Agenda Document Pack - Licensing Committee - 05/02/2025
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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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, 05 February 2025 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 8 January 2025 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
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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
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Licensing Committee Sederunt Eleanor Collier (Chair) Nairn Angus-McDonald (Vice-Chair) John Bell Cameron Inglis Christina Larsen Jean McClung Matthew McLean Donald L. Reid Ronnie Stalker Angela Stephen Chair: Apologies: Attending: 3
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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. Agenda Item 2 5
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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 6
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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
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NORTH AYRSHIRE COUNCIL 5 February 2025 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." Agenda Item 3 9
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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 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. 10
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Human Resources
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.
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Community Wealth Building 4.7 There are no Community Wealth Building issues. 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 12
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Appendix A Case 1 Taxi Driver Licence TDL/01935 Licence Holder Andrew Watt Case 2 Applicant Taxi Licence Gordon Smith TL/463 NEW Case 3 Applicant Taxi Licence Calvin Smith TL/464 NEW Case 4 Licence Holder Taxi Driver Licence David McComb TL/1003 Case 5 Applicant Short Term Let Ian Kirsop NA00824N 13
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