Agenda Document Pack - Licensing Committee - 16/06/2022
Perth and Kinross Council · 16 June 2022
Back to Licensing Committee — 16 June 2022 and its agenda
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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 09/06/2022 A hybrid meeting of the Licensing Committee will be held in the Council Chambers (Hybrid) on Thursday, 16 June 2022 at 10:00. 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: Councillor Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Councillor Chris Ahern Councillor Keith Allan Councillor Hugh Anderson Councillor Rhona Brock Councillor Steven Carr Councillor Eric Drysdale Councillor Ken Harvey Councillor David Illingworth Councillor Crawford Reid Councillor Willie Robertson Councillor Grant Stewart Page 1 of 24
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Licensing Committee Thursday, 16 June 2022 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 THE LICENSING COMMITTEE OF 7 APRIL 2022 FOR APPROVAL (copy herewith) 5 - 8 4 MATERIAL CHANGE IN CIRCUMSTANCES - PRIVATE HIRE OPERATOR LICENCE - PH313 Report by Head of Legal and Governance (copy herewith 22/126) 9 - 24 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 GRANT OF STREET TRADERS LICENCE - ST447 P2 SUSPENSION OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE - TD1851 P3 RENEWAL OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE - TD1881 P4 GRANT OF TAXI / PRIVATE HIRE CARE DRIVER LICENCE - TD2102 P5 GRANT OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE - TD2106 Page 3 of 24
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LICENSING COMMITTEE Minute of Meeting of the Licensing Committee held virtually via Microsoft Teams on Thursday 7 April 2022 at 10.00am. Present: Councillors C Ahern (Convener), K Baird, B Brawn, R Brock D Illingworth, R McCall, A Parrott, W Robertson, F Sarwar and M Williamson. In Attendance: D Gilkison, M McLaren, S Michie and D Williams (all Corporate and Democratic Services); J Gordon and D Smith (Police Scotland). Apologies for Absence: Councillors J Rebbeck and C Stewart. Councillor C Ahern (Convener), Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no declarations of interest in terms of the Councillors’ Code of Conduct. 3. MINUTES The Minute of Meeting of the Licensing Committee of 24 February 2022 was submitted and approved as a correct record. 4. CIVIC GOVERNMENT (SCOTLAND) ACT 1982 – TAXI FARE REVIEW There was submitted a Report (22/70) by the Head of Legal and Governance Services. The Council is required to review the scales of fares for Taxis in this area at intervals of not more than 18 months. The Report (22/70) outlines the findings of the most recent review and proposes that there be an increase in fares. Mr S Smith, Radio Taxis, addressed the Committee via audio conference and answered members’ questions. Resolved: The Committee: (i) Agrees that the current scale of fares be increased by 15% as soon as relevant legislation and/or regulations permit. (ii) Agrees that the scale of fares be advertised in the local press and that interested parties are invited to respond within one month of the advertisement and any responses be considered at the next available Licensing Committee meeting. (iii) Agrees that if no representations are received after advertising, the new scale of fees commence from a date specified by the Head of 3 Page 5 of 24
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Legal and Governance Services in the advertisement, that date to be approximately six weeks after the date of the advertisement. (iv) A further review of the Taxi Fares be carried out within the next 18 months. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. P1. GRANT OF SKIN PIERCING AND TATTOOING LICENCE – NO. SP114 There was submitted a report by the Head of Legal and Governance Services (22/71) together with a letter of objection dated 17 March 2022, and a letter of representation from the applicant dated 30 March 2022, regarding Grant of Skin Piercing and Tattooing Licence No. SP114 The applicant and objector were both in attendance. The applicant addressed the Committee and answered Members’ questions. The objector addressed the Committee and answered Members’ questions. Resolved: Skin Piercing and Tattooing Licence No. SP114 be granted. P2. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – NO. TD2090 There was submitted a report by the Head of Legal and Governance Services (22/72) together with a letter of objection dated 8 March 2022 from Police Scotland regarding Grant of Taxi/Private Hire Car Driver Licence No. TD2090. The applicant was in attendance. 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 (Councillors C Ahern and D Illingworth) The application for a grant of Taxi/Private Hire Care Driver Licence No. TD2090 be granted. Amendment (Councillors R McCall and F Sarwar) The application for a grant of Taxi/Private Hire Car Driver’s Licence No. TD88 be refused on the grounds that the applicant is not a fit and proper person to hold a Taxi/Private Hire Car Driver Licence. Page 6 of 24
