Agenda Document Pack - Licensing Committee - 01/07/2024
Perth and Kinross Council · 1 July 2024
Back to Licensing Committee — 1 July 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 24/06/2024 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Monday, 01 July 2024 at 13:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Councillor Keith Allan Councillor Hugh Anderson Councillor Bob Brawn Bailie Rhona Brock Councillor Steven Carr Councillor Andy Chan Councillor Michelle Frampton Councillor Ken Harvey Councillor Crawford Reid Councillor Willie Robertson Councillor Grant Stewart Page 1 of 44
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Licensing Committee Monday, 01 July 2024 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF LICENSING COMMITTEE OF 20 MAY 2024 FOR APPROVAL (copy herewith) 5 - 8 4 GRANT OF VARIATION OF CONDITION 7 OF A STREET TRADER LICENCE - LICENCE ST 493 Report by Strategic Lead - Legal and Governance (copy herewith 24/208) 9 - 32 5 GRANT OF A SHORT TERM LET LICENCE - PROVISIONAL LICENCE NO. PK12080P Report by Strategic Lead - Legal and Governance (copy herewith 24/209) 33 - 44 IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 P1 RENEWAL OF A TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD721 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 3 of 44
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth, on Monday 20 May 2024 at 1.00am. Present: Bailies R Brock and M Williamson, Councillors K Allan, H Anderson, S Carr, A Chan, B Brawn, M Frampton, K Harvey I MacPherson. G Stewart and W Robertson. In Attendance: K Engelberts, M McLaren S Michie, D Rankin, A Taylor, A Brown and M Pasternak (all Strategy, People and Resources). Also in attendance: K Thomson-Craig and D Smith, Police Scotland Apologies: Councillor C Reid Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. An apology for absence was noted as above. 2. DECLARATIONS OF INTEREST In terms of the Councillors Code of Conduct, Bailie M Williamson declared a non-financial interest in Item 4 and took no part in the discussion. 3. MINUTE OF MEETING OF LICENSING COMMITTEE OF 16 APRIL 2024 FOR APPROVAL Minute of meeting of Licensing Committee of Licensing Committee of 16 April 2024 was submitted and approved as a correct record. HAVING PREVIOUSLY DECLARED AN INTEREST IN THE FOLLOWING ITEM, BAILIE M WILLIAMSON WITHDREW FROM THE CHAMBER WITH VICE- CONVENER I MACPHERSON TAKING ON THE ROLE OF CHAIR. 4. GRANT OF PUBLIC ENTARTAINMENT LICENCE PE441 There was submitted a report by Strategic Lead – Legal and Governance (24/154) along with one letter of objection in relation to Grant of Public Entertainment Licence PF411. Mr G Howie, the applicant, along with Mr L Storey (Head of Operations at LHG Productions) and R Lyle on behalf of the Safety Advisory Group, attended the meeting, addressed the Committee, and answered Members’ questions. Mr Moir, objector was not present at the meeting. 3 Page 5 of 44
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Resolved: The application for a public entertainment licence by Heartland Festival Ltd for an outdoor music festival at Pitlochry Recreation Ground, Pitlochry, be approved, subject to Table 3 of the conditions as set out in Appendix 1 to Report 24/154 being amended to state the parking area remain open until midnight on Sunday 30 June 2024. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEMS IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. HAVING RETURNED TO THE CHAMBERS, BAILIE WILLIAMSON RE-TOOK THE CHAIR. THE COMMITTEE AGREED TO VARY ORDER OF THE BUSINESS TO TAKE ITEM P3 AT THIS POINT. P3. SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE TD1184 There was submitted a report by Strategic Lead – Legal and Governance (24/157) together with a letter from Police Scotland dated 28 March 2024 regarding Taxi/Private Hire Car Driver Licence TD1184. The applicant was in attendance via telephone. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant also addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Motion by Bailie M Williamson and Councillor W Robertson Taxi/Private Hire Car Driver Licence No. TD1184, be suspended for the unexpired portion of the duration of the licence. Amendment by Councillors M Frampton and B Brawn Taxi/Private Hire Car Driver Licence No. TD1184, be revoked. In terms of Standing Order, 21 a roll call vote was taken. 7 Members voted for the Motion as follows: Bailies M Williamson and R Brock, Councillors H Anderson, S Carr, K Harvey, I MacPherson and W Robertson 5 Members voted for the Amendment as follows: Councillors K Allan, B Brawn, A Chan, M Frampton and G Stewart. Page 6 of 44
