Agenda Document Pack - Licensing Committee - 30/01/2023
Perth and Kinross Council · 30 January 2023
Back to Licensing Committee — 30 January 2023 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 23/01/2023 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Monday, 30 January 2023 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) 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 38
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Licensing Committee Monday, 30 January 2023 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/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE LICENSING COMMITTEE OF 14 DECEMBER 2022 FOR APPROVAL (copy herewith) 5 - 6 4 MATERIAL CHANGE IN CIRCUMSTANCES - TAXI OPERATOR LICENCE - TO1 Report by Head of Legal and Governance Services (copy herewith 23/16) 7 - 16 5 MATERIAL CHANGE IN CIRCUMSTANCES - TAXI OPERATOR LICENCE - TO127 Report by Head of Legal and Governance Services (copy herewith 23/17) 17 - 26 6 MATERIAL CHANGE IN CIRCUMSTANCES - PRIVATE HIRE OPERATORS LICENCE - PH336 Report by Head of Legal and Governance Services (copy herewith 23/18) 27 - 38 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 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. P2 RENEWAL OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD442 Page 3 of 38
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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 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD1704 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P4 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2182 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P5 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2162 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P6 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2174 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P7 GRANT 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 38
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth on Wednesday 14 December 2022 at 10.00am. Present: Bailies C Ahern, R Brock and M Williamson, Councillors H Anderson, K Allan, S Carr, E Drysdale, K Harvey, D Illingworth, I MacPherson, C Reid, G Stewart and W Robertson. In Attendance: A Brown, J Guild, M McLaren, S Michie, M Pasternak and D Rankine (all Corporate and Democratic Services), J Gordon and D Smith (Police Scotland). Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. 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 27 October 2022 was submitted and approved as a correct record. 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. For the following items, Councillor I MacPherson, took the Chair. P1. RENEWAL OF SECOND HAND DEALERS LICENCE – SD424 – 3 YEAR There was submitted a report by the Head of Legal and Governance Services (22/302) together with a letter of objection dated 21 October 2022 and request for suspension dated 7 January 2021, both from Police Scotland, regarding Renewal of a Second Hand Dealers Licence. The applicant was in attendance. The representative of Police Scotland addressed the Committee and answered Members’ questions. The applicant’s Solicitor, Mr R Hall, also addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. 3 Page 5 of 38
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Resolved: Renewal of Second Hand Dealers Licence, be deferred pending the outcome of criminal proceedings and brought back to the next available meeting of the Licensing Committee, scheduled to take place on 6 March 2023. P2. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD1704 – 3 YEAR There was submitted a report by the Head of Legal and Governance Services (22/303) together with a letter of representation dated 2 November 2022 from Police Scotland, regarding Grant of a Taxi/Private Hire Car Driver Licence. The applicant failed to attend. Resolved: Grant of Taxi/Private Hire Car Driver Licence, be deferred until the next available meeting of the Licensing Committee, scheduled to take place on Monday 30 January 2023. P3. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD2155 – 3 YEAR There was submitted a report by the Head of Legal and Governance Services (22/304) together with a letter of representation dated 24 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. FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED. Resolved: Taxi/Private Hire Car Driver Licence, be granted for a period of one year. Page 6 of 38
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PERTH AND KINROSS COUNCIL Licensing Committee – 30 January 2023 MATERIAL CHANGE IN CIRCUMSTANCES – TAXI OPERATOR LICENCE – TO1 Report by Head of Legal Services Name and Address: Mr Peter J Pendlebury 23 Muirton Place Perth PH1 5DJ Age: 67 years 9 Month Decision Date: 18 September 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 19 December 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 from the date of first registration on the 17 May 2023. 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. The applicants’ annual vehicle fitness test is due to expire on 21 January 2023. Contact Officer: D Gilkison, 4 Page 7 of 38
