241023 Licensing Minute (Final)

North Ayrshire Council · 20 November 2024
Back to Licensing Committee — 20 November 2024 and its agenda

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Licensing Committee
23 October 2024
At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m.
involving a combination of participation by remote electronic means and physical
attendance within the Council Chambers, Irvine
Present (Physical Participation)
Eleanor Collier, John Bell, Cameron Inglis, Christina Larsen and Ronnie Stalker.
Present (Remote Participation)
Donald L. Reid and Angela Stephen.
In Attendance
R. Lynch, Senior Manager (Legal Services); D. Robertson, Enforcement Officer, C.
Pollock, Licensing Manager, A. Kellas, Administration Assistant and S. Dalgoutte,
Senior Clerical Assistant (Licensing); and C. Stewart, Committee Services Officer
(Corporate Services).
Chair
Councillor Collier in the Chair.
Apologies
Nairn Angus-McDonald, Jean McClung and Matthew McLean.
1. Chair’s Opening Remarks
The Chair welcomed those present and intimated her intention to vary the Order of
Business as hereinafter minuted.
2. 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.  
3. Minutes
The accuracy of the Minutes of (i) the Ordinary Meeting of the Licensing Committee
held on 11 September 2024; and (ii) the Special Meeting held on 17 September
2024 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of
Schedule 7 of the Local Government (Scotland) Act 1973.
4. Exclusion of the Public
The Committee resolved, under Section 50A(4) of the Local Government (Scotland)
Act 1973, to exclude from the Meeting the press and the public, for Case 3 in respect
of Agenda Item 3 (subsequently re-numbered as Agenda Item 5 for the purposes of
the Minute) (Civic Government (Scotland) Act 1982 and other Licensing Statutes:
Licensing Matters) on the grounds that they involved the likely disclosure of Exempt
Information as defined in Section 50J of, and Schedule 7A to, the Local Government
(Scotland) Act 1973.

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The 'Exempt Information' concerned is information of the type described in one or
more of Paragraphs 3, 6, 14 and 15 of Part 1 of Schedule 7A to the Act: 
3. "Information relating to any particular applicant for, or recipient or former
recipient of, any service provided by the authority."
6. "Information relating to the financial or business affairs of any particular
person (other than the authority)."
14. "Any action taken or to be taken in connection with the prevention,
investigation or prosecution of crime."
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 past,
present or future crime, breach of statutory duty, breach of planning control, or
nuisance."
5. Civic Government (Scotland) Act 1982 and other Licensing Statutes: 
Licensing Matters
5.1 Taxi Driver Licence: TDL/1470: Kerr Chapman (Case 3 in agenda)
The licence-holder, having been duly cited to attend, was present.  A representative
from Police Scotland was in attendance.
Police Scotland addressed the Committee on the terms of a letter setting out their
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. The licence-holder and representative from
Police Scotland then withdrew to allow the Committee to deliberate.
Thereafter the licence-holder and representative from Police Scotland re-joined the
meeting, with the same Members and Officers present and in attendance, to hear the
Committee’s decision.
Decision
Councillor Collier, seconded by Councillor Larsen, moved that the Committee direct
the Clerk to issue a warning letter to the licence-holder.  There being no amendment,
the motion was declared carried. 
Accordingly, the Committee agreed to direct the Clerk to issue a warning letter to the
licence-holder.
5.2 Taxi Driver Licence: TDL/1780 (Renewal): John Swindle (Case 4 in
agenda)
The licence-holder, having been duly cited to attend, was present.  A representative
from Police Scotland was in attendance.
Police Scotland addressed the Committee on the terms of a letter setting out their
representation.

