Agenda Document Pack - Licensing Committee - 14/12/2022
Perth and Kinross Council · 14 December 2022
Back to Licensing Committee — 14 December 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 06/12/2022 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Wednesday, 14 December 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 8
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Licensing Committee Wednesday, 14 December 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 LICENSING COMMITTEE OF 27 OCTOBER 2022 FOR APPROVAL (copy herewith) 5 - 8 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 SECOND-HAND DEALER LICENCE - SD424 - 3 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 - TD1704 - 3 YEAR • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P3 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD/2155 - 3 YEAR • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 3 of 8
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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 27 September 2022 at 10.00am. Present: Bailies C Ahern, R Brock and M Williamson, Councillors H Anderson, E Drysdale, M Frampton (substituting for S Carr), K Harvey, C Reid (up to Item P4), and G Stewart. In Attendance: A Brown, J Guild, S McQueen, S Michie and K Molley (all Corporate and Democratic Services), J Gordon and M Simpson (Police Scotland). Apologies for Absence: Councillors K Allan, S Carr, D Illingworth and W Robertson. 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 Ahern declared an interest in Item P4 – Suspension of Taxi/Private Hire Car Driver Licence – TD1267. 3. MINUTES The Minutes of Meetings of the Licensing Committee of 8 and 22 September 2022 were submitted and approved as a correct record. 4. VARIATION OF LATE HOURS CATERING LICENCE – LH144 There was submitted a report by the Head of Legal and Governance Services (22/254) in relation to an application received for Variation of a Late Hours Catering Licence. The applicant attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Motion (Bailies Williamson and Ahern) Application for a Variation of Late Hours Catering Licence No. LH144, be refused, on the grounds that insufficient evidence has been provided to warrant a departure from the Council’s current Policy. Amendment (Bailie Brock and Councillor MacPherson) 3 Page 5 of 8
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Application for a Variation of Late Hours Catering Licence No. LH144, be approved for the hours of 1am – 3:30am on a Saturday only. In accordance with Standing Order 21, a roll call vote was taken. 6 Members voted for the Motion as follows: Bailie Ahern, Councillors Anderson, Drysdale, Reid, Stewart and Bailie Williamson. 4 Members voted for the Amendment as follows: Bailie Brock, Councillors Frampton, Harvey and MacPherson. Resolved: In accordance with the Motion. 5. MATERIAL CHANGE IN CIRCUMSTANCES – TAXI OPERATOR LICENCE – TO47 There was submitted a report by the Head of Legal and Governance Services (22/255) together with application form, in relation to the Material Change in Circumstances of a Taxi Operator Licence. The applicant attended the meeting, addressed the Committee, and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Motion (Bailies Williamson and Ahern) Application for a Material Change in Circumstances of Taxi Operator Licence TO47, be refused, on the grounds that not insufficient evidence has been provided to warrant a departure from the Council’s current Policy. Amendment (Councillors Harvey and Reid) Application for a Material Change in Circumstances of Taxi Operator Licence TO47, be approved. 6 Members voted for the Motion as follows: Bailie Ahern, Councillor Anderson, Bailie Brock, Councillors MacPherson, Stewart and Bailie Williamson. 4 Members voted for the Amendment as follows: Councillors Drysdale, Frampton, Harvey and Reid. Resolved: In accordance with the Motion. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEMS IN ORDER TO AVOID Page 6 of 8
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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 There was submitted a report by the Head of Legal and Governance Services (22/256) together with a letter of representation dated 5 October 2022 from Police Scotland, regarding Grant of a Taxi/Private Hire Car 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. P2. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD/2138 There was submitted a report by the Head of Legal and Governance Services (22/257) together with a letter of objection dated 21 September 2022 from Police Scotland, regarding Grant of a Taxi/Private Hire Car 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. P3. RENEWAL OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD1785 There was submitted a report by the Head of Legal and Governance Services (22/258) together with a letter of representation dated 29 August 2022 from Police Scotland and a Written Statement from the Applicant dated 19 October 2022, regarding Renewal of a Taxi/Private Hire Car 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 renewed. HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, BAILIE AHERN LEFT THE CHAMBERS AT THIS POINT. Page 7 of 8
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P4. SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE TD1267 There was submitted a report by the Head of Legal and Governance Services (22/259) together with a Request for Suspension dated 5 October 2022 from Police Scotland regarding Suspension of a Taxi/Private Hire Car 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. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Motion (Bailies Williamson and Councillor MacPherson) Taxi/Private Hire Car Driver Licence, be suspended for the remaining period to 29 November 2022, on the grounds that the applicant is no longer a fit and proper person to hold a Taxi/Private Hire Car Driver Licence. Amendment (Councillors Drysdale and Harvey) Suspension of Taxi/Private Car Driver Licence, be deferred pending outcome of criminal proceedings. In accordance with Standing Order 21, a roll call vote was taken. 3 Members voted for the Motion as follows: Councillors Anderson, MacPherson and Bailie Williamson. 5 Members voted for the Amendment as follows: Bailie Brock, Councillors Drysdale, Frampton, Harvey and Stewart. Resolved: In accordance with the Amendment. Page 8 of 8