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1 Peter J Pendlebury 23 Muirton Place Perth PH1 5DJ Tel: Perth & Kinross Council Licensing Committee Members Date: 05-12-2022 Appeal to the Licensing Committee to extend usage of vehicle as a public hire vehicle Dear Members of the Committee, I have vehicle registration number NA13XPM which is a 7-seater Seat Alhambra the vehicle is licensed to carry 6 passengers with Perth & Kinross Council as a Public Hire Vehicle, the vehicle is Licence Number TO 1. I purchased the vehicle in August 2016 when it was 3 years old, it was bought to replace an older Seat Alhambra I had been using. One of the reasons I purchased this size of vehicle was to cater for the number of passenger seats required for a Perth & Kinross Council School Contract I had at the time, the contract had 2 years remaining and ran until the end of the academic year in June 2018. In July 2018 during the tendering exercise, I retendered for the same contract which required the same amount of passenger seats I was successful in that tender and was awarded the same contract. The contract was awarded for 3 years the contract would now run until end of school in June 2021. In 2021 when the contact was due to expire the vehicle would be 8 years old and therefore would have to be replaced. I had plans to apply for another contract in the tendering exercise in the July 2021, if successful in that tendering exercise depending how many seats were required for the contract would determine the size of vehicle I would need. The country was put into lockdown on the 23rd of March 2020 due to the covid pandemic, over the period various covid restrictions were imposed throughout 2020 and 2021. As mentioned, I had planned to replace the vehicle In 2021 this was now put on hold due to the covid restrictions put in place by the government, fortunately by this time the council had extended the age of a vehicle which could be used as a Public Hire Vehicle, you could now use a vehicle until it was 10 years old. I stopped all taxi hire work during the covid restriction period to reduce the spread of infection I worked throughout the covid restriction period on behalf of the Council. I continued with the school contract, during the more severe covid restrictions when the schools were closed i assisted with the transportation of key workers to and from work, I covered the nurses and staff at Cragieknowes Care Home. As a veteran I had been doing voluntary work for the previous 4 years for the charity fares4free, this voluntary work was also put on hold during the covid restriction period due to the possible spread of the infection. I did help fares4free during covid restrictions with veterans who were shielding and were not allowed to leave home. I received the veterans shopping list from a veteran’s association by phone I would then do the shop and pay for it. 4 Page 15 of 38
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2 Wearing the appropriate PPE I then delivered the shopping to the front door of the veteran’s home without close contact to the shielding veteran i had a wee chat with them then continued on my way, my bank account was then reimbursed by the appropriate veterans’ association. When considering the wear and tear and milage of the vehicle the amount of work I carried out during the covid restriction period the vehicle did not carry out near as much mileage as it would have done had the covid pandemic not happened. I would estimate that the vehicle over the 2-year period covered 20,000 to 30,000 less miles than it would have done had the pandemic not happened, this reduced milage and usage although it doesn’t reduce the age of the vehicle it significantly reduced the wear and tear of the vehicle. Although my income was reduced over the covid period, I didn’t claim for any Self-employed Income Support from the government or for any of the government grants that were available as my income didn’t fall below the level at which you could claim for financial support. In April 2021 the Public Transport Unit at the Council made the decision to offer operators an extension to the school contracts for 2 years, the offer was that contracts would be extended until end of term in June 2023, I accepted that extension. I presume that there will be a major tendering exercise in June and into the month of July 2023 and contracts will be awarded before Schools commence on the 16th August 2023. The vehicle had its last 6 monthly fit for purpose test on the 22 July 2022, the next test is due on the 21st January 2023. The vehicle is 10 years old on the 17th May 2023, this is only 6 weeks before the term ends on the 29 June 2023 and only 9 weeks before the date that the 6 month fit for purpose test carried out in January 2023 would expire if the vehicle was under 10 years old. Taking all this into consideration I have decided to put a case forward to the Licensing Committee to request an extension to the use of the vehicle beyond the age of 10 years. I intend to tender for a school contract in the June/July 2023 tendering exercise. If I am successful in the tendering exercise, then depending how many passenger seats are required to fulfil the contract would then determine the size of vehicle I would need. I expect the results of the tendering exercise to be published sometime in July 2023. I am making this application to the Licencing committee to grant me permission to use vehicle registration number NA13XPM until the 21st July 2023 which would be the end of the 6- month period that starts when the vehicle is tested on the 21st January 2023. If my application for the extension is granted this would allow me time to purchase a vehicle and give me the opportunity of purchasing the appropriate size of vehicle depending how many seats would be required if I was awarded a school contract. The price of second-hand cars has risen dramatically over the past 18 months, however if a 7-seater vehicle is required then so be it, the vehicle and its cost will be appropriate to the contract. If a smaller 5 seater was to suffice and accommodate the council contract or if I was unsuccessful in the tendering exercise then I would most likely decide to purchase a 5 seater vehicle which would considerably lower my financial commitment. Yours sincerely Peter John Pendlebury Taxi Page 16 of 38
