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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

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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 
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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 
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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. 
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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. 
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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. 
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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,
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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.
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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
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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
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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 
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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
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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
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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
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