Agenda Document Pack - Regulatory Functions Board - 29/05/2025
Renfrewshire Council · 29 May 2025
Back to Regulatory Functions Board — 29 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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21/05/2025 Notice of Meeting and Agenda Regulatory Functions Board Date Time Venue Thursday, 29 May 2025 10:00 Remotely by MS Teams, Membership Councillor John McNaughtan (Convener): Councillor Cathy McEwan (Depute Convener): Councillor Audrey Doig: Councillor Neill Graham: Councillor Lisa-Marie Hughes: Councillor Janis McDonald: Councillor Kevin Montgomery: Councillor Sam Mullin: Councillor Emma Rodden: Councillor Andy Steel: Further Information - online meetings only This meeting is on-line only but is a meeting which is open to members of the public by prior arrangement. A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk Members of the Press and Public - contact details Members of the press and public wishing to attend the meeting should contact democratic- services@renfrewshire.gov.uk to allow the necessary arrangements to be made. Recording of Meeting This meeting will be recorded for subsequent broadcast via the Council's internet site. If you have any queries regarding this please contact committee services on democratic- services@renfrewshire.gov.uk To find the recording please follow the link which will be attached to this agenda once the meeting has concluded. MARK CONAGHAN Head of Corporate Governance Page 1 of 14
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21/05/2025 Items of business Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. 1 Variation of Private Hire Car Operator's Licence Submit the undernoted application for variation of a Private Hire Car Operator’s Licence. The applicant has been asked to appear personally:- Applicant: MD Moshin Variation: exception to policy Licence No.: PH0707 2 Grant of Private Hire Car Operator's Licence Submit the undernoted application for grant of a Private Hire Car Operator’s Licence. The applicant has been asked to appear personally:- Daniel Buttar 3 Renewal of Private Hire Car Operator's Licence Submit the undernoted application for renewal of a Private Hire Car Operator’s Licence. The applicant has been asked to appear personally:- Applicant: Rahmatullah Naqibullah Licence No.: PH0691 4 Grant of Private Hire Car Driver's Licence Submit the undernoted application for grant of a Private Hire Car Driver's Licence. The applicant has been asked to appear personally:- Joseph McGoldrick 5 Licensing of Short-term Lets: Review of Temporary Exemptions Policy Report by the Director of Finance & Resources. 7 - 14 Page 3 of 14
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21/05/2025 6 Surrender and Re-issue of Taxi Operators' Licences Submit the undernoted applications for the surrender and re-issue of Taxi Operators’ Licences. Applicants (a) and (b) have been asked to appear personally:- (a) Present Operator: Thomas Grant Proposed Operator: Thomas Khawli Licence No.: TX055 Exclusion of Press and Public The Board may by resolution exclude the press and public from the meeting during consideration of the following items of business as it is likely, in view of the nature of the business to be transacted, that if members of the press and public were present there would be disclosure to them of exempt information as defined in paragraph 3 of part I of schedule 7A of the Local Government (Scotland) Act 1973. (b) Present Operator: Gordon Campbell Proposed Operator: Anthony Barlow Licence No.: TX207 (c) Present Operator: Paul McCarthy Proposed Operator: Craig Allan Licence No.: TX215 7 Grant of Private Hire Car Operators' Licences Submit the undernoted applications for grant of Private Hire Car Operators’ Licences. Applicants (a), (b) and (d) have been asked to appear personally:- (a) Muhammad Ibrahim (b) LakPhat Rai (c) Hatim Soliman (d) Amgad Saheh M Al-Wesabi (e) Jomagull Shaiastagull Adjournment The meeting will adjourn following consideration of application 8(f) and reconvene at 1.30 pm. 8 Grant of Private Hire Car Drivers' Licences Submit the undernoted applications for grant of Private Hire Car Drivers’ Licences. Applicants (c), (g) and (h) have been asked to appear personally together with Police Scotland who has submitted representations to applications (g) and (h):- (a) Jomagull Shaiastagull (b) Hazem Alhaji (c) Aqeel Ur Rehman Page 4 of 14
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21/05/2025 (d) Habibullah Eshaqzai (e) Hassan Abbas (f) David Mugenyi (g) Safiullah Samar (h) Abdul Rehman Shahid (i) Olumide Ogunjumi (j) Ajmal Khan (k) Shamali Khan Naseri (l) Apon Mitra (m) Jamshid Naseri (n) Hatim Soliman (o) Muhammad Arshad Bibi (p) Uchenna Nwosu (q) Tahler Alataher 9 Renewal of Private Hire Car Driver's Licence Submit the undernoted application for renewal of a Private Hire Car Driver’s Licence. The applicant has been asked to appear personally together with Police Scotland who has submitted an objection to the application:- Applicant: Lukasz Kazanowski Licence No.: P0798 10 Grant of Taxi Driver's Licence Submit the undernoted application for grant of a Taxi Driver’s Licence:- Mahammad Kouka 11 Exemption from Mobility Assistance Duties Submit the undernoted application for exemption from mobility assistance duties under the Equality Act 2020. The applicant has been asked to appear personally:- Applicant: Paul Anderson Licence No.: T2047 Page 5 of 14
