250205 Licensing Minute (Final)
North Ayrshire Council · 5 March 2025
Back to Licensing Committee — 5 March 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 5 February 2025 IRVINE, 5 February 2025 - At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. Present Eleanor Collier, John Bell, Cameron Inglis, Christina Larsen, Jean McClung, Matthew McLean, Donald L. Reid and Ronnie Stalker. In Attendance D. Grier, Solicitor (Legal Services); D. Robertson, Civic Licensing Standards Officer, C. Pollock, Licensing Manager, and S. Dalgoutte, Senior Clerical Assistant (Licensing); and C. Stewart, Committee Services Officer (Corporate Services). Also in Attendance Sergeant David Markin and Dawn Hastings (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 8 January 2025 were confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. 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 1 in respect of Agenda Item 3 (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. 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."
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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." 3. Civic Government (Scotland) Act 1982 and other Licensing Statutes: Licensing Matters 3.1 Taxi Driver Licence: TDL/01935: Andrew Watt The licence-holder, having been duly cited to attend, was present along with his representative. A representative from Police Scotland was in attendance. Police Scotland addressed the Committee on the terms of a letter setting out their representation. 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. Decision Councillor Collier, seconded by Councillor Larsen, moved that the Committee agree that the licence-holder’s Taxi Driver Licence be suspended for a period of 9 months, with immediate effect, subject to recall should any new information come to light. There being no amendment, the motion was declared carried. Accordingly, the Committee agreed to suspend the licence-holder’s Taxi Driver Licence for a period of 9 months, subject to recall should any new information come to light. 3.2 Taxi Licence: TL/463 (NEW): Gordon Smith; and Taxi Licence: TL/464 (NEW): Calvin Smith The applicants, having been duly cited to attend, were present. The applicants 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 Stalker, seconded by Councillor Inglis, moved that the applications 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.
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Accordingly, the Committee unanimously agreed to (a) treat the applications 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 cases 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 applications. 3.4 Taxi Driver Licence: TL/1003: David McComb 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 Reid, moved that the Committee direct the Clerk to issue a warning letter to the licence-holder. As an amendment, Councillor McLean, seconded by Councillor Bell, moved that the Committee direct the Clerk to issue a verbal warning to the licence-holder. On a division and a roll call vote, there voted for the amendment Councillors Bell and McLean (2) and for the motion, Councillors Collier, Inglis, Larsen, McClung, Reid and Stalker (6), and the motion was declared carried. Accordingly, the Committee agreed to direct the Clerk to issue a warning letter to the licence-holder. 3.5 Short Term Let: NA00824N: Ian Kirsop The applicant having been duly cited to attend, was present and addressed the Committee and responded to questions. An objector was present and addressed the Committee 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 The Committee unanimously agreed that the application be continued to a future meeting in order that the applicant re-displays the site notice at or nearby the property with advice that the applicant could provide photographs as evidence that the site notice has been appropriately displayed.
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Accordingly, the Committee agreed that the application be continued to a future meeting in order that the applicant re-displays the site notice at or nearby the property with advice that the applicant could provide photographs as evidence that the site notice has been appropriately displayed. 4. Urgent Items There were no urgent items. The meeting ended at 11.00 a.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home