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Resolved: In accordance with the Motion. P1. GRANT OF A SHORT TERM LET LICENCE – PROVISIONAL LICENCE NO. PK12209P There was submitted a report by Strategic Lead – Legal and Governance (24/155) along with a letter of representation from Police Scotland dated 8 March 2024 regarding Grant of a Short Term Let Licence – Provisional Licence PK12209P. The applicants, along with their legal representative were in attendance. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant’s legal representative also addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED Resolved: The application of a Short-Term Let Licence (Provision Licence No. PK12209P) at 50 Kinnoull Street, Perth, PH1 5EZ, be granted for a period of three years, subject to the inclusion of the additional conditions provided by Police Scotland in their letter of representation dated 8 March 2024. P2. GRANT OF A SHORT TERM LET LICENCE – NEW OPERATION – LOCHVIEW, LOCH VIEW, WESTER ESSENDY, BLAIRGOWRIE PH10 6RD There was submitted a report by Strategic Lead – Legal and Governance (24/156) along with a letter of objection from Police Scotland dated 12 January 2024 regarding Grant of a Short Term Let Licence – New Operation – Lochview, Loch View, Wester Essendy, Blairgowrie, PH10 6RD. The applicants, along with their legal representative were in attendance. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant’s legal representative also addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED Resolved: The application of a Short-Term Let Licence (New Operation) at Lochview, Loch View, Wester Essendy, Blairgowrie, PH10 6RD, be refused due to the potential risk to public safety. Page 7 of 44
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P4. SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD1661 There was submitted a report by Strategic Lead – Legal and Governance (24/158) together with a letter from Police Scotland dated 18 January 2024 regarding Taxi/Private Hire Car Driver Licence TD1661. The applicant and a legal representative were in attendance. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant’s legal representative also addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Motion by Bailie M Williamson and Councillor I MacPherson Taxi/Private Hire Car Driver Licence No. TD1661, be suspended for the unexpired portion of the duration of the licence. Amendment by Councillors W Robertson and K Harvey Taxi/Private Hire Car Driver Licence No. TD1661, be suspended for a period of one month from today’s date. In terms of Standing Order 21, a roll call vote was taken. 10 Members voted for the Motion as follows: Bailies M Williamson and R Brock, Councillors K Allan, H Anderson, B Brawn, S Carr, A Chan, M Frampton, I MacPherson and G Stewart. 2 Members voted for the Amendment, as follows: Councillor K Harvey and W Robertson. Resolved: In accordance with the Motion ~~~~~~~~ Page 8 of 44
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 1 JULY 2024 REPORT BY STRATEGIC LEAD - LEGAL AND GOVERNANCE TYPE OF APPLICATION Variation of Condition 7 of a Street Trader Licence APPLICANT Gemma Grant, 23 Dalwhammie Street, Kinross, KY13 8RG PREMISES (if applicable) 207 High Street, Kinross, KY13 8DL THE APPLICATION Ms Grant has recently been granted a street traders licence and has applied for a variation of condition 7 of the licence. (see attached a copy of the conditions).Trading times applied for are: Monday - Wednesday 7am-3pm Thursday - Saturday 7am-8pm Sunday 8am-1pm 3 letters of objection have been received from members of the public regarding this application (See attached letters of objection). 1 anonymous objection has been received regarding this application (see attached copy of objection) RELEVANT LICENSING POLICIES N/A LEGAL POSITION Schedule 1, paragraph 10(1) of the Civic Government (Scotland) Act 1982 provides that a licensing authority may, at any time, whether upon an application made to them by the holder of a licence, vary the terms of a license on any grounds they think fit. In deciding whether or not to grant or renew a Licence, the Council will considerthe following: any objections or representations any other relevant consideration OPTIONS The options open to the Committee are therefore to: grant the application; grant the application with an alternative condition. defer the application (9 month decision date 01/02/2025) or refuse the application. PROCEDURE Identify parties. Consider any preliminary issues 4 Page 9 of 44
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Objectors speak to their objections Committee asks any questions of the objectors Applicant makes their submission Committee asks any questions of the applicant Objectors sum up. Applicant sums up Committee makes decision Page 10 of 44