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In accordance with Standing Order 21, a roll call vote was taken. 5 members voted for the Motion as follows: Councillors C Ahern, K Baird, D Illingworth, A Parrott and W Robertson. 5 members voted for the Amendment as follows: Councillors B Brawn, R Brock, R McCall, F Sarwar and M Williamson. In accordance with Standing Order 21, the Convener exercised his right to a casting vote in favour of the Motion. Resolved: In accordance with the Motion. P3. CONSIDERATION OF SUSPENSION OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE - TD1346 There was submitted a report by the Head of Legal and Governance Services (22/85) together with a letter from the Council as Licensing Authority to the Applicant dated 28 March 2022, regarding Consideration of Suspension of Taxi/Private Hire Car Driver Licence – TD1346. The applicant was in attendance. S Michie, on behalf of the Licensing Authority as objector, addressed the Committee and answered Members’ questions. The applicant addressed the Committee and answered Members’ questions. Resolved: Taxi/Private Hire Car Driver Licence NO. TD1346 be suspended until 7 May 2022. P4. GRANT OF TEMPORARY PUBLIC ENTERTAINMENT LICENCE - PET0027 There was submitted a report by the Head of Legal and Governance Services (22/86) together with a letter of objection dated 8 March 2022 from Police Scotland regarding Grant of Temporary Public Entertainment Licence No. PET0027. The applicant was in attendance. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant also addressed the Committee and answered Members’ questions. Resolved: Grant of Temporary Public Entertainment Licence NO. PET0027, be refused on the grounds of public safety, as the applicant is not a fit and proper person to hold a Temporary Public Entertainment Licence. ~~~~~~~~ Page 7 of 24
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PERTH AND KINROSS COUNCIL Licensing Committee – 16 June 2022 MATERIAL CHANGE IN CIRCUMSTANCES – PRIVATE HIRE OPERATOR LICENCE – PH313 Report by Head of Legal and Governance (Report No. 22/126) Name and Address: Mr Ralph M Laahs 37 Woodside Crescent Perth PH2 0EW Age: 65 years 9 Month Decision Date: 12 January 2023 Reason for Report: The applicant has submitted a request to vary the terms and conditions of his operator licence, with regard to the age limit for replacing vehicles (see attached copy application and letter received 13 April 2022). Background Information: Current policy is that a taxi or private hire car shall be no more than 10 years old from the date of first registration before being replaced, however all vehicles for a taxi or private hire operator licence if wheelchair accessible (WAV) must be no more than 12 years old from date of first registration before being replaced. The Applicant’s vehicle was 10 years old from the date of first registration on the 29 May 2022. To comply with current operator conditions, the applicant would have been required to replace or remove his vehicle from service on or before this date, however due to the recent local elections, the Licensing Committee did not convene in May. The applicant was, therefore, unable to appear before the Committee prior to this date to ask Members for an extension to allow his current vehicle to remain in service beyond 10 years. The applicants’ annual vehicle fitness test was also due to expire on 29 May 2022. 4 Page 9 of 24
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As a decision could not be made before the 29 May 2022, the Applicant was asked to present his vehicle for testing to ensure it continued to be roadworthy and safe. This resulted in a temporary Certificate of Fitness being issued for the vehicle. This allows the applicant to continue to fulfil his school contract obligations only until the Committee met, and a decision made. In addition, it should be noted that at a meeting of the Licensing Committee on 20 February 2014, Members granted an extension for a period of 1 year to the applicant following a similar request. This was for a different vehicle the applicant owned at that time. Contact Officer: D Gilkison, dgilkison@pkc.gov.uk Page 10 of 24
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:2} . 3 Z Qu'estion'3 -024 030 034Variation Details EE . ; Do you wish to remove E someone from your Yes El No M Ma [:1 s licence? 5 E g If 034yes035,please provide Surname full details of the person to be removed. Do you wish to add 030 someone to your Yes D No IE Na El licence? If 034yes035,please provide Surname full details of the person to be added. -_ Private Home Address including postcode _024 .024 Date and place of Date of Birth Place of Birth birth Page 12 of 24
