250108 Licensing Minute
North Ayrshire Council · 5 February 2025
Back to Licensing Committee — 5 February 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Licensing Committee 8 January 2025 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, Nairn Angus-McDonald, Cameron Inglis, Christina Larsen, Jean McClung, Matthew McLean, Donald L. Reid and Ronnie Stalker. Present (Remote Participation) John Bell and *Angela Stephen. *Attended later in meeting. In Attendance D. Grier, Solicitor (Legal Services); D. Robertson, Civic Licensing Standards Officer, C. Pollock, Licensing Manager, A. Kellas, Administration Assistant and S. Dalgoutte, Senior Clerical Assistant (Licensing); and C. Stewart, Committee Services Officer (Corporate Services). Also in Attendance Sergeant David Markin and Aileen Dempster (Police Scotland). Chair Councillor Collier in the Chair. 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 20 November 2024 will be 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/02490: Sarah Connolly (New) The applicant, 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 applicant 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 applicant 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. Note: Councillor Stephen joined the meeting during consideration of this item. Decision Councillor Inglis, seconded by Councillor McClung, moved that the application be granted. As an amendment, Councillor Larsen, seconded by Councillor Reid, moved that the Committee refuse the application on the basis that the applicant was not considered to be a fit and proper person to hold such a licence. On a division and a roll call vote, there voted for the amendment Councillors Bell, Larsen and Reid (3) and for the motion, Councillors Collier, McDonald, Inglis, McClung, McLean, Stalker and Stephen (7), and the motion was declared carried. Accordingly, the Committee agreed to grant the application subject to the Council’s standard conditions in terms of Paragraph 5(1)(a) of Schedule 1 of the Civic Government (Scotland) Act 1982. 3.2 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. Decision Councillor Larsen, seconded by Councillor Angus-McDonald, 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. 3.3 Short Term Let: NA00790N: Louise Mulvenny
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It was noted that this application had been continued from the meeting of the
Licensing Committee on 20 November 2024, to an appropriate future meeting so that
both parties could be cited to appear and be questioned by Members, and (as a
special exception) to join the meeting online if necessary. The applicant, having been
duly cited to attend, was present and addressed the Committee and responded to
questions.
It was noted that one of the objector’s in respect of the application was not in
attendance, but their written representation would be considered by the Committee.
Another objector to the application was in attendance and both spokespersons
addressed the Committee, in respect of their representation, and also 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 Angus-McDonald, seconded by Councillor Reid, 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".
4. Public Entertainment Resolution under the Civic Government (Scotland)
Act 1982
Submitted report by the Head of Democratic Services requesting consideration of the
Public Entertainment Resolution.
The Senior Manager and the Solicitor (Legal Services) were heard in clarification of
certain matters as well as in answer to Members’ questions.
The Committee agreed to continue consideration of the report to a future meeting, to
enable further consultation to take place on the proposed resolution.
5. Urgent Items
There were no urgent items.
The meeting ended at 11.30 a.m.
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home