Agenda Document Pack - Licensing Committee - 13/08/2025
North Ayrshire Council · 13 August 2025
Back to Licensing Committee — 13 August 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, 13 August 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 4 June 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). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3 Review and Fixing of Taxi Scales (Civic Government (Scotland) Act 1982, Sections 17 to 18A) Submit report by the Head of Democratic Services to advise of the proposed timetable for the Review and Fixing Process and seeking approval of the suggested process of Trade Consultation with Taxi Operators (copy enclosed). 4 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). 5 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 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 4 June 2025 IRVINE, 4 June 2025 - At a Meeting of the Licensing Committee of North Ayrshire Council at 10.00 a.m. Present Eleanor Collier, Cameron Inglis, Christina Larsen, Jean McClung, Matthew McLean, Donald L. Reid and Ronnie Stalker and Angela Stephen. In Attendance D. Grier, Solicitor (Legal Services); D. Robertson, Civic Licensing Standards Officer, C. Pollock, Licensing Manager and A. Kellas, Administration Assistant (Licensing) and C. Stewart, Committee Services Officer (Corporate Services). Also in Attendance Sergeant David Markin and Constable Gavin Brown (Police Scotland). Chair Councillor Collier in the Chair. Apologies John Bell 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 7 May 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 Taxi Driver Licence: TDL/02537: John Welsh The applicant, having been duly cited to attend, was not present. Representatives from Police Scotland were in attendance. Councillor Collier, Chair, advised the Committee that the applicant had stated they could not attend the Committee due to prior work commitments, and had lodged a written representation instead. Police Scotland then addressed the Committee on the terms of a letter setting out their representation. Decision Agenda Item 2 5
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Councillor Larsen, seconded by Councillor McClung, moved that the Committee direct the Clerk to write to the applicant to ensure that they were in attendance to answer any questions Members may have and that consideration of the application be continued to the August meeting of the Committee. There being no amendment, the motion was declared carried. Accordingly, the Committee agreed to direct the Clerk to write to the applicant to ensure that they were in attendance to answer any questions Members may have and that consideration of the application be continued to the August meeting of the Committee. 3.2 Taxi Licence: TL/465: Mary Hewitt The applicant, having been duly cited to attend, was present. 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 McLean, seconded by Councillor Reid, 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. 4. Review and Update of Taxi and Private Hire Licensing Conditions Submitted report by the Head of Democratic Services presenting proposed updates to the licensing conditions for Taxis, Taxi Drivers, Wheelchair Accessible Taxis and Private Hire Cars. The Solicitor (Legal Services) and the Civil Licensing Standards Officer were heard in further explanation of the report, and associated appendices, as well as in answer to Members’ questions. The Committee agreed that (a) the proposed amendments to the various licensing conditions be revised on the basis discussed at the meeting; and (b) a further report be brought to a future meeting of the Committee to determine the revised conditions, including providing information on certain aspects thereof, as requested by Members. 6
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5. Urgent Items There were no urgent items. The meeting ended at 10.50 a.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 7
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NORTH AYRSHIRE COUNCIL 13th August 2025 Licensing Committee Title: Review and Fixing of Taxi Scales (Civic Government (Scotland) Act 1982, Sections 17 to 18A) Purpose: To advise Committee of procedure Recommendation: That the Committee agree a) To approve the proposed timetable for the Review and Fixing Process, as set out in the Appendix to this Report: and b) To approve the suggested process of Trade Consultation with Taxi Operators. 1. Executive Summary 1.1 The Licensing Committee exercise the functions of the Council as "Licensing Authority" under many statutes, including the Civic Government (Scotland) Act 1982 (as amended by the Criminal Justice and Licensing (Scotland) Act 2010). 1.2 Taxi fares and other charges are limited to the Scales fixed by the Licensing Authority (1982 Act, Section 17). These are the maximum amounts which may be charged. It is open to Operators to discount these rates if they wish. The fares charged by Private Hire Cars are not regulated. 1.3 The Licensing Authority must periodically review the Scales and fix new Scales. Each review must conclude with a decision to fix new Scales within 18 months of the current Scales coming into effect. The current Scales came into force on 18 November 2024 so the Licensing Authority would have had to fix the new Scales by 18 May 2026. The current Scales remain in effect whether or not they are reviewed by that date. 1.4 The Appendix to this Report sets out a possible timetable for the review process. There is a statutory obligation to consult with Taxi Operators. 2. Background 2.1 The procedure for reviewing and fixing Scales is set by the 1982 Act, and consists of a number of stages: (a) First Committee Meeting - Trade Consultation (Section 17(4A)(a)) Before fixing Scales, the Licensing Authority must consult with persons or organisations appearing to it to be, or to be representative of, the operators of taxis operating within its area. The legislation specifies that consultation must happen but does not prescribe Agenda Item 3 9