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Kirsty Batchelor 174 High Street Kinross KY13 8DE Email: Tel: 1st May 2024 FAO: Perth and Kinross Council Dear Sir/Madam I am writing to vehemently oppose the permit application for a burger van ‘Dirty Dog’ at 207 High Street, Kinross, KY13 8DL. The proposed establishment not only disregards our neighbourhood’s residential peace and safety, but also represents an inappropriate and unwelcome addition to an existing problematic site. There is no logical connection between the current site and the proposed burger van, highlighting the arbitrary nature of this permit application. The noise, dirt, and speeding caused by the Kinross Car Wash operation has been a constant nuisance for residents. Adding a burger van to the mix would only exacerbate these issues, creating a compound effect that would further degrade our quality of life. Allowing a burger van to operate in such close proximity to residential areas raises serious doubts about the safety and hygiene of the food being served. Without proper oversight and regulation, I have serious concerns regarding the storage of cooking oil and gas required to function as a burger van. We refuse to jeopardize the health and well-being of our community. The mere presence of a commercial operation such as a burger van will undoubtedly depreciate property values in the area. Prospective buyers will be repelled by the prospect of living next to a constant source of noise, traffic, and litter. Our homes are not commodities to be devalued for the sake of a business proposal that encourages anti-social behaviour in our community. Furthermore, there is no existing street trader license for the proposed burger van, Therefore, the application to vary condition 7 of a non-existent license is perplexing and raises serious doubts about the legitimacy of the entire process. The application is dated 19th April, however the sign was erected 28th April in an inconspicuous location between two parked vehicles. It fails to provide any compelling justification for the proposed variance. Without a clear rationale for deviating from standard licensing conditions, it is 4 Page 17 of 44
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unreasonable to consider granting such a variance, especially in a residential area where the impacts on residents must be carefully evaluated and mitigated. I demand that the council consider the existing issues with the site and reject the permit for the burger van at this location. Our neighbourhood should not be subjected to further disruption and inconvenience. Thank you for taking our concerns into account. We trust that you will make the right decision for the well-being of our community. Yours Sincerely, Kirsty Batchelor Page 18 of 44
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1 Civic Licensing From: Sent: 01 May 2024 11:13 To: Civic Licensing Cc: Councillor Dave Cuthbert; Councillor Neil Freshwater; Councillor William Robertson; Councillor Richard Watters Subject: Kinross Car Wash/Hot Food Van Objection 207 High Street Kinross KY13 8DE. Attachments: Photo from James Connelly; Photo from James Connelly CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. For the attention of Civil Licensing. I refer to my telephone call to your office yesterday 30th April 2024. As discussed, the reason for my call was to find out what a licensing notice, erected on Sunday 28th April 2024, at Kinross car wash was in respect of. It was explained that this was an application for the siting of a hot food van with a variation request for permanent siting. I enquired about the proposed trading times but this information could not be given as the application was not at hand! I raised my concerns with this proposal and the lack of information available and was requested to put these concerns in writing. I strongly object to this application and having a hot food van opposite my home on the following grounds: I would firstly point out I only saw the notice by complete chance. It is not sited at the edge of the site where it would be clearly visible to all, but erected in between 2 vehicles (I actually thought the notice was in relation to selling these vehicles). I have real concerns that neighbours may not be aware of this proposed application. (Please see attached photo’s above). The application is dated 19th April 2024 but was only erected on Sunday 28th April 2024, limiting the timeframe for any concerns to be raised. The application does not give much information regarding the proposal. I searched the PKC web site but was unable to locate anything, hence my call to your office. I now know what the licensing notice refers to but not the proposed trading times. Please can the proposed days and hours of trading be provided. This proposal is detrimental to the character and amenity of the surrounding properties. This proposal is being sited in a predominantly residential area. 4 Page 21 of 44
