Minute
North Lanarkshire Council · 6 September 2022
Back to Regulatory Committee — 6 September 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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REGULATORY - 6 SEPTEMBER 2022 112 Motherwell, 6 September 2022 at 10 am. A Meeting of the REGULATORY COMMITTEE PRESENT Councillor McLaren, Convener; Councillors Crichton, Dunbar, Hughes, Robb, Shevlin, Thomas and Watson. CHAIR Councillor McLaren (Convener) presided. IN ATTENDANCE The Solicitor (Licensing); Solicitor (Employment), and Administrative Officer, Legal and Democratic Solutions. ALSO IN ATTENDANCE Sergeant Brown, Police Scotland. In respect of paragraph 2 – Democratic Services Manager; Building Standards Manager (Compliance), and Building Standards Officer. In respect of paragraph 5 – Civic Licensing Standards Officer. APOLOGIES Councillors Barclay, Docherty, Kelly, McVey, Smith and Sullivan. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. No declarations were made. RENEWAL OF THE GENERAL SAFETY CERTIFICATES FOR SPORTS GROUNDS 2. There was submitted a report by the Head of Legal and Democratic Solutions (1) reminding the Committee that the Council was responsible as the Certifying Authority, in terms of the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987, for certification of designated sports grounds and grounds with regulated stands within North Lanarkshire; (2) advising that, during 2022, the responsible Officers of the Council and the representatives of the Emergency Services had carried out a series of inspections at each of the four sports grounds; (3) intimating (a) that during the period of inspection, the Council had been informed by the Scottish Fire and Rescue Service (SFRS) that it no longer considered it had a duty or obligation to undertake such inspections and that it believed that responsibility lay with the Council; (b) that in 2022, and going forward, SFRS would no longer undertake inspections of sports grounds, and (c) that SFRS had indicated that it would be willing to provide support to the Council and it’s Officers where this may be required; (4) outlining that, during the inspection process, a number of issues had been identified at some of the stadiums for which resolution and works required to be carried out before a certification could be provided, and (5) informing that all work and resolution had subsequently been carried out and completed to the satisfaction of the appropriate inspection agency, specifically the Council, therefore all of the stadiums had been deemed able to be provided with a Safety Certificate.
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REGULATORY - 6 SEPTEMBER 2022 113 The Committee then heard the Building Standards Manager (Compliance), in supplement to the report, intimate (1) that following the conclusion of the inspection process, some additional works had been undertaken at Fir Park Stadium, Motherwell that had not been completed to Building Standards requirements; (2) that the completion of the works could be monitored and controlled through the Building Standards processes, therefore the Safety Certificate could be issued in the interim, and (3) that, should the works fail to be completed within a reasonable timeframe, or to Building Standards requirements, then the matter would be reported back to the Committee for further consideration. Decided: (1) that the General Safety Certificate for Broadwood Stadium, Cumbernauld, Excelsior Park, Airdrie, and Reigart Stadium, Coatbridge be approved; (2) that the General Safety Certificate for Fir Park Stadium, Motherwell, be approved, subject to the completion of works to Building Standards requirements, and (3) that the Head of Legal and Democratic Solutions write to the Chief Officer for the Scottish Fire and Rescue Service (SFRS) to express the Council’s concern at the decision of the SFRS to withdraw from the process of undertaking inspections of sports grounds, and to seek further clarification on the position. 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) PRIVATE HIRE DRIVER’S LICENCE – NEW APPLICATION – JOHN PAUL McCREADY 3. There was submitted (1) an application by John Paul McCready for a Private Hire Driver’s Licence, and (2) a late objection to the application received from the Chief Constable, Police Scotland. The Committee then heard Sergeant Brown explain the reason for the Chief Constable’s objection being submitted late, and John Paul McCready indicate that he had no objection to the late objection being considered. The Committee, being satisfied that sufficient reason had been provided to justify the late objection, proceeded to consider the application and the late objection made. The Committee then heard Sergeant Brown outline the Chief Constable’s objection to the application, and John Paul McCready speak in support of the application. Thereafter, John Paul McCready and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. John Paul McCready and the representative of Police Scotland were then readmitted to the meeting. Councillor Robb, seconded by Councillor Crichton, moved that the application by John Paul McCready for a Private Hire Driver’s Licence be granted for a period of one year. Councillor Watson, seconded by Councillor Thomas, moved, as an amendment, that the application by John Paul McCready for a Private Hire Driver’s Licence be refused. On a vote being taken, 2 Members voted for the amendment and 6 Members voted for the motion, which was accordingly declared carried. Decided: that the application by John Paul McCready for a Private Hire Driver’s Licence be granted for a period of one year.