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§ 3 E Do'es he/slhe haye any E convictions Yes D No D E . H }402 S E E Convictions (Please 034use separate sheet if necessary) Has the new person (if applicable) lived in the UK for at least 10 Yes El No D years? If no, please provide a letter from your home country con}401rmingthat you do not have any convictions. 030 4. Do you have a > change in your medical Yes [I No [21030 Na El history? If 034yes035please provide details of your medical Date }401rstdiagnosed _ _/_ _/_ _ _ _ condition. Condition Are your receiving any medication/medical attention in connection with this condition? Yes [:I No E] Describe the effect this may have on your }401tnessto drive a Taxi/Private Hire car _ _ Do you have any medical condition which would prevent you carrying a guide dog or assistance dog in your vehicle? Yes D No D Page 13 of 24
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§3 . Z 5, Are you.informing the Licensing 034Department of criminal Yes El No IZl Na El E convictions and/or driving E offences? S Type of criminal conviction 024 E Sentence B ;, . Driving Offence Points obtained 6. Are you. applying to display , ' ' r) advertisement/s on your vehicle. Yes 1:] No Na El . Attach a design proof of the advertising clearly showing where the advertising will be placed on the vehicle. , . . , 031> Please con}401rmthat you are displaying 034PreBook Hire035signs? H . Yes El No El 030: 7. Are you030applyingfor any other V} amendment to your licence? . Yes M No El Na El lf yes, please provide further ' 030V 030 ~ details. » $eé}402vr'u031}402mg0030 8. CHECKLIST .. " I > 031 Vt ' (a) Have you enclosed/mad030e'paymen'tof the £71.00 fee Yes El N/A El (b)v Have you enclosed a design proof of the 3 advertising you wish on your vehicle Yes D N/A D (c) If the person/s who I have added to my licence has not lived in the UK for 10 years I have Yes E] NA |___I enclosed a030letter from their home country " confirming that llmy manager have/have not got any convictions HOW WE USE YOUR PERSONAL INFORMATION The information provided by you will be used by Perth & Kinross Council to process your application and thereafter to keep you informed of any updates with regard to your application or licence. Page 14 of 24
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21; . 9031 . 33 Your information will be shared with Police Scotland, Scottish Fire and Rescue Service, Planning Service and E Environment Services in order to determine if you are a fit and proper person to hold a licence. A g requirement for this licence is to display a site notice for 21 days which the public can view and this will 5, contain personal information which will include your name and address. \ A \ g The Council may also check information provided by you, or information about you provided by a third ,':.031 party, with other information held by us. We may also get information from certain third parties or share 5 your information with them in order to verify its accuracy, prevent or detect crime, protect public funds or S where required by law. 00 You should be aware that the names of individuals who hold this licence appear on a register which is available for public inspection I declare that the particulars given by me on this form are true. | consent to the sharing of my personal information for the purposes set out above, Signature of applicant/agent Signature of applicant(s) to be removed from licence or added to licence 030 Date 030 It is an offence to make any statement in this-application which you know to be false or to 030 recklessly make any statement which is falsé in a material particular. Offences are punishable by a fine up to £1,000. June 2019 Page 15 of 24
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E g 030 ~ 'U E._. i \ § .2031 . . T i B . '3: a X K} I030a - . «xv» TaXI/Prlvate HIre Car .3ou Nc. L Certificate of F/z030ness Operator W , Vehicle ' 031 Registration Mark imm_ . h Licence No M . Date of Issue _ ) Q- i A Date of Expiry ZR C6 This is to certify that the above vehicie has been examined and found to be satisfactory for use as a ai/private hire car" under the statutory requirements prescribed; by Regulations made under Section 45 of the Read Traffic Act 1988 and Section 20 (1) of the Civic Government (Scotland) ACt 1982. Note: This certificate is only valid when presented with a current ' Council Tai/Private Hire Car030licence. Examiner on behalf of * ' Perth & Kinross Council Page 22 of 24
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