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2 This proposal is very likely to reduce the value of surrounding properties – who would want to live opposite a fast food van. The High Street is already very busy with parking for residents extremely limited and difficult, this will increase if this proposal is granted. If this application is allowed then how will it be managed by PKC in respect of Health & Safety, Food Standard Safety, agreed trading hours adhered to, proper waste management, noise nuisance, illegal parking etc I am very concerned that the applicant seems to be assuming the application will be approved. Please see Facebook, Kinross-shire Community Group where ‘Kinross Creations’ have announced this new food van. https://www.facebook.com/profile.php?id=61557923131138 Based on current activity on this site, I would be interested to know if this application is being made by Kinross car wash and if they have agreed operating hours with PKC. The reason I ask is there is often activity at the car wash late into the evening and we regularly get wakened very late at night or early in the morning with vehicle transporters being loaded and unloaded. There is also often very loud music playing. I trust my above concerns will be taken into consideration. I have copied this e-mail to the local Perth & Kinross Councillors for Kinross-shire to ensure they are aware of this proposal and my concerns. Yours sincerely, Kenneth MacLaren ‘Troquhain’, 186, High Street, Kinross, KY13 8DE. Page 22 of 44
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3 E E E D b O . v; Callum NICOI 8 188 High Street & Kinross a KY13 80E Monday 13 h May 2024 Head of Legal Services Chief Executive's - Legal Perth & Kinross Council Pullar House 35 Kinnoull Street Perth PH1 SGD Dear Sir/Madam, Re: Objection to the Variation of Condition 7 of Street Trader Licence at 207 High Street I am writing to strongly oppose the application made by Gemma Grant to vary Condition 7 of a Street Trader Licence in respect of the site at 207 High Street, Kinross. As a resident of 188 High Street, Kinross,zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAI am deeply concerned about the potential impact , of this licence variation on our community, particularly on the following grounds: Residential Area Unsuitability: 207 High Street is situated within a residential area. Granting this variation would lead to increased noise, litter, and traf c congestion, signi cantly disrupting the peace and quiet of our neighbourhood. We all have a right to peacefully enjoy our homes without unnecessary noise, particularly during unsociable hours. Completely Unacceptable Trading Times and Practices: The proposed trading times (which have been posted on social media), along with every other part of the applicant s proposal, are completely unacceptable for this residential area. The operation of a generator at unreasonable hours, increased queuing on the road (which can already happen due to the car wash), increased traf c noise & pollution and foot fall, and the potential for increased litter and vermin pose a signi cant disturbance to the residents' peace and quiet enjoyment oftheir homes and the immediate area. The opening hours for this proposed food truck, which is already on site along with several recently decorated picnic benches, have been posted on social media under the names Kitchen Creations and Dirty Dog , along with menus. The food truck is already in situ placed directly next to the closest residential boundary. The benches on site are very concerning and further increase the potential of noise coming from the premises as they clearly show that there is a planned dining area. I do not want to be woken by a food truck preparing to start serving at 6:30am 6 days a week and 8am on a Sunday the fact that I even have to oppose this is farcical. I can t imagine anyone would ever be happy about a food truck and its customers being their alarm clock. I 4 Page 25 of 44
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K, Precedent: From researching the topic of food truck licence applications in residential areas
1 throughout Scotland, articles found via search and archive tools show numerous licence
requests rejected (too many to list) in residential areas due to concerns from residents about
increased noise, traf c, litter and general negative impact to residential living standards in
the residential areas.
The most relevant of these to this application was a licence rejected by Perth and Kinross
Council in 2021. I have copied an article byJamie Buchan which was printed in The Courier
on February 10 h 2021 and it includes a quote from the council that I have highlighted.
By Jamie Buchan
Perth and Kinross Council has rejected plans for a newfood truck in a residential area over
fears it could cause noise pollution.
The local authority has refused the application to locate the mobile food unit on Rannoch
Road in Scone.
A council planning o icer said: The proposal involves the siting of a mobile food unit
within a residential area which raises concerns with noise and disturbance associated with
' the use.zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBAa _ ... , . _ , . y . _
The site is located within close proximity to residential properties and it is considered that
the operation ofa food unit on the site has the potential to cause undue harm to the
' amenity of neighbouring residents.
Several residents of Rannoch Road raised objections to the proposals, citing concerns over
increased noise and traffic.
A letter of representation from one resident said: Rannoch Road is a residential area and
this proposal is simply not compatible with the nature of the street or its amenity.
