Agenda Document Pack - Licensing Committee - 09/09/2026
North Ayrshire Council · 9 September 2026
Back to Licensing Committee — 9 September 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee A Meeting of the Licensing Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 09 September 2026 at 10:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. Licensing Exemption Para Please note that, whilst the items on this Agenda are public documents, consideration of some reports at the meeting may necessitate the passing of a resolution to exclude from the meeting the press and public in terms of Section 50A(4) of the Local Government (Scotland) Act 1973. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 12 August 2026 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 Civic Government (Scotland) Act 1982 and Other Licensing Statutes : Licensing Matters Submit report by the Head of Democratic Services on hearings to be determined, all in terms of the Civic Government (Scotland) Act 1982 (copy enclosed). 1
Page 2
North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home,where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
Page 3
North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee Sederunt Eleanor Collier (Chair) Nairn McDonald (Vice-Chair) John Bell Cameron Inglis Christina Larsen Matthew McLean Donald L. Reid Ronnie Stalker Angela Stephen Chair: Apologies: Attending: 3
Page 4
4
Page 5
Licensing Committee 12 August 2026 IRVINE, 12 August 2026 - At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. involving participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Eleanor Collier, Cameron Inglis, Christina Larsen, Matthew McLean, Donald L. Reid, and Ronnie Stalker. Present (Remote Participation) John Bell In Attendance D. Grier, Solicitor; C. Pollock, Licensing Manager; S. Dalgoutte, Senior Clerical Assistant (Licensing); D. Robertson, Civic Licensing Standards Officer (Legal Services); and H. Young, Senior Committee Services Officer (Democratic Services) (Corporate Services). Also in Attendance Licensing Sergeant S. Gray and A. Dempster, Licensing Administrator (Police Scotland). Chair Councillor Collier in the Chair. Apologies Angela Stephen. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The accuracy of the Minutes of the Meeting of the Licensing Committee held on 3 June 2026 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Civic Government (Scotland) Act 1982 and other Licensing Statutes: Licensing Matters 3.1 Taxi Driver Licence: TDL/002247: Desmond Quigley The licence-holder, having been duly cited to attend, was not present. Representatives from Police Scotland were in attendance. Police Scotland addressed the Committee on the terms of a letter requesting revocation of the licence under paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982. Agenda Item 2 5
Page 6
The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Inglis, seconded by Councillor McLean, moved that the Committee revoke the Taxi Driver Licence with immediate effect. There being no amendment, the motion was declared carried. Accordingly, the Committee was satisfied, in terms of paragraph 11(2)(a) of Schedule 1 to the Civic Government (Scotland) Act 1982, that the licence-holder was no longer a fit and proper person to hold a Taxi Driver Licence and agreed to revoke the licence. Having regard to the recent and serious nature of the licence-holder's conviction, the Committee was satisfied that the circumstances required the revocation to have immediate effect in terms of paragraph 11(10). 3.2 Taxi Driver Licence: TDL/02616 (New): Liam Campbell The applicant, having been duly cited to attend, was not present. Representatives from Police Scotland were in attendance. Police Scotland addressed the Committee on the terms of a letter setting out their objection. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Larsen, seconded by Councillor D.L. Reid, moved that the application be refused. There being no amendment, the motion was declared carried. Accordingly, having considered the Police Scotland objection, the nature and seriousness of the applicant's previous convictions, the Committee refused the application under paragraph 5(3)(a)(ii) of Schedule 1 to the Civic Government (Scotland) Act 1982 on the basis that the applicant was not a fit and proper person to hold a Taxi Driver Licence. 3.3 Private Car Hire Licence: PHCL/388 (New): Mark Macfarlane The applicant, having been duly cited to attend, was present and addressed the Committee on the issues raised and responded to questions. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. Decision Councillor Stalker, seconded by Councillor D.L. Reid, moved that the proposed vehicle be treated as an exception to the part of the Council's Vehicle Specification Policy requiring a wheelchair-accessible vehicle. There being no amendment, the motion was declared carried. 6
Page 7