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PERTH AND KINROSS COUNCIL Licensing Committee – 30 January 2023 MATERIAL CHANGE IN CIRCUMSTANCES – TAXI OPERATOR LICENCE – TO127 Report by Head of Legal Services Name and Address: Mr David Flynn Windyhillock Fowlis Wester Crieff PH7 3NL Age: 64 years 9 Month Decision Date: 11 October 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 12 January 2023). 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 12 years old from the date of first registration on the 24 February 2023. 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. The applicants’ annual vehicle fitness test is due to expire on 10 February 2023. Contact Officer: D Gilkison 5 Page 17 of 38
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To PERTH & KINROSS COUNCIL LICENCING COMMITTEE. I find myself writing to you in regards requesting that my wheelchair access vehicle SF60LAE be granted an extension of 12 months. This is due to the fact that I have been looking for the right vehicle to carry out the job of looking after the community, this is due to the different types of wheel chairs that are being used. At this moment in time I have not found the right type of vehicle that I would like to provide the community At the moment I am the only active wheelchair operator in the area I would be grateful if this extension would be granted. D M FLYNN 5 Page 25 of 38
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PERTH AND KINROSS COUNCIL Licensing Committee – 30 January 2023 MATERIAL CHANGE IN CIRCUMSTANCES – PRIVATE HIRE OPERATOR LICENCE – PH336 Report by Head of Legal Services Name and Address: Mr Matthew Jones 6 Mathieson Drive Perth PH1 2XA Age: 65 years 9 Month Decision Date: 21 September 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 22 December 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 from the date of first registration on the 13 March 2023. 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. The applicants’ annual vehicle fitness test is due to expire on 11 January 2023. Contact Officer: D Gilkison 6 Page 27 of 38
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Matthew Jones PH 336 AU13 YWT To whom it may concern As a follow up to the text below can I add the following. I have spoken with Moray Fraser at the Public Transport Unit regards this vehicle and the contract it covers. He is concerned that this will cause headaches and extra workload to the Transport Unit contracts schedules. They are busy enough as it is and are struggling to cover contracts . He agrees it would not make good business sense to buy a new vehicle for 3 months to cover this small contract. It is my belief that he has been in touch with Licensing to air his views and concerns also. My request is not to help me but to help the Transport Unit and to a greater extent , the Council in general . I perhaps also failed to emphasise more that this vehicle does NOT do general taxi work. It is Private Hire solely for council contract work, it does not carry a meter and only operates on daily contracts, nothing else. There is also the issue of two people losing their jobs which in the current climate is not a good prospect. And the most vital part of this contract, as is with all additional needs pupils, is continuity, routine, trust in the staff on the contract and well-being of those getting conveyed to school etc. I am only trying to help the Transport Unit for 3 months. Regards Matthew Jones This vehicle reaches it’s end of use age of 10 years on 13th March 2023. It is used for Perth & Kinross Council school contracts only, not general taxi work. The contracts expire on 30th June 2023. The vehicle will not be used for future contracts after this date. It is due a fitness test at Friarton in mid January which I have booked. My request is for an extension of the fitness certificate AND use of the vehicle until Friday 30th June as opposed to 13th March. My reasons for asking are it would be bad business practice to purchase a replacement car to use as a Private Hire for 3 months. The vehicle has low mileage and is in very good condition. It also helps that it is a 6 seater which is ideal for the school contract. I would be very appreciative if you would allow this change. Regards Matthew Jones 6 Page 35 of 38
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Matthew Jones PH 336 AU13 YWT This vehicle reaches it’s end of use age of 10 years on 13th March 2023. It is used for Perth & Kinross Council school contracts only, not general taxi work. The contracts expire on 30th June 2023. The vehicle will not be used for future contracts after this date. It is due a fitness test at Friarton in mid January which I have booked. My request is for an extension of the fitness certificate AND use of the vehicle until Friday 30th June as opposed to 13th March. My reasons for asking are it would be bad business practice to purchase a replacement car to use as a Private Hire for 3 months. The vehicle has low mileage and is in very good condition. It also helps that it is a 6 seater which is ideal for the school contract. I would be very appreciative if you would allow this change. Regards Matthew Jones 6 Page 37 of 38
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