It would result in increased noise, disturbance and pollution for those living on Rannoch
Road.
Property Devaluation: Quite simply, if there had been a food truck on a site directly across
the road when we arrived to view this property nearly_10 years ago we would not even have
attended the property viewing, never mind going through with the purchase. We would
have found a constant ow of traf c, cooking smell and noise completely off putting and not
something we wanted to live next to. I can t imagine many home buyers being thrilled at the
thought of living directly next to a food truck and all of the disruption that comes with it.
Litter and Vermin Concerns: As a frequent walker of the nature reserve, I have observed an
abundance of litter along the path at the loch, much of it originating from local takeaways.
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Poor Qua'l 'i ty or'i g'i na'l
Allowing street trading in this area risks attracting vermin to the high street and exacerbating
the litter problem, further impacting the nearby nature reserve.
Traf c and Parking Issues: Granting this variation would inevitably lead to increased traf c
congestion in an already highly congested area, so congested that we have to plan any
outings around returning at a time where we may get a parking space. This area of the High
Street is already plagued by issues such as speeding, loud music, car horns and queuing on
the main road which is mainly caused by the existing car wash, there is also often loud music
from the site and trucks unloading vehicles late into the night or during the early hours.
Introducing a food truck to the site would exacerbate these problems, making the area
intolerable for residents.
Hidden Notice of Application: It has come to my attention that the notice of the application
is not on public display as required but is in fact on the site in between two vehicles and not
publicly facing. We would not have been aware of this application if it had not been brought
to our attention after the opening date and times were posted on social media at which time
a neighbour went to look for the notice. I have attached an image of their placement of the
notice.
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Alternative Sites within the Area: There are several purely industrial sites within the local
area where food trucks & burger vans could trade from that wouldn t disturb local residents
and affect the quality of their lives, this should be the primary concern when addressing this
application that resident s quality of life will be affected by this in a wide range of ways if it
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Poor Qua'l 'i ty or'i g'i na'l goes ahead. If this licence is granted then peoples enjoyment of their homes will be affected all for the sake of some fast food which can be obtained in abundance from businesses that are already established in premises further up the high street with adequate parking and waiting areas for their customers. There is not a community need for a food truck in a residential area, but there is a community need for the right to peaceful enjoyment within your own home. For these reasons, I strongly urge the Council to reject the proposed variation of Condition 7. Please acknowledge receipt of this objection and inform me of any further steps in this process. Yours faithfully, Callum Nicol Page 28 of 44
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2nd May 2024 FAO: Perth and Kinross Council Dear Sir/Madam, I am writing to vehemently oppose the permit application for a burger van ‘Dirty Dog’ at 207 High Street, Kinross, KY13 8DL. The proposed establishment not only disregards our neighbourhood’s residential peace and safety, but also represents an inappropriate and unwelcome addition to an existing problematic site. There is no logical connection between the current site and the proposed burger van, highlighting the arbitrary nature of this permit application. The noise, dirt, and obstructions caused by the Kinross Car Wash operation have been a persistent nuisance for residents. The street is heavily congested and the road is not wide enough for 2 cars to pass each other safely (wing mirrors have been taken off and vehicles scratched by vehicles passing at speed), therefore adding a burger van to the mix will considerably exacerbate these issues, creating a compound effect that would further degrade our quality of life and the safety of our street. Furthermore, parking for residents on this section of High Street is already extremely limited - to consider an increase in demand for parking in this constrained area is both negligent and potentially dangerous. Allowing a burger van to operate in such close proximity to residential areas raises serious doubts about the safety and hygiene of the food being served. Without proper oversight and regulation, I have serious concerns regarding the storage and disposal of cooking oils and fuels required to function as a burger van. We refuse to jeopardise the health and well-being of our community. Its location, in close 4 Page 29 of 44
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proximity to idling car exhausts and a messy car wash, also throws into question the food safety and hygiene standards of said establishment The mere presence of a commercial operation such as a burger van will undoubtedly depreciate property values in the area. Prospective buyers will be repelled by the prospect of living next to a constant source of noise, congestion, and litter. Our homes are not commodities to be devalued for the sake of a business proposal that encourages anti-social behaviour and loitering in our community. Furthermore, there is no existing street trader licence for the proposed burger van, Therefore, the application to vary condition 7 of a non-existent licence is perplexing and raises serious doubts about the legitimacy of the entire process. The application is dated 19th April, however the sign was erected 28th April in an inconspicuous location between two parked vehicles. It fails to provide any compelling justification for the proposed variance. Without a clear rationale for deviating from standard licensing conditions, it is unreasonable to consider granting such a variance, especially in a residential area where the impacts on residents must be carefully evaluated and mitigated. I demand that the council seriously consider the existing issues with the site and reject the permit for the burger van at this location. Our neighbourhood should not be subjected to further disruption and inconvenience. Thank you for taking our concerns into account. We trust that you will make the right decision for the well-being of our community. Yours Sincerely, Page 30 of 44