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the form that that consultation must take. Although later stages of the review process involve consultation with the general public, Stage (a) only involves the Trade. Consultation proceeded by Taxi Operators meeting Committee Members in one of the meeting rooms at Cunninghame House. The Council would send emails to the principal trade associations and to individual holders of Taxi Licences inviting them to attend, inform them of the date and time of the meeting with Committee Members, and invite them to respond if they wish to participate in that meeting. In addition, a Notice would be posted on the Council's Facebook page explaining the procedure and telling operators how they can participate. Whether or not operators wished to participate directly, they would be told that they could make representations by sending emails to the Licensing office. (b) Second Committee Meeting - Proposal (Section 17(4A)(b)) Following the Trade Consultation, the Licensing Authority must review the existing Scales, and propose new Scales, whether at altered rates or the same rates; (at this stage all that the Council are doing is proposing new Scales; the decision to fix them does not happen until later, after public consultation); (c) Public Consultation - First Advertisement (Section 17(4A)(c)) Following such Review the Licensing Authority must publish the proposed Scales in a newspaper circulating in its area, stating that any person may make representations in writing until a specified date falling at least one month after the first publication. Previous advertisements have appeared in local newspapers. (d) Third Committee Meeting - Fixing the Scale (Section 17(2)) The Licensing Authority must consider such representations and fix the Scales. (e) Notification to Trade (Section 17(4D), 17(5)) The Licensing Authority informs both individual operators and trade organisations within 7 days of the Scales being ‘fixed’. Any of them may appeal to the Traffic Commissioner within 14 days of receiving Notice, and Appeal suspends the decision to fix new Scales (Section 18(4)). (f) and (g) Second Advertisement (Section 18A) The Licensing Authority is to publish the new Scales in local newspapers. The date of publication depends on whether or not there is an appeal: - If there has been no appeal, publication occurs as soon as practicable after the expiry of the 14-day appeal period. - If there is an appeal, publication occurs as soon as practicable after the determination of the appeal. Publication is not a ‘consultation’ but is simply informing the public that the new Scales have been fixed and will shortly come into effect. 10
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3. Proposals 3.1 It is proposed that the Committee agree to: (a) approve the proposed timetable for the review process as set out in the appendix to the report; and (b) set a date and time to meet with the Trade to carry out Trade Consultation (Stage (a)). 4. Implications/Socio-economic Duty Financial 4.1 The Taxi fare structure has substantial implications for both the trade and the community. In addition, legal costs to the Licensing Authority may arise if the fare review becomes subject to an appeal to the Traffic Commissioner, which may affect future Licence fees. Human Resources 4.2 None Legal 4.3 Possible appeal to the Traffic Commissioner. Equality/Socio-economic 4.4 None. An "Equality Impact Assessment" is not considered necessary. There are no socio-economic implications of the proposals. 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. Community Wealth Building 4.7 There are no Community Wealth Building Issues. Islands Communities Impact Assessment (ICIA) 4.8 None 11
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United Nations Rights of the Child (UNCRC) 4.9 None Consumer Duty 4.10 The review of taxi fares supports consumer protection by ensuring that fare structures remain transparent, proportionate and are fair to both the Trade and the general public. 5. Consultation 5.1 No consultations are necessary or appropriate at this stage of the statutory process, which will later involve consultation with the Trade and the general public. Aileen Craig Head of Democratic Services For further information please contact Raymond Lynch, Senior Manager, Legal Services, on licensing@north-ayrshire.gov.uk. Background Papers Possible timetable 12
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Possible timetable – Taxi Fare Review 2025 Stage Event - FIRST COMMITTEE MEETING on 13 August 2025 The initial timetabling meeting - Members set date for the Trade Meeting. Stage (a) Trade Meeting (usually within one or two months after the FIRST COMMITTEE MEETING) Stage (b) SECOND COMMITTEE MEETING on 12 November 2025 or 10 December 2025 The Committee: 1. adopts draft proposals, and 2. authorises that these be advertised for public comment Stage (c) public consultation period (one month or more) Stage (d) THIRD COMMITTEE MEETING likely March or April 2026. Committee: 1. considers the Trade views and the consultation responses. 2. Fixes the Scales, setting a date for them to be effective - that date re-starts the 18-month 'review clock'. Stage (e) Notification to Trade The Licensing Authority informs both individual operators and trade organisations within 7 days of the Scales being ‘fixed’. Stage (f) Publication of new Scales by 18 May 2026 13
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NORTH AYRSHIRE COUNCIL 13 August 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 4 15
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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. 16
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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. Islands Communities Impact Assessment (ICIA) 4.8 None. United Nations Rights of the Child (UNCRC) 4.9 None. Consumer Duty 4.10 None. 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 18
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Appendix A Case 1 Taxi Driver Licence Private Hire Car Licence TDL/02197 PHCL/369 Applicant Gareth Wilkinson Case 2 Applicant Taxi Driver Licence Jordan Docherty TDL/02538 Case 3 Applicant Taxi Driver Licence John Welsh TDL/02537 Case 4 Applicant Short Term Let Audrey Kolon NA00878N Case 5 Applicant Short Term Let Philip Ryder NA00133F 19
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