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REGULATORY - 6 SEPTEMBER 2022 114 (2) TAXI DRIVER’S LICENCE – RENEWAL – JASON ROBERTSON 4. There was submitted (1) an application by Jason Robertson for the renewal of his Taxi Driver’s Licence, and (2) a late objection to the application received from the Chief Constable, Police Scotland. The Committee then heard the Solicitor (Licensing) advise that the Chief Constable had subsequently withdrawn his objection relative to the application by Jason Robertson for the renewal of his Taxi Driver’s Licence. Decided: that it be noted that the Chief Constable had withdrawn his objection relative to the application by Jason Robertson for the renewal of his Taxi Driver’s Licence. (3) STREET TRADERS LICENCE – COMPLAINT – GERALD GILLESPIE 5. In terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, there was submitted a complaint received from Stephen Sullivan relative to Gerald Gillespie, who currently held a Street Trader’s Licence. The Administrative Officer then indicated that Stephen Sullivan was not in attendance. Thereafter, the Committee determined that consideration of the matter should proceed in Stephen Sullivan’s absence. The Committee then heard (1) Gerald Gillespie, who was accompanied by his wife, speak in respect of the complaint; (2) the Civic Licensing Standards Officer provide an overview of the matter, and (3) Sergeant Brown provide an overview of the matter from a Police perspective. Thereafter, Gerald Gillespie, Mrs Gillespie, the Civic Licensing Standards Officer, and the representative of Police Scotland withdrew from the meeting and the Committee resumed consideration of the matter. Gerald Gillespie, Mrs Gillespie, the Civic Licensing Standards Officer, and the representative of Police Scotland were then readmitted to the meeting. Decided: that, in terms of paragraph 11 of Schedule 1 of the Civic Government (Scotland) Act 1982, the complaint by Stephen Sullivan, relative to Gerald Gillespie, be not upheld. (4) RESTRICTED RENEWAL EXTENSIONS – TAXI AND PRIVATE HIRE CARS 6. With reference to paragraph 5 of the Minute of the meeting of this Committee held on 8 February 2022, there was submitted a report by the Head of Legal and Democratic Solutions (1) detailing, with Appendices 2 and 3 to the report, the North Lanarkshire Council specifications regarding age limits for vehicles operating as Taxis and Private Hire Cars respectively; (2) advising that, due to the financial effects of the global pandemic, a number of operators of Taxi and Private Hire licences had been unable to present upgraded/age compliant vehicles when renewing their licences; (3) proposing that, to allow the Taxi and Private Hire operators to endeavour to recover to pre-pandemic levels, that the licences, detailed within Appendix 1 to the report, be granted extensions for a period of 18 months from the dates of expiry of the current licences; (4) intimating that, should the Committee be minded to grant extensions to the licences, the operators would be reminded of the need to maintain their vehicles in a roadworthy condition, have their vehicles undergo annual inspection tests, and have appropriate insurance in place, and (5) indicating that, towards the end of the 18 month extended licence period, operators of Taxi and Private Hire licences, if they wished to remain being licensed, would require, when renewing their licences, to have vehicles that were age limit compliant with the Council’s specifications.
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REGULATORY - 6 SEPTEMBER 2022 115 The Committee then heard the Solicitor (Licensing), in supplement to the report, recommend that the licences, detailed within Appendix 1 to the report, be granted extensions for a period of 18 months from the dates of expiry of the current licences, with the exception of Private Hire Car Operator Licence No. PHC467 (Central), as that licence holder had subsequently presented an age compliant vehicle. Decided: (1) that, with the exception of Private Hire Car Operator Licence No. PHC467 (Central), the renewal applications, in respect of the licences detailed within Appendix 1 to the report, be granted for a restricted period of 18 months from the dates of expiry of the current licences; (2) that it be noted that the vehicles referred to above will require to remain roadworthy, undergo annual inspections and have appropriate insurance in place, and (3) that it be agreed that, due to the continuing adverse financial effect of the pandemic, that further restricted licence renewals for other operators with non-age limit compliant vehicles be considered.