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 1 July 2024 REPORT BY HEAD OF LEGAL AND GOVERNANCE SERVICES TYPE OF APPLICATION Grant of a Short-Term Let Licence APPLICANT Mr John Ross Fallon PREMISES (if applicable) 14 Hill View Lodges, Rumbling Bridge ,Kinross, Perth And Kinross, KY13 0QT THE APPLICATION Mr Fallon, the sole Applicant, has applied for a three-year short- term let licence as an existing host (operating prior to 1 October 2022). The Application has been validated by Licensing Officers and was sent out for consultation. Police Scotland, Scottish Fire and Rescue Services, and PKC Planning Department have stated they have no objections to this application. The short-term let property is a detached house. The Application is for that of a ‘Home Letting’ short-term let licence. The property has one bedroom, the Applicant has applied for a maximum capacity of four guests. One letter of objection has been received with regards to this Application (see attached letters of objection). RELEVANT LICENSING POLICIES The Council’s Short Term Let Policy was approved by the Licensing Committee on 22 September 2022. The Council’s Short-Term Lets Policy focuses on ensuring that an efficient, effective and proportionate licensing scheme is in place, which is customised to the needs and circumstances of the Council’s local area and supports applicants who wish to obtain a short-term let licence. The aims of the licensing scheme are: • to ensure all short-term lets are safe; • to facilitate licensing authorities in knowing and understanding what is happening in their area; and • to assist with handling complaints and address issues faced by neighbours effectively. In assessing an application for a short-term lets licence, the Council will consider: • the suitability of the person applying and that of the other people named on the application form (whether they are “fit and proper”); • compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); • compliance/ability to comply with any additional conditions 5 Page 33 of 44
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that the Council might attach to the licence (either specific to the accommodation, or specific to short-term lets in Perth and Kinross); and • the suitability of the premises in the context of Perth and Kinross Council’s policies. The Council may vary the terms of a licence on any grounds they think fit and can do this at any time. This can be done following an application made to the Council by the licence holder on their own initiative. This could include adding further conditions to the licence. The Council will consult with the statutory consultees and any other parties it considers appropriate. Conditions attached to a Short-term Let Licence Mandatory Conditions Any Licence will be subject to Conditions. Under the 2022 Order, there are certain conditions which the Council must attach to a short-term let licence, irrespective of the type of short-term let granted, whether it is Secondary Letting, Home Letting, Home Sharing or Home Letting and Home Sharing. These are known as “mandatory conditions” and are detailed at Annex A. Please note that the Council has no power to amend these mandatory conditions. All applicants should ensure, prior to applying for a short-term let licence of any type that they are able to comply with the mandatory conditions attached to a licence. Applicants should also note that in term of listing their premises as a licensed short-term let, as required under mandatory condition 14, the listing must include the licence number provided by the Council and the valid energy performance certificate rating) if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008. LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a short-term let licence. Any decision to refuse a short- term let licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982:- A licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. The grounds of refusal are:- (a) the applicant or, where the applicant is not a natural person, any director of it or partner in it or any other person responsible for its management, is either – Page 34 of 44
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(i) for the time being disqualified under section 7(6) of this Act, or (ii) not a fit and proper person to be the holder of the licence; (b) the activity to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application him/herself; (c) where the licence applied for relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to – (i) the location, character or condition of the premises; (ii) the nature and extent of the proposed activity; (iii) the kind of persons likely to be in the premises; (iv) the possibility of undue public nuisance; or (v) public order or public safety; or (ca) the applicant would not be able to secure compliance with: (i) the mandatory licence conditions, and (ii) the standard conditions and any further conditions to which the licence is to be subject; (cb) the application does not contain the consent of the owners of the premises; or ( (d) there is other good reason for refusing the application; and otherwise shall grant the application. In deciding whether or not to grant or renew a Licence, the Council will consider each Application on its own merits and will take into account the following: • any Objections or Representations • this Licensing Policy Statement • any other relevant considerations OPTIONS The Committee need to consider whether the objections received relate to the activity of a short term let licence. The options open to the Committee are therefore to: • grant the application; • grant the application for a shorter period of time; • grant the application with additional conditions; or • refuse the application if one of the grounds for refusal exist. PROCEDURE • Identify parties Page 35 of 44