Accordingly, having considered the applicant's representations concerning the particular nature and proposed location of the operation, the Committee unanimously agreed that the circumstances justified a departure from the wheelchair-accessibility requirement in the Council's Vehicle Specification Policy. The Committee delegated authority to the Solicitor (Licensing) to grant the application only once satisfied that the vehicle was suitable in type, size and design, having regard to the approved policy departure, and that the remaining safety and insurance requirements of section 10(2) of the Civic Government (Scotland) Act 1982 had been met. 3.4 Street Trader Operator Licence: STL/O/563 (Amendment): Karen Ballantine The licence-holder, having been duly cited to attend, was present and addressed the Committee and responded to questions. The Committee agreed that it had sufficient information available to allow it to determine the application. In determining the application, the Committee had regard to the terms of the application and the relevant provisions of Schedule 1 to the Civic Government (Scotland) Act 1982. Decision Councillor Stalker, seconded by Councillor Inglis, moved that the Committee vary the terms of Street Trader Operator Licence STL/O/563 under paragraph 10 of Schedule 1 to the Civic Government (Scotland) Act 1982 by amending the itinerant trading condition to permit the licence-holder to remain at one location for up to 60 minutes. There being no amendment, the motion was declared carried. In reaching its decision, the Committee had regard to the fact that the goods were prepared in advance and sold from the vehicle, without an oven or any substantial preparation being required at the trading location. It considered that a 60-minute period provided a proportionate degree of additional flexibility in those circumstances. The Committee also noted the continuing requirement under condition A.11(b) for the licence-holder to obtain written permission from the owner or lawful occupier of any land, road or premises used for trading. 3.5 Street Trader Operator Licence: STL/O/574 (New) – Ellwoods Pizza Ltd The applicant, having been duly cited to attend, was present and addressed the Committee and responded to questions. The Committee agreed that it had sufficient information available to allow it to determine the application. In determining the application, the Committee had regard to the terms of the application and the relevant provisions of Schedule 1 to the Civic Government (Scotland) Act 1982. 7
Page 8
Decision Councillor Stalker, seconded by Councillor D.L. Reid, moved that the application be granted subject to the itinerant trading condition being modified to permit the licence- holder to remain at one location for up to two hours. There being no amendment, the motion was declared carried. In reaching its decision, the Committee distinguished this application from operations involving goods prepared in advance. It accepted that the pizza oven required approximately one hour to reach operating temperature, could not safely be lit while the vehicle was in transit, and was required for pizzas to be prepared and cooked to order. The Committee considered that those operational requirements justified the two-hour condition. It also noted the continuing requirement under condition A.11(b) to obtain written permission from the owner or lawful occupier of any land, road or premises used for trading. Councillor Stalker left the meeting at this point. 3.6 Street Trader Operator Licence: STL/O/567 (Amendment): Alexandra Broadley The licence-holder, having been duly cited to attend, was present and addressed the Committee and responded to questions. The Committee agreed that it had sufficient information available to allow it to determine the application. In determining the application, the Committee had regard to the terms of the application and the relevant provisions of Schedule 1 to the Civic Government (Scotland) Act 1982. Decision Councillor Collier, seconded by Councillor McLean, moved that the Committee vary the terms of Street Trader Operator Licence STL/O/567 under paragraph 10 of Schedule 1 to the Civic Government (Scotland) Act 1982 by amending the itinerant trading condition to permit the licence-holder to remain at one location for up to 60 minutes. There being no amendment, the motion was declared carried. In reaching its decision, the Committee had regard to the fact that the goods were prepared in advance and sold from the vehicle, without an oven or any substantial preparation being required at the trading location. It considered that a 60-minute period provided a proportionate degree of additional flexibility in those circumstances. The Committee also noted the continuing requirement under condition A.11(b) to obtain written permission from the owner or lawful occupier of any land, road or premises used for trading. Councillor Stalker rejoined the meeting at this point. 8
Page 9