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__________________________________________________________________ To: Regulatory Functions Board On: 29th May 2025 ___________________________________________________________________ Report by: Director of Finance & Resources ___________________________________________________________________ Heading: Licensing of Short-term Lets: Review of Temporary Exemptions Policy ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to advise the Board that a statutory review of the Council’s policy regarding Temporary Exemptions for short-term lets is due to be carried out. The Board is asked to agree to consult the parties named at Appendix 1 to the report. 1.2 The Board requires to update its policy in relation to Temporary Exemptions every three years. The date by which the policy requires to be reviewed and published, following consultation with such persons as the Council considers appropriate, is 1st October 2025. ___________________________________________________________________ 2. Recommendations The Board is asked to: 2.1 Note the statutory requirement to review the Council’s policy on Temporary Exemptions for short-term lets at this time; and 2.2 Agree to consult the parties set out at Appendix 1 regarding the terms of the current policy regarding Temporary Exemptions and the wider terms of the Council’s policy on the licensing of short-term lets. _________________________________________________________ Item 5 Page 7 of 14
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3. Background 3.1 As a result of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (“the 2022 Order”) being passed, the Council required to introduce a scheme for the licensing of short-term lets by 1st October that year. Following consultation with interested parties, the Board agreed, when setting up the licensing scheme, the terms of a policy regarding the use of Temporary Exemptions, as required by the terms of the 2022 Order. Temporary Exemptions allow, on an application made to the Council, an exemption from the requirement for a short-term let licence for a specified property or properties. The terms of the current policy on this are set out at Appendix 2 to this report. 3.2 In accordance with guidance published by the Scottish Government, the Board also adopted a wider policy regarding the licensing of short- term lets, to cover various other matters: e.g., the use of temporary licences and the duration of licences. This wider policy is not a requirement made under the terms of the 2022 Order, but guidance published by the Scottish Government suggests that licensing authorities agree policies covering such matters. A policy document setting out the Board’s current approach to these various matters can be accessed at: Renfrewshire Council policy for short-term lets of residential accommodation in Renfrewshire 3.3 The 2022 Order was amended by further legislation (“the 2024 Order”) in 2024. The Board considered a report regarding the amendments on 14th November 2024. With regard to Temporary Exemptions, the 2024 Order clarified that these could be sought to cover up to three periods totalling six weeks within a calendar year. As a result, the Board agreed on 14th November 2024 that the previous policy on Temporary Exemptions be amended to reflect this change in the legislation. As the change made to the policy at that time was essentially to bring the Board’s previous policy in line with the amended legislation, the Board did not consider it appropriate to consult in relation to that matter at that time. The report considered on that date however acknowledged the need for a statutory review of the policy on Temporary Exemptions in 2025. 3.4 To date, no requests for Temporary Exemption in Renfrewshire have been received. 3.5 In order to meet the requirement to review the Board’s policy on Temporary Exemptions every three years, it is proposed to consult with the parties set out at Appendix 1. The proposed consultees are similar to the parties consulted when the Board’s policy document relating to Page 8 of 14
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the licensing of short-term lets was prepared in 2022, except that those who have since obtained, or who have a pending application for, a short-term let licence have been added to the consultation list. 3.6 Although not a requirement of the Licensing Order, as amended, it is proposed to give consultees an opportunity to suggest revisals to the wider short-term lets licensing policy, now that the licensing scheme has been in place for three years and the transitional period for existing operators is complete. 3.7 It is anticipated that a further report will be brought to the Board following the summer recess to allow for publication of the revised policy prior to 1st October 2025. ___________________________________________________________________ Implications of the Report 1. Financial - None. 2. HR & Organisational Development - None 3. Community/Council Planning – • Building strong, safe and resilient communities – The short-term let licensing regime was introduced with requirements designed to ensure safety of short-term let properties. The Temporary Exemption procedure allows licensing authorities to allow some flexibility within the regulatory regime to allow short-term lets to operate without a licence being obtained. 4. Legal – as detailed in the report. 5. Property/Assets – None 6. Information Technology - None 7. Equality & Human Rights - (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because they propose that statutory consultation be followed regarding an existing policy. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. Page 9 of 14
