Licensing Committee - 01/02/2024

At a MEETING of the LICENSING COMMITTEE held remotely on 1st February, 2024.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 11th January, 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 - MINUTES OF MEETINGS

The minutes of meetings of the Licensing Sub-Committee held on 10th January, 2024 and 11th January, 2024 were submitted for information and noting purposes, copies of which are attached to this minute as Appendices I and II.

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.

ANIMAL BOARDING - NEW APPLICATION

PRIVATE HIRE DRIVER - NEW APPLICATION

PUBLIC ENTERTAINMENT - FULL APPLICATIONS

PRIVATE HIRE OPERATOR - NEW APPLICATIONS

SECOND HAND DEALER - NEW APPLICATIONS

TAXI DRIVER - NEW APPLICATIONS

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

There were submitted the undernoted applications.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 7th December, 2023, wherein it was agreed that an extension be granted to 1st 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for the applicant, the Committee noted that a vehicle had been placed on service and the request for extension withdrawn.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 7th December, 2023, wherein it was agreed that an extension be granted to 1st February, 2024. 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 the request for a further extension to 29th February, 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 that an extension be granted to 1st 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for the applicant, the Committee noted that a vehicle had been placed on service and the request for extension withdrawn.

Reference was made to Article VI(d) of the minute of meeting of this Committee held on 7th December, 2023, wherein it was agreed that an extension be granted to 1st February, 2024. 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 the request for a further extension to 29th February, 2024.

Reference was made to Article III(b) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to defer consideration of the request 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 the request for a further extension to 29th February, 2024.

(c) 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 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 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. 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. Thereafter, having heard from the Legal Officer, the Committee agreed that the application be considered incompetent.

(d) 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. 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, the Committee agreed to grant the application, subject to a vehicle being tested.

IV HOUSING (SCOTLAND) ACT 2006

(a) 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 with the condition that works be completed within two months to the satisfaction of the Private Sector Services Manager and to recall the matter to the meeting of this Committee to be held on 28th March, 2024 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 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 APPLICATION GRANTED UNDER DELEGATED POWERS

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

(b) SHORT-TERM LETS - NEW APPLICATIONS

There were submitted the undernoted applications.

Reference was made to Article V(b) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to defer consideration of the application to allow outstanding works to be completed. 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 applicant, the Committee agreed to grant the application subject to outstanding works being completed to the satisfaction of the Private Sector Services Manager and that the property was not let until these works had been completed. The Committee further agreed to recall this matter to the meeting of this Committee to be held on 28th March, 2024 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. The Committee noted that a written submission had been received from Building Standards. The Committee gave consideration to the content of the written submission. Thereafter, having heard from the Legal Officer, the Private Sector Services Manager, the Principal Building Standards Surveyor and the applicant, the Committee agreed to grant the application subject to outstanding works being completed to the satisfaction of the Private Sector Services Manager, the attic space not being used, the property not being let until works had been completed and that the advert was amended to remove reference to the attic space with immediate effect.

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 applicant, the Committee agreed to grant the application and to recall the matter to the meeting of this Committee to be held on 25th April, 2024 to ensure outstanding works were completed.

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 and that a letter of objection had been received from a member of the public. The Committee noted that the objector was not present. The Committee gave consideration to the content of the letter of representation and letter of objection. Thereafter, having heard from the Legal Officer, Private Sector Services Manager and 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) PUBLIC ENTERTAINMENT - NEW APPLICATION - FULL

There was submitted the undernoted application.

Reference was made to Article XI(a) of the minute of meeting of this Committee held on 11th January, 2024, wherein it was agreed to defer consideration of the application to allow the applicant to attend. 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. 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 Committee agreed to defer consideration of the application to allow the applicant to change the name of the Company Secretary and to recall the application to the meeting of this Committee to be held on 29th February, 2024 for an update.

(b) TAXI DRIVER - NEW APPLICATION

There was submitted the undernoted application.