3.7 Short Term Let Licence: NA00980N (New) – Katie O’Connor The applicant, having been duly cited to attend, was present and addressed the Committee and responded to questions. The objector to the application was not in attendance. The Committee agreed that it had sufficient information available to allow it to determine the application. In determining the application, the Committee had regard to the terms of the application, the written objection, the applicant's representations, the definition of accommodation within the short-term let licensing framework, and the relevant provisions of Schedule 1 to the Civic Government (Scotland) Act 1982. Decision Councillor Collier, seconded by Councillor McLean, moved that the application be refused. There being no amendment, the motion was declared carried. Accordingly, the Committee was satisfied, in terms of paragraph 5(3)(c) of Schedule 1 to the Civic Government (Scotland) Act 1982, that the premises were not suitable or convenient for the conduct of the proposed short-term let. It had regard in particular to the location, character and condition of the premises, the nature and extent of the proposed activity, the kind of persons likely to use the premises, the possibility of undue public nuisance and public safety. The Committee noted that accommodation for the purposes of the short-term let licensing framework may comprise a whole building or any part of a building or structure and therefore considered the wider internal arrangements within the building. The neighbouring resident's only toilet and shower room did not form part of her own flat and was accessed from the same internal hallway through which short-term let guests would pass. The Committee placed significant weight on the objection and considered that the frequent presence of different and unknown guests within that shared area gave rise to legitimate safety and security concerns and the possibility of nuisance and interference with the neighbour's peaceful enjoyment of her home. Having carefully balanced those concerns against the applicant's proposed management arrangements and representations in support of the application, the Committee concluded that the concerns were not adequately addressed and refused the application. 3.8 Taxi Driver Licence: TDL/00280: Alister Gill The licence-holder, having been duly cited to attend, was present. The Civic Licensing Standards Officer addressed the Committee on the terms of a report setting out his representation. The licence-holder then addressed the Committee on the issues raised and responded to questions. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. 9
Page 10
Decision Councillor Larsen, seconded by Councillor D.L. Reid, moved that the licence-holder's Taxi Driver Licence be suspended for 21 days. There being no amendment, the motion was declared carried. Accordingly, the Committee was satisfied that the complaint was justified and that the ground in paragraph 11(2)(c) of Schedule 1 to the Civic Government (Scotland) Act 1982 was established, the licence-holder having contravened the condition prohibiting smoking in a licensed vehicle. In determining that a 21-day suspension was appropriate, the Committee had regard to the previous written warning issued to the licence-holder for a similar breach. The Committee did not order that the suspension take immediate effect. 4. Review of Standard Conditions Applying to Street Trader Licences There was submitted a report by the Head of Democratic Services on the operation of the current 20-minute movement condition, seeking approval of identified amendments to the standard conditions applying to Street Trader Licences. The Committee unanimously agreed to continue consideration of the report to a future meeting to allow further consideration of the proposed conditions and further internal discussions to take place. The meeting ended at 12.05 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 10
Page 11
NORTH AYRSHIRE COUNCIL 9 September 2026 Licensing Committee Title: Civic Government (Scotland) Act 1982 and other Licensing statutes: Licensing Matters Purpose: To advise the Committee of: a) Hearings to be determined Recommendation: 1) That the Committee should decide whether or not to make a Resolution excluding the public from the meeting at which any of the matters in this Report are to be considered; 2) That the Committee consider and determine the matters before them. 1. Executive Summary 1.1 The Licensing Committee's remit is to exercise the Council's licensing functions. These functions arise under many statutes, mainly the Civic Government (Scotland) Act 1982. Depending on the legislation and the circumstances of each individual case, the Committee is entitled to grant, refuse, renew, vary, suspend and revoke Licences. 2. Background 2.1 The Committee’s business under the 1982 Act is as follows: Appendix A - Licences and Permits where Hearings have been convened Exempt Information 2.2 The Committee will consider "Exempt Information" under the Local Government (Scotland) Act 1973, Schedule 7A. The information is covered by one or more of the following categories of "Exempt Information" under Schedule 7A: Paragraph 3: "Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority." Paragraph 6: "Information relating to the financial or business affairs of any particular person (other than the authority)." Paragraph 14: "Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime." Paragraph 15: "The identity of a Protected Informant" - where "Protected Informant" is defined in Part III as a person who informs the Local Authority about a Agenda Item 3 11