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8. Health & Safety - None 9. Procurement - None 10. Risk - None 11. Privacy Impact - None 12. Climate Risk - None 13. Children’s Rights - the recommendations in the report are not considered to be incompatible with the UNCRC 14. Cosla Policy Position - Nil _______________________________________________________ List of Background Papers None ___________________________________________________________________ Author: Douglas Campbell, Managing Solicitor (Licensing) 0141-487-1096 douglas.campbell@renfrewshire.gov.uk Page 10 of 14
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APPENDIX 1 1. All Renfrewshire short-term let licence holders/ licence applicants 2. Police Scotland 3. Scottish Fire and Rescue 4. Chief Executive and all Renfrewshire Council Directors 5. Head of Communities and Public Protection 6. Andrew McKean, Tourism Officer, Chief Executive’s Service 7. Visit Scotland 8. Fiona Campbell, The Association of Scotland’s Self Caterers (ASSC) 9. Scottish Guest House and Bed and Breakfast Alliance 10. Federation of Small Businesses 11. Renfrewshire Chamber of Commerce 12. AirBnB Page 11 of 14
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APPENDIX 2 Renfrewshire Policy on Temporary Exemptions- updated November 2024* 9. Temporary Exemptions 9.1 The Council requires under the modified provisions of the 1982 Act to publish, and keep under review, a policy statement in relation to its functions relating to Temporary Exemptions. 9.2 The Council, as licensing authority, may, but is not required to, grant a temporary exemption from the requirement to obtain a short-term let licence in relation to a specified property or properties if, in one calendar year, there are no more than three separate periods of temporary exemption for that property or properties and the total period of temporary exemption is six weeks or less. In order to do so, the Council may consult the chief constable and the Scottish Fire and Rescue Service. The Council is also empowered, in granting any temporary exemption, to attach conditions to that exemption. 9.3 The Council requires to publish its first policy statement on temporary exemptions on or before 1st October 2022 and on or before the same date every three years thereafter. The policy statement must be made available on the Council’s website. In preparing/ reviewing their policy statement, the Council must consult with such persons as they consider appropriate. In preparing its policy statement in advance of 1st October 2022, the Board consulted the parties as already set out at Paragraph 1.1 above. The Board agreed a revised policy regarding temporary exemptions with limited changes in November 2024 to reflect legislative amendments made by the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 9.4 Following consultation, the Board has agreed that temporary exemptions will be able to be granted in Renfrewshire in certain circumstances. The Board has agreed that a temporary exemption may be suitable for granting in exceptional circumstances where an influx of large numbers of visitors is likely to require increasing accommodation capacity within Renfrewshire due to sporting, cultural or other events or festivals of national or international significance, or due to an emergency situation of similar significance. 9.5 The fee chargeable for a Temporary Exemption is currently £105 (originally £100). This may change slightly during the period of this policy being in place where fees are reviewed generally by the Council, so those interested in seeking a Temporary Exemption should check the current fee within the Civic Licensing Fees section of the Council’s licensing web pages). The Council will consult Police Scotland and Scottish Fire and Rescue Service in relation to these applications, but considers that, as this is a simpler process than an application for a licence, this lower fee should be charged in comparison to the licensing application fees for short-term lets. Page 13 of 14
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9.6 Applications for temporary exemptions will be determined by Council officers in consultation with the Convener of the Regulatory Functions Board, taking into account whether the application meets the above requirements of this policy at Paragraph 9.4 and any representations received from Police Scotland and/ or Scottish Fire and Rescue Service. 9.7 The Council will seek to make a decision on a temporary exemption application within a period of two months but will seek to prioritise applications received at shorter notice due to unforeseen circumstances. Where the Council grants a Temporary Exemption, it will do so subject to the same conditions of licence applicable to licensed short-term lets, including both the mandatory and additional conditions published on the Council’s licensing web pages. A unique temporary exemption number will also be provided to the applicant. 9.8 Where an application for a Temporary Exemption is refused, the applicant is entitled to seek written reasons and should seek their own independent legal advice if they are considering whether to appeal the decision to the sheriff. *Please note that the current fee for Temporary Exemption applications is £111. Page 14 of 14