Agenda Document Pack - Licensing Committee - 07/05/2025
North Ayrshire Council · 7 May 2025
Back to Licensing Committee — 7 May 2025 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, 07 May 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 2 April 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
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 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
Page 4
4
Page 5
Licensing Committee 2 April 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, Christina Larsen, Jean McClung, Matthew McLean and Ronnie Stalker. Present (Remote Participation) Donald L. Reid. In Attendance (Physical Participation) D. Grier, Solicitor (Legal Services); D. Robertson, Civic Licensing Standards Officer, C. Pollock, Licensing Manager, A. Kellas, Administration Assistant and S. Dalgoutte (Licensing); S. McKenzie, Senior Manager (Protective Services) and C. Stewart, Committee Services Officer (Corporate Services). In Attendance (Remote Participation) R. Lynch, Senior Manager (Legal Services). Chair Councillor Collier in the Chair. Apologies John Bell, Cameron Inglis and 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 5 March 2025 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 Public Entertainment Licence: PEL/789 (Temporary): Wesley Smith The applicant, having been duly cited to attend, was present. The applicant was also accompanied by a member of Ardrossan Community Development Trust. A representative from Environmental Health was also present to answer questions in relation to the application. Agenda Item 2 5
Page 6
The objector to the application was not in attendance but their written objection was taken into consideration by the Committee. The representative from Environmental Health was heard in clarification of certain matters. 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 Angus-McDonald, moved that the application be granted. There being no amendment, the motion was declared carried. Accordingly, the Committee agreed to grant the application subject to the Council’s standard conditions in terms of Paragraph 7(1) of Schedule 1 of the Civic Government (Scotland) Act 1982. 3.2 Public Entertainment Licence: PEL/791 (Temporary): John Thomson The applicant, having been duly cited to attend, was present. A representative from Environmental Health was also present to answer questions in relation to the application. An objector to the application was in attendance and addressed the Committee and responded to questions. The representative from Environmental Health was heard in clarification of certain matters as well as in answer to questions by Members. The Committee agreed that it had sufficient information available to allow it to make a decision in respect of this matter. The applicant and objector then withdrew to allow the Committee to deliberate. Thereafter the applicant and objector re-joined the meeting, with the same Members and Officers present and in attendance, to hear the Committee’s decision. Decision Councillor Reid, seconded by Councillor Larsen, moved that the application be granted. There being no amendment, the motion was declared carried. Accordingly, the Committee agreed to grant the applications subject to the Council’s standard conditions in terms of Paragraph 7(1) of Schedule 1 of the Civic Government (Scotland) Act 1982. 3.3 Short Term Let: NA00824N: Ian Kirsop 6
Page 7
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 objectors had
withdrawn their objection, but another written objection remained which 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 Angus-McDonald, seconded by Councillor McLean, 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".
3.4 Short Term Let: NA00841N: Mark Tracey
The applicant, having been duly cited to attend, was present and addressed the
Committee and responded to questions. The objectors were not present but their
written objections were 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 Stalker, seconded by Councillor McLean, 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. Urgent Items
There were no urgent items.
The meeting ended at 11.05 a.m.
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home
7Page 8
8
Page 9
NORTH AYRSHIRE COUNCIL 7 May 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
Page 10
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
Page 11
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.
11Page 12
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
Page 13
Appendix A Case 1 Taxi Driver Licence TDL/01648 Licence Holder Daniel Stewart Case 2 Licence Holder Taxi Driver Licence Graham Brown TDL/00690 Case 3 Applicant Taxi Licence Angela Murray TL/408 Case 4 Applicant Short Term Let Georgina and Reece Codona NA00852N Case 5 Applicant Short Term Let Catherine Mills NA00855N 13
Page 14
14