Page 12
past, present or future crime, breach of statutory duty, breach of planning control, or nuisance. 2.3 The details of the cases in the Appendix, with any relevant documents (such as letters from the Police or objectors) are in the background papers given to Committee Members and will be sent to the respective Applicants or Licence-Holders before the Meeting. The Schedules are excluded from the published Agenda under Local Government (Scotland) Act 1973, Section 50B(2) and (5). This has been done as the Clerk considers that the meeting is likely not to be open to the public while those Schedules are being considered, as they contain "Exempt Information". 2.4. The Committee is entitled, but not obliged, to make a Resolution excluding the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of "Exempt Information" (Section 50A(4)). 2.5. For example: Paragraph 3 could apply in relation to information or advice requested by a member of the public. Paragraph 6 could apply to a business activity (such as where an Applicant wants a Licence for business or employment). Paragraphs 14 or 15 could apply where it was alleged that there was criminal conduct or anti-social behaviour committed by or against a Licence-Holder or Applicant for a Licence, or where the Committee was told that any person had committed a criminal offence (whether or not there had been concluded Court proceedings). 2.6. Accordingly, if a Resolution is made: (a) the publicly-accessible Minutes will exclude so much of the proceedings during which the public were excluded (Section 50C); (b) the Minutes will include a summary of the proceedings without disclosing the ‘Exempt Information’ (Sections 50C(2) & 50C(1)(b)). 3. Proposals 3.1 It is proposed that the Committee consider and determine each of the listed cases in accordance with the required procedure. 4. Implications/Socio-economic Duty Financial 4.1 There are possible financial implications in relation to any Licensing decision. Human Resources 12
Page 13
4.2 None
Legal
4.3 There are possible legal implications in relation to any licensing decision. Depending on
the legislation, there may be a right of appeal.
Equality/Socio-economic
4.4 Equality Act 2010 imposes duties on the Council:
Section 1(1) ("Public sector duty regarding socio-economic inequalities"): the Council
"must, when making decisions of a strategic nature about how to exercise its
functions, have due regard to the desirability of exercising them in a way that is
designed to reduce the inequalities of outcome which result from socio-economic
disadvantage."
Section 149(1) ("Public sector equality duty"): the Council
"must, in the exercise of its functions, have due regard to the need to -
(a) eliminate discrimination, harassment, victimisation and any other conduct
that is prohibited by or under [that Act];
(b) advance equality of opportunity between persons who share a "Relevant
Protected Characteristic" and persons who do not share it;
(c) foster good relations between persons who share a "Relevant Protected
Characteristic" and persons who do not share it."
The "Relevant Protected Characteristics" are: age; disability; gender
reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual
orientation.
The Clerk has considered these Duties in preparing this Report and any specific impacts
will be evaluated where appropriate. Unless the Clerk advises the Committee otherwise in a
particular case, there are no significant impacts to be considered Climate Change and
Carbon
4.5 None.
Key Priorities
4.6 North Ayrshire Council has priorities for "Communities and Local Democracy" and
"Wellbeing" in the Council Plan 2023-2028 An effective licensing system, e.g.
monitoring the 'fit and proper' status of hire-car drivers and the safety of their cars, helps
achieve Strategic Aim-Wellbeing.
Community Wealth Building
4.7 There are no Community Wealth Building issues.
Islands Communities Impact Assessment (ICIA)
13Page 14
4.8 None United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 None 5. Consultation 5.1 Consultations have been undertaken where appropriate with Police Scotland, Scottish Fire and Rescue, and Council Directorates. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Manager, Legal Services, on Licensing@north-ayrshire.gov.uk. Background Papers None 14
Page 15
Appendix A Case 1 Applicant Taxi Driver Licence Cetin Ozdemir TDL/02363 Case 2 Applicant Taxi Licence Scott Dalzell TL/026 (Substitution) Case 3 Applicant Short Term Let Licence Vivya Properties Ltd NA01008N (New) Case 4 Applicant Short Term Let Licence Ashley Wilson NA01005P (Provisional Licence) 15
Page 16
16