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Annex A – Mandatory Conditions Mandatory conditions will be applied to all types of short-term let licences (as specified in schedule 3 of the Order) and Temporary Exemptions. The following are mandatory conditions and will apply to all licences issued:- Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short- term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of - (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988(1). • Consider any preliminary issues • Members of the public speak to their representation(s)/objection(s) • Committee asks any questions to the objectors • Applicant makes submission • Committee asks any questions of the applicant • Objector/s sum up • Applicant sum up • Committee makes decision Page 36 of 44
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Gas safety 5. Where the premises has a gas supply - (a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must - (a) ensure that any electrical fittings and items are in - (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, (c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to— (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006. Page 37 of 44
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Water safety: private water supplies 8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Water safety: legionella 9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. Safety & repair standards 10. — (1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum Occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests - (a) a certified copy of the licence and the licence conditions, (b) fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. Planning Permission 13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either— (a) an application has been made for planning permission under the 1997 Act and has not yet been determined, or Page 38 of 44
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(b) planning permission under the 1997 Act is in force. Listings 14. - (1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes - (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008(5). (2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence. Insurance 15. The holder of the licence must ensure that there is in place for the premises - (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each short-term let agreement. Payment of fees 16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. False or misleading information 17. The holder of the licence must not provide any false or misleading information to the licensing authority. Interpretation 18. In this schedule - “Electrical Installation Condition Report” means a report containing the following information – (a) the date on which the inspection was carried out, (b) the address of the premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, Page 39 of 44
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(e) any defect identified, (f) any action taken to remedy a defect, “Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008), “gas safety report” means a report containing the following information - (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of - (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, (iv) if it is not reasonably practicable to examine its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998(7), “holder of the licence” means any person to whom a short-term let licence has been granted or jointly granted, “home letting” means a short-term let consisting of the entering into of an agreement for the use, while the host is absent, of accommodation which is, or is part of, the host’s only or principal home, Page 40 of 44
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“home sharing” means a short-term let consisting of the entering into of an agreement for the use, while the host is present, of accommodation which is, or is part of, the host’s only or principal home, “premises” means the accommodation which is the subject of an application for a short-term licence or the subject of a short-term licence, “repairing standard” means the steps which the holder of the licence is required to take to comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing (Scotland) Act 2006(8), “secondary letting” means a short-term let consisting of the entering into of an agreement for the use of accommodation which is not, or is not part of, the licence holder’s only or principal home, “short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, “short-term let licence” means a licence for a short-term let, and “type of short-term let” means one of the following purposes - (a) secondary letting, (b) home letting, (c) home sharing, or (d) home letting and home sharing. Page 41 of 44
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1 CDS STL From: Mr Walker < > Sent: 24 October 2023 18:17 To: CDS STL Subject: [objection of short term let] 14 hill view lodge ky130qt Categories: OBJECTIONS/COMPLAINTS CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. To whom it may concern i object to this application for a number of reasons 2 he was advertising his property for people attending knockhill race track on a air bnb site saying that he had a garage for fixing race cars which would be disturbing our peace as wee moved here for the quietness . 3 his garden is already a scrap yard full of scrap cars and it has been attracting vernom and also an eye sore to the community and wee have to look at that every day. 4 wee stay in a small hamlet and have worked hard to get here and prevously he has been short term renting it and the noise from the tennents is disturbing our peace. yours sincerely carlanne walker 15 hill view lodge ky130qt 5 Page 43 of 44
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