Minutes of meeting
Renfrewshire Council · 14 November 2024
Back to Regulatory Functions Board — 14 November 2024 and its agenda
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Minute of Meeting Regulatory Functions Board Date Time Venue Thursday, 14 November 2024 10:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Present: Councillor Audrey Doig, Councillor Neill Graham, Councillor Lisa-Marie Hughes, Councillor Janis McDonald, Councillor John McNaughtan, Councillor Sam Mullin, Councillor Andy Steel Chair Councillor McNaughtan, Convener, presided. In Attendance D Campbell, Managing Solicitor (Licensing), R Graham, Senior Solicitor (Litigation and Regulatory Services) E Currie, Senior Committee Services Officer, C Young, (Fair Trading & Licensing Officer) and R McCallum, Licensing & Committee Assistant (all Finance & Resources). Apologies Councillors McEwan and Montgomery. Declarations of Interest There were no declarations of interest intimated prior to the commencement of the meeting. Transparency Statements Councillor Steel indicated that he had a connection to item 4 by reason of previously having lived near the locus of the application. However, he indicated that he had applied the objective test and did not consider he had an interest to declare.
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1 Licensing of Short-term Lets: Implementation of Changes to Legislation and Review of Policy There was submitted a report by the Director of Finance & Resources relative to recent changes to the short-term lets licensing legislation and the steps the Council, as licensing authority, was required to take to implement these changes. DECIDED: (a) That the changes introduced by the new legislation be noted; (b) That the new application fees proposed for provisional short-term let licences and confirmation of these licences, and the proposed application fees for transfer of short- term let licences, all as set out at paragraphs 5.8 and 5.13 and Appendix 2 to the report be agreed; (c) That it be agreed that the changes set out in Appendix 1 to the report be made to the Council’s current policy as it related to temporary exemptions; (d) That officers be instructed to publish on the Council’s website details of the new fees and changes to the existing policy agreed by the Board; (e) That officers be instructed to develop new application forms and procedures relative to applications for provisional short-term let licences, and also for confirmation and transfer of short-term let licences; ND (f) That it be recommended to Council that changes be made to the Scheme of Delegated Functions as set out in paragraph 6.1 of the report; and (g) That otherwise the terms of the report be noted. 2 Civic Government (Scotland) Act 1982: Review of Taxi Fares within Renfrewshire There was submitted a report by the Director of Finance & Resources. Relative to a review of the taxi fares within Renfrewshire. Councillor McNaughtan, seconded by Councillor Steel, moved that the proposal received be proposed as a new taxi fares scale for Renfrewshire, except that the Glasgow Airport Terminal Departure Charge be set at £5.50, and that this agreed proposal be included in a newspaper advertisement. This was agreed unanimously. DECIDED: (a) That following review of the existing fares scale, as detailed in Appendix 1 to the report, it was agreed that the proposal received be proposed as a new taxi fares scale for Renfrewshire, except that the Glasgow Airport Terminal Departure Charge be set at £5.50, and that this agreed proposal be included in a newspaper advertisement, as detailed in paragraph 1.4 of the report;
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(b) That it be agreed that the revised fares scale come into effect on a proposed date of Monday 14 April 2025; (c) That it be noted that the proposal would be advertised in the local press; and (d) That it be agreed that the last day for lodging representations following on the proposed fare scale being advertised shall be one calendar month after the date of publication of that advertisement. 3 Renewal of Late Hours Catering Licences There were submitted the undernoted applications for renewal of Late Hours Catering Licences:- (a) Applicant: Select Service Partner UK Limited Premises: Starbucks, First Floor Main International Departures Lounge, Glasgow Airport Activity: provision of catering Operating hours: Monday to Sunday – 11.00 pm to 5.00 am Licence No.: LHC041 After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of two years and that the applicant continue to be an exception to the Board’s policy on trading hours. This was agreed unanimously. DECIDED: That the application be granted for a period of two years and that the applicant continue to be an exception to the Board’s policy on trading hours. (b) Applicant: Select Service Partner UK Limited Premises: Starbucks, Arrivals Hall, Glasgow Airport Activity: provision of catering Operating hours: Monday to Sunday – 11.00 pm to 5.00 am Licence No.: LHC042 After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of two years and that the applicant continue to be an exception to the Board’s policy on trading hours. This was agreed unanimously. DECIDED: That the application be granted for a period of two years and that the applicant continue to be an exception to the Board’s policy on trading hours. 4 Grant of Second Hand Dealer's Licence - Personal Appearance There was submitted the undernoted application for grant of a Second Hand Dealer’s Licence. The applicant had been asked to appear personally together with the Civic Licensing Standards Officer who had submitted a representation to the application received outwith the statutory timescale:-. Applicant: Jonathan Rooney Premises: 2A High Street, Johnstone Authorised activity: buying and selling of cars Operating hours: 7 days per week – 9.00 am to 5.00 pm
