Minute
North Lanarkshire Council · 24 January 2023
Back to Regulatory Committee — 24 January 2023 and its agenda
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REGULATORY - 24 JANUARY 2023 52 Motherwell, 24 January 2023 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillor McVey, Vice-Convener; Councillors Ballinger, Baudo, Docherty, Dunbar, Fisher, Hughes, Robb, Shevlin, Thomas and Watson (paragraph 5 only). CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing) and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Sergeant Brown, Police Scotland. APOLOGIES Councillors Beveridge and Crichton. 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) SECOND HAND DEALERS LICENCE – RENEWAL – CUMBERNAULD CAR SALES 2. There was submitted (1) an application received from Cumbernauld Car Sales for the renewal of its Second Hand Dealers 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 Head of Regulatory Services and Waste Solutions. The Committee then heard the Solicitor (Licensing) advised 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 its Second Hand Dealers Licence in respect of the second hand car sales premises at 18D Cumbernauld Road, Mollinsburn be continued until a future date.
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REGULATORY - 24 JANUARY 2023 53 (2) PRIVATE HIRE DRIVER’S LICENCE – NEW APPLICATION – PAUL McCANN 3. There was submitted (1) an application by Paul McCann for a Private Hire Driver’s 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 Paul McCann speak in support of the application. Thereafter, Paul McCann and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Paul McCann and the representative of Police Scotland were then readmitted to the meeting. Decided: that the application by Paul McCann for a Private Hire Driver’s Licence be granted for a period of one year. (3) PRIVATE HIRE DRIVER’S LICENCE – RENEWAL – STUART CAIRNS 4. In reference to paragraph 5 of the Minute of the meeting of this Committee held on 10 January 2023, there was submitted (1) an application received from Stuart Cairns for the renewal of his Private Hire Driver’s 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 Stuart Cairns speak in support of the application. Thereafter, Stuart Cairns and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Stuart Cairns and the representative of Police Scotland were then readmitted to the meeting. Decided: that the application by Stuart Cairns for the renewal of his Private Hire Driver’s Licence be refused. (4) PRIVATE HIRE DRIVER’S LICENCE AND PRIVATE HIRE CAR OPERATOR LICENCES – COMPLAINT – WAHEED GHANI 5. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from the Chief Constable, Police Scotland, relative to Waheed Ghani, who currently held a Private Hire Driver’s Licence, a Private Hire Car Operator’s Licence, and jointly held a Private Hire Car Operator Licence with Shamshad Ghani. The Committee then heard Sergeant Brown outline the Chief Constable’s complaint, and Waheed Ghani, who was accompanied by Shamshad Ghani, speak in respect of the complaint. Thereafter, Waheed Ghani, Shamshad Ghani and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Waheed Ghani, Shamshad Ghani and the representative of Police Scotland were then readmitted to the meeting. The Committee, having determined that the complaint by the Chief Constable (1) relative to Waheed Ghani, in respect of his Private Hire Car Operator Licences, be not upheld, and (2) relative to Waheed Ghani, in respect of his Private Hire Driver’s Licence be upheld, then heard Waheed Ghani in mitigation.
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REGULATORY - 24 JANUARY 2023 54 Thereafter, Waheed Ghani, Shamshad Ghani and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Waheed Ghani, Shamshad Ghani and the representative of Police Scotland were then re-admitted to the meeting. Councillor McLaren, seconded by Councillor Fisher, moved that Waheed Ghani’s Private Hire Driver’s Licence be suspended, with immediate effect, for a period of two months. Councillor McVey, seconded by Councillor Robb, moved, as an amendment, that Waheed Ghani’s Private Hire Driver’s Licence be suspended, with immediate effect, for a period of six months. On a vote being taken, 6 Members voted for the amendment, and 6 Members voted for the motion. The vote being equal, the Chair exercised his casting vote in favour of the motion, which was accordingly declared carried. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982: (1) the complaint by the Chief Constable, relative to Waheed Ghani, in respect of his Private Hire Car Operator Licences, be not upheld, and (2) the complaint by the Chief Constable, relative to Waheed Ghani, in respect of his Private Hire Driver’s Licence, firstly be upheld, and secondly, that his Private Hire Driver’s Licence be suspended, with immediate effect, for a period of two months.