consideration to the request and the information submitted. Thereafter, having heard from the Legal Officer and the applicant, the Convener seconded by Councillor Smith moved that the request be refused.

As an amendment Councillor Coleman seconded by Councillor Shears moved that the request be granted.

On a division there voted for the motion, the Convener, Depute Lord Provost Cordell, Bailie Roberts and Councillor Smith (4); and for the amendment, Councillors Coleman, Scullin and Shears (3) -whereupon the motion was declared carried and the request was refused.

(d) PRIVATE HIRE DRIVER/PRIVATE HIRE OPERATOR REQUEST FOR SUSPENSION HEARING 

The Committee noted that a letter of information had been received from a Civic 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 S Ms fitness to hold a Private Hire Drivers Licence, a Private Hire Operators Licence and also a Taxi Drivers Licence be held at the meeting of the Licensing Committee to be held in October, 2024.

(e) TAXI DRIVER REQUEST FOR SUSPENSION HEARING

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 G McHs fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held in October, 2024.

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 15th July, 2024.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Bailie Christina ROBERTS

Councillor George McIRVINE

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

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 item of business on the ground that it 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 DRIVERS LICENCE REQUEST FOR IMMEDIATE SUSPENSION

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of N A during the currency of their Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that the Taxi Drivers Licence held by N A be suspended with immediate effect and that a suspension hearing be held on 8th August, 2024 in relation to the fitness of N A to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.