Minute
North Lanarkshire Council · 13 June 2023
Back to Regulatory Committee — 13 June 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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REGULATORY - 13 JUNE 2023 84 Motherwell, 13 June 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McVey, Vice-Convener; Councillors Beveridge (paragraphs 1-5 only), Docherty, Dunbar, Fisher, Hughes, Robb, Shevlin, Thomas and Watson. CHAIR Councillor McVey (Vice-Convener) presided. IN ATTENDANCE The Principal Solicitor and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Sergeant Brown, Police Scotland (paragraphs 1-5 only). APOLOGIES Councillors Ballinger and McLaren DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, that the public be excluded from the meeting for the following items on the grounds that the business involved the likely disclosure of exempt information as defined in paragraphs 3 and 6 of Part 1 of Schedule 7A of the Act. HEARINGS (1) LATE HOURS CATERING LICENCE – NEW APPLICATION – ESJ RESTAURANTS LIMITED, McDONALD’S, CRAIGLINN PARK ROAD, CUMBERNAULD 2. There was submitted an application by ESJ Restaurants Limited for a Late Hours Catering Licence in respect of premises at McDonald’s, Craiglinn Park Road, Cumbernauld – Monday to Sunday from 11 pm until 5 am. The Committee then heard the applicant’s agent, Scott Flannigan, Anderson Strathern, Solicitors, who was accompanied by Elliott Jardine, Director of ESJ Restaurants Limited, speak in respect of the application. Thereafter, Scott Flannigan, Elliott Jardine and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter.
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REGULATORY - 13 JUNE 2023 85 Scott Flannigan, Elliott Jardine and the representative of Police Scotland were then re-admitted to the meeting. Decided: that the application by ESJ Restaurants Limited for a Late Hours Catering Licence in respect of premises at McDonald’s, Craiglinn Park Road, Cumbernauld – Monday to Sunday from 11 pm until 5 am be granted. (2) SECOND HAND DEALER’S LICENCE – RENEWAL – CUMBERNAULD CAR SALES, 18D CUMBERNAULD ROAD, MOLLINSBURN 3. There was submitted (1) an application by Cumbernauld Car Sales for the renewal of the company’s Second Hand Dealer’s Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn, and (2) a representation to the application received on behalf of the Chief Officer (Community Operations). The Committee then heard the Principal Solicitor advise that, for the reasons narrated, that consideration of the application required to be continued until a future date. Decided: that consideration of the application by Cumbernauld Car Sales for the renewal of the company’s Second Hand Dealer’s Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn, be continued until a future date. (3) PRIVATE HIRE CAR LICENCES – COMPLAINTS – STEWART HARPER – PSG LEASING LIMITED 4. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted complaints received from the Chief Constable, Police Scotland, relative to Stewart Harper, who currently held Private Hire Car Licences. The Committee then heard Sergeant Brown outline the Chief Constable’s complaints, and Stewart Harper’s agent, Neil McShane, KM Law, Solicitors, speak in respect of the complaints. Thereafter, Stewart Harper, Neil McShane and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Stewart Harper, Neil McShane and the representative of Police Scotland were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Docherty, moved that the complaints by the Chief Constable, relative to Stewart Harper, in respect of his Private Hire Car Licences be upheld. Councillor Fisher, seconded by Councillor Hughes, moved, as an amendment, that the complaints by the Chief Constable, relative to Stewart Harper, in respect of his Private Hire Car Licences be not upheld. On a vote being taken, 8 Members voted for the amendment, and 2 Members voted for the motion. The amendment was accordingly declared carried. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaints by the Chief Constable, relative to Stewart Harper, in respect of his Private Hire Car Licences, be not upheld.
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REGULATORY - 13 JUNE 2023 86 (4) PRIVATE HIRE CAR LICENCE – RENEWAL – STEWART HARPER – PSG LEASING LIMITED 5. There was submitted (1) an application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence, and (2) an objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown outline the Chief Constable’s objection to the application, and Stewart Harper and his agent, Neil McShane, KM Law, Solicitors, speak in support of the application. Thereafter, Stewart Harper, Neil McShane and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Stewart Harper, Neil McShane and the representative of Police Scotland were then re-admitted to the meeting. Councillor Watson, seconded by Councillor Docherty, moved that the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence be refused. Councillor Fisher, seconded by Councillor Beveridge, moved, as an amendment, that the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence be granted. On a vote being taken, 8 Members voted for the amendment, and 2 Members voted for the motion. The amendment was accordingly declared carried. Decided: that the application by Stewart Harper, T/A PSG Leasing Limited for the renewal of the company’s Private Hire Car Licence be granted. (5) TAXI OPERATOR’S LICENCE AND PRIVATE HIRE CAR LICENCE – RENEWALS (a) JAMES CRILLY AND CAROLINE CRILLY 6. There was submitted an application by James Crilly and Caroline Crilly for the renewal of their Taxi Operator’s Licence. The Principal Solicitor then advised the Committee that James Crilly and Caroline Crilly did not have an age compliant vehicle in accordance with the Council’s vehicle specification. The Committee then heard James Crilly speak in respect of the application for the renewal of the Taxi Operator’s Licence. Thereafter, James Crilly withdrew from the meeting and the Committee resumed consideration of the matter. James Crilly was then re-admitted to the meeting. Decided: that the application by James Crilly and Caroline Crilly for the renewal of their Taxi Operator’s Licence be granted for a period of 24 months, effective from 31 May 2023.
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REGULATORY - 13 JUNE 2023 87 (b) STEWART McGUINESS 7. There was submitted an application by Stewart McGuiness for the renewal of his Private Hire Car Licence. The Principal Solicitor then advised the Committee that Stewart McGuiness did not have an age compliant vehicle in accordance with the Council’s vehicle specification. The Committee then heard Stewart McGuiness speak in respect of the application for the renewal of his Private Hire Car Licence. Thereafter, Stewart McGuiness withdrew from the meeting and the Committee resumed consideration of the matter. Stewart McGuiness was then re-admitted to the meeting. Decided: that the application by Stewart McGuiness for the renewal of his Private Hire Car Licence be granted for a period of 24 months, effective from 31 January 2023.