Agenda Document Pack - Licensing Committee - 27/10/2022
Perth and Kinross Council · 27 October 2022
Back to Licensing Committee — 27 October 2022 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 20/10/2022 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Thursday, 27 October 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: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Bailie Chris Ahern Councillor Keith Allan Councillor Hugh Anderson Bailie 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 20
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Licensing Committee Thursday, 27 October 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 MINUTES (i) MINUTE OF MEETING OF LICENSING COMMITTEE OF 8 SEPTEMBER 2022 FOR APPROVAL (copy herewith) 5 - 8 (ii) MINUTE OF MEETING OF LICENSING COMMITTEE OF 22 SEPTEMBER 2022 FOR APPROVAL (copy herewith) 9 - 10 4 VARIATION OF A LATE HOURS CATERING LICENCE NO. LH144 Report by Head of Legal Services (copy herewith 22/254) 11 - 12 5 MATERIAL CHANGE IN CIRCUMSTANCES - TAXI OPERATOR LICENCE - TO47 Report by Head of Legal Services (copy herewith 22/255) 13 - 20 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 TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD/2145 - 1 YEAR • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P2 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD/2138 - 1 YEAR Page 3 of 20
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• Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P3 RENEWAL OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD1785 - 1 YEAR • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P4 SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD1267 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 4 of 20
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth on Thursday 8 September 2022 at 10.00am. Present: Bailie M Williamson, Councillor I MacPherson, Councillors K Allan, H Anderson, Bailie R Brock, Councillors S Carr, E Drysdale, K Harvey, D Illingworth (Item P3 only), W Robertson and G Stewart. In Attendance: A Brown, D Gilkison, J Guild, S McQueen and M Pasternak (all Corporate and Democratic Services), J Allen and K Thomson-Craig (Police Scotland). Apologies for Absence: Bailie C Ahern and Councillor C Reid. Bailie M Williamson, 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 Bailie Brock declared an interest in Item P1 Suspension of Taxi/Private Hire Car Driver Licence – TD1507. 3. MINUTES The Minute of Meeting of the Licensing Committee of 3 August 2022 was submitted and approved as a correct record. 4. NOTICE OF PUBLIC PROCESSION – AUCHTERARDER RUNNING FESTIVAL This item was withdrawn from consideration prior to the meeting. 5. VARIATION OF CONDITION OF STREET TRADER LICENCE – ST452 There was submitted a report by the Head of Legal and Governance Services (22/206) together with application form, photographs of the proposed site, street trader licence conditions and four letters of objection in relation to the variation of a street trader licence. The applicant was in attendance via telephone. Joanna Miller, Applicant’s Solicitor, attended the meeting, addressed the Committee, and answered Members’ questions. Liam Cayless, Objector, attended the meeting, addressed the Committee, and answered Members’ questions. (i) Page 5 of 20
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FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Resolved: Variation of Condition 7 of Street Trader Licence ST452, be granted. 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 DECLARED AN INTEREST IN THE FOLLOWING ITEM, BAILIE BROCK LEFT THE CHAMBERS. P1. SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD1507 There was submitted a report by the Head of Legal and Governance Services (22/207) together with a letter of representation dated 11 August 2022 from Police Scotland, regarding Suspension of a Taxi Driver Licence. 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: Taxi/Private Hire Car Driver Licence TD1507, be not suspended. P2. CONTINUED SUSPENSION OF STREET TRADER LICENCE – ST396 There was submitted a report by the Head of Legal and Governance Services together with a letter of objection dated 18 August from Police Scotland, regarding Immediate Suspension of a Street Trader Licence. The applicant failed to attend. The representative of Police Scotland addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Motion (Bailie Williamson and Councillor Harvey) Suspension of Street Trader Licence ST396 be continued until 14 January 2024. Amendment (Councillors Allan and Robertson) Street Trader Licence ST396 be revoked immediately. Page 6 of 20
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In accordance with Standing Order 21, a roll call vote was taken. 6 members voted for the Motion as follows: Bailies Brock and Williamson and Councillors Carr, Drysdale, Harvey and Stewart. 4 members voted for the Amendment as follows: Councillors Allan, Anderson, MacPherson and Robertson. Resolved: Suspension of Street Trader Licence ST396 be continued until 14 January 2024. P3. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD2126 There was submitted a report by the Head of Legal and Governance Services (22/213) together with a letter of representation dated 20 July 2022 from Police Scotland, regarding Grant of a Taxi Driver Licence. 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: Taxi/Private Hire Car Driver Licence, be granted. Page 7 of 20
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth on Thursday 22 September 2022 at 3:30pm. Present: Bailie M Williamson (Convener), Councillor I MacPherson (Vice-Convener), Bailie C Ahern, Councillors K Allan, H Anderson, S Carr, E Drysdale, K Harvey, D Illingworth, C Reid, W Robertson and G Stewart. In Attendance: D Gilkison, S Rodger, J Guild, A Brown and M Pasternak (all Corporate and Democratic Services). Apologies for Absence: Bailie R Brock. Councillor M Williamson (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 Councillor W Robertson declared an interest In Item 4. Licensing of Short Term Lets and left the meeting at this point. 3. DEPUTATIONS In terms of Standing Order 13, the Committee agreed to hear deputations in relation to Item 4. Licensing of Short Term Lets. 4. LICENSING OF SHORT TERM LETS There was submitted a report by the Head of Legal and Governance Services (22/233) regarding the Licensing of Short Term Lets. D Gilkison, Licensing Manager, attended the meeting, addressed the Committee, and answered Members’ questions. Councillor Angus Forbes, attended the meeting, addressed the Committee, and answered Member’s questions. Fiona Campbell, Chief Executive of The Association of Scotland’s Self Caterers, attending the meeting, addressed the Committee, and answered Member’s questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. (ii) Page 9 of 20
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Resolved: The Committee: (i) Note and consider the views expressed in response to the public consultation exercise which was carried out between 5 August 2022 and 25 August 2022; (ii) Approve the final draft policy (Appendix 2) for publication including the table of fees and additional conditions subject to any amendments the Licensing Committee wish to make after consideration of the consultation responses; and (iii) Instructs the Head of Legal and Governance Services to publish the final Policy online, subject to any amendments, no later than 1 October 2022. Page 10 of 20
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PERTH AND KINROSS COUNCIL Licensing Committee – 27 October 2022 VARIATION OF A LATE HOURS CATERING LICENCE NO. LH144 Report by Head of Legal Services Name and Address: Ayasofya Ltd 7 Bracken Brae Perth PH1 2SF Premises: Ayasofya Turkish Grill 56 Scott Street Perth PH2 8JW Expiry Date: 21 August 2025 Reason for Report: The applicant has applied for a Variation of Late Hours Catering Licence to extend the current licence to 3.30am, Thursday to Sunday. This application is out with current policy. The premises is currently licensed from 11pm to 1am, Monday to Sunday. Background Information The current policy is 11pm until 1am. Contact Officer: D Gilkison 4 Page 11 of 20
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PERTH AND KINROSS COUNCIL Licensing Committee – 27 October 2022 MATERIAL CHANGE IN CIRCUMSTANCES – TAXI OPERATOR LICENCE – TO47 Report by Head of Legal Services (Report No 22/255) Name and Address: Partnership of Muhammad Nazir & Batool Batool 80 Cluny Terrace Perth PH1 2HP 9 Month Decision Date: 17 July 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 received 18 October 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 will be 10 years old on the date of first registration on the 14 January 2023. The applicants’ vehicle fitness test is due to expire on 14 January 2023. Contact Officer: D Gilkison 5 Page 13 of 20
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