The Committee noted that a letter of objection had been submitted by the Chief Constable. 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

the representative of the Chief Constable, the Legal Officer and the applicant, the Committee agreed that the application be granted subject to the applicant providing a medical certificate, Unique Tax Reference Number, SVQ Certificate, naming of the operator that they would be driving for and photo image for their badge and recall this matter to a meeting of this Committee after six months for an update on the operation on the licence.

(c) TAXI DRIVER - SUSPENSION HEARINGS

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 11th January, 2024, wherein it was agreed that B Gs Taxi Drivers Licence be suspended with immediate effect and that a hearing be held in relation to the alleged conduct of B G during the currency of their Taxi Drivers Licence. 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 29th February, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by B G in the interim period with immediate effect.

Reference was made to Article II(a) of the minute of meeting of the Licensing Sub-Committee held on 10th January, 2024, wherein it was agreed that L Gs Taxi Drivers Licence be suspended with immediate effect and that a hearing be held in relation to the alleged conduct of L G 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 of the Chief Constable and a representative for L G, 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 and to continue the suspension of the Taxi Drivers Licence held by L G in the interim period with immediate effect.

(d) TAXI DRIVER - SUSPENSION HEARINGS AND RENEWALS

Reference was made to Article III(g) of the notes of decisions of the meeting to consider Licensing Committee Business held on 18th August, 2023, wherein it was agreed to adjourn consideration of this matter to await the outcome of court proceedings and to continue the immediate suspension of the licence during the intervening period. 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 for the Chief Constable and a representative for M I, the Committee agreed to adjourn consideration of this item to the meeting of this Committee to be held on 29th February, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by M I in the interim period with immediate effect.

Reference was made to Article III(g) of the notes of decisions of the meeting to consider Licensing Committee Business held on 18th August, 2023, wherein it was agreed to adjourn consideration of this matter to await the outcome of criminal proceedings and to continue the immediate suspension of the licence during the intervening period. The Committee noted that T N 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 gave consideration to the content of the letter. Thereafter, having heard from the Legal Officer and a representative for the Chief Constable, the Committee agreed to adjourn consideration of this item to the meeting of this Committee to be held on 29th February, 2024 to await the outcome of court proceedings and to continue the suspension of the Taxi Drivers Licence held by T N in the interim period with immediate effect.

(e) 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 Cs fitness to hold a Taxi Drivers Licence be held at the meeting of the Licensing Sub-Committee to be held on 28th March, 2024.

(f) TAXI OPERATOR - REQUESTS FOR SUSPENSION HEARINGS

There was submitted a letter of information from the Fleet Manager. 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 C Ss fitness to hold a Taxi Operators Licence be held at the meeting of the Licensing Sub-Committee to be held on 28th March, 2024.

There was submitted a report from the Fleet Manager. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider A Cs fitness to hold a Taxi Operators Licence be held at the meeting of the Licensing Sub-Committee to be held on 28th March, 2024.

There was submitted a report from the Fleet Manager. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider Company Ds fitness to hold a Taxi Operators Licence be held at the meeting of the Licensing Sub-Committee to be held on 28th March, 2024.

There was submitted a report from the Fleet Manager. The Committee gave consideration to the content of the report. Thereafter, having heard from the Legal Officer, the Committee agreed that a hearing to consider Company Ss fitness to hold a Taxi Operators Licence be held at the meeting of the Licensing Sub-Committee to be held on 28th March, 2024.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held remotely on 10th January, 2024.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Roisin SMITH

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 grounds 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

There were no declarations of interest.

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 L G during the currency of their Taxi Driver Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from 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 L G be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of LG to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.

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

APPENDIX II

Present:-

Councillor Stewart HUNTER

Councillor Roisin SMITH

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 grounds 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

There were no declarations of interest.

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 B G during the currency of their Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard from 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 B G be suspended with immediate effect and that a suspension hearing be held in due course in relation to the fitness of B G to be the holder of a Taxi Drivers Licence.

Stewart HUNTER, Convener.