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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. The applicant and representative from Police
Scotland then withdrew to allow the Committee to deliberate.
Thereafter the licence-holder and representative from Police Scotland re-joined the
meeting, with the same Members and Officers present and in attendance, to hear the
Committee’s decision.
Decision
Councillor Larsen, seconded by Councillor Bell, moved that the application be
refused on the basis that the licence-holder was not a fit and proper person to hold
the Licence applied for, in terms of Paragraph 5(3)(a)(ii) of Schedule 1 to the Civic
Government (Scotland) Act 1982.  As an amendment, Councillor Stalker, seconded
by Councillor Inglis, moved that the Licence applied for be granted.
On a division and a roll call vote, there voted for the amendment Councillors Inglis
and Stalker (2) and for the motion, Councillors Collier, Bell, Larsen, Donald L. Reid
and Stephen (5), and the motion was declared carried.
Accordingly, the Committee agreed that the application be refused.
5.3 Short Term Let: NA00711P: Kelly Burns (Case 1 in agenda)
The applicant having been duly cited to attend, was present and addressed the
Committee and responded to questions. No objector was present but their written
objection in relation to the application was taken into consideration by the
Committee.
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 Stalker, moved that the application be
granted. There being no amendment, the motion was declared carried.
Accordingly, the Committee agreed to grant the application under The Civic
Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32
("the STL Order") subject to (a) the Mandatory Conditions set out in Schedule 3 to
the STL Order and (b) the additional local condition set out as "The First Exception"
in Paragraph 10(b) of the Committee's "Licensing Policy Statement on Short-Term
Let Licensing".
5.4 Short Terms Let: NA00732P: Karen Pajovic (Case 2 in agenda)
The applicant having been duly cited to attend, was present and addressed the
Committee and responded to questions.  The objector was present and addressed

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the Committee and their written objection in relation to the application was also taken
into consideration by the Committee.
The Committee agreed that it had sufficient information available to allow it to make
a decision in respect of this matter.
Decision
Councillor Bell, seconded by Councillor Stalker, moved that the application be
granted. There being no amendment, the motion was declared carried.
Accordingly, the Committee agreed to grant the application under The Civic
Government (Scotland) Act 1982 (Licensing of Short-Term Lets) Order 2022 No. 32
("the STL Order") subject to (a) the Mandatory Conditions set out in Schedule 3 to
the STL Order and (b) the additional local condition set out as "The First Exception"
in Paragraph 10(b) of the Committee's "Licensing Policy Statement on Short-Term
Let Licensing".
5.5 Taxi Licence: TDL/462 (New): Alexander Davidson (Case 5 in agenda)
The licence-holder, having been duly cited to attend, was present.
The licence-holder addressed the Committee on the issues raised and responded to
questions.
Decision
Councillor Stalker, seconded by Councillor Inglis, moved that the application be
treated as an exception to the Council’s Vehicle Specification Policy which required
the use of a Wheelchair Accessible Vehicle.  There being no amendment, the motion
was declared carried.
Accordingly, the Committee unanimously agreed to (a) treat the application as an
exception to the Council’s Vehicle Specification Policy for the purposes of Section
10(2) of the Civic Government (Scotland) Act 1982; (b) treat the case as an
exception to the part of the Policy requiring the use of a Wheelchair Accessible
Vehicle; and (c) delegate authority to the Solicitor (Licensing) to grant the
application.
5.6 Private Hire Car Licence: PHCL/383 (New): Andrew Tremble (Case 6 in
agenda)
The applicant, having been duly cited to attend, was present.
The applicant addressed the Committee on the issues raised and responded to
questions.
Decision
Councillor Larsen, seconded by Councillor Stalker, moved that the application be
treated as an exception to the Council’s Vehicle Specification Policy which required

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the use of a Wheelchair Accessible Vehicle.  There being no amendment, the motion
was declared carried.
Accordingly, the Committee unanimously agreed to (a) treat the application as an
exception to the Council’s Vehicle Specification Policy for the purposes of Section
10(2) of the Civic Government (Scotland) Act 1982; (b) treat the case as an
exception to the part of the Policy requiring the use of a Wheelchair Accessible
Vehicle; and (c) delegate authority to the Solicitor (Licensing) to grant the
application.
6. Review and Fixing of Taxi Scales (Civic Government (Scotland) Act 1982,
Sections 17 to 18A)
Submitted report by the Head of Democratic Services requesting consideration of the
taxi fare review.
The Senior Manager (Legal Services) was heard in further explanation of the report.
Councillor Collier, seconded by Councillor Stalker, moved that the Committee agree
to (a) consider representations on the proposed Scales; (b) fix new Scales; and (c)
the date of 18 November 2024 as being the date on which the new Scales would
become effective.  There being no amendment, the motion was declared carried.
7. Urgent Items
There were no urgent items.
The meeting ended at 12.35 p.m.
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home