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Mr Rooney, the applicant, was invited into the meeting together with Mr Young, Civic Licensing Standards Officer, who had submitted a representation to the application received outwith the statutory timescale. On hearing the reasons for the lateness of the representation, the Convener proposed that the representation be taken into account when the application was being considered. This was agreed unanimously. After consideration of all matters before the Board, the Board adjourned to allow members to consider this application. The meeting was reconvened and the Convener proposed (i) that the application be granted for a period of one year and that the applicant be made an exception to standard condition 2 and (ii) that standard condition 8 of Mr Rooney’s licence be amended to read ‘the licence holder shall store vehicles purchased in the course of his dealings only on or near the premises specified in the licence certificate attached hereto’. This was agreed unanimously. DECIDED: (a) That the application be granted for a period of one year and that the applicant be made an exception to standard condition 2; and (b) That standard condition 8 of Mr Rooney’s licence be amended to read ‘the licence holder shall store vehicles purchased in the course of his dealings only on or near the premises specified in the licence certificate attached hereto’. 5 Variation of Private Hire Car Operator's Licence - Personal Appearance There was submitted the undernoted application for variation of a Private Hire Car Operator’s Licence. The applicant had been asked to appear personally:- Applicant: Waseem Sarwar Variation: exception to standard condition 9 Licence No.: PH1531 Mr Sarwar, the applicant, was invited into the meeting. After consideration of all matters before the Board, the Convener proposed that the application for variation be granted and that the applicant be an exception to standard condition 9. This was agreed unanimously. DECIDED: That the application for variation be granted and that the applicant be an exception to standard condition 9. 6 Surrender and Re-issue of Taxi Operator's Licence - Personal Appearances There was submitted the undernoted application for surrender and re-issue of a Taxi Operator’s Licence. The applicants had been asked to appear personally:- Present operator: Raymond Stanley Proposed operator: Kuldeep Kumar
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Licence No.: TX034 Mr Kumar, one of the applicants, was invited into the meeting. There was no appearance by or on behalf of Mr Stanley. The Convener proposed that the application be considered in Mr Stanley’s absence. This was agreed unanimously. After consideration of all matters before the Board, the Convener proposed that the application be granted. DECIDED: That the application be granted. 7 Variation of Taxi Operators' Licences - Personal Appearances There were submitted the undernoted applications for variation of Taxi Operators’ Licences. The applicants had been asked to appear personally:- (a) Applicant: Renfrewshire Radio Taxis Limited Variation: exception to standard condition 22 regarding vehicle age and requirement to test vehicle again within 28 days of any variation of licence Licence No.: TX171 Mrs Gatley, on behalf of the applicant, was invited into the meeting. After consideration of all matters before the Board, the Convener proposed that Renfrewshire Radio Taxis Limited’s application for variation of the Taxi Operator’s Licence be granted and that standard condition 22 of the licence be amended to enable Renfrewshire Radio Taxis Limited to continue to operate the present vehicle, registration number SF16 FTN, for a further period of two years from 10 August 2024, subject to the vehicle continuing to be tested at three-monthly intervals with the first inspection being carried out within 28 days of 14 November 2024. This was agreed unanimously. DECIDED: That Renfrewshire Radio Taxis Limited’s application for variation of the Taxi Operator’s Licence be granted and that standard condition 22 of the licence be amended to enable Renfrewshire Radio Taxis Limited to continue to operate the present vehicle, registration number SF16 FTN, for a further period of two years from 10 August 2024, subject to the vehicle continuing to be tested at three-monthly intervals with the first inspection being carried out within 28 days of 14 November 2024. Exclusion of Press and Public The Board resolved that the press and public be excluded from the meeting during consideration of the following items of business as it was 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) Applicant: Andrew McCallum Variation: exception to policy and standard condition 22 to operate a saloon car Licence No.: TX212c Mr McCallum, the applicant, was invited into the meeting. After consideration of all matters before the Board, the Convener proposed that consideration of the application be continued and that the applicant be invited to a future meeting of the Board following referral back to Occupational Health. This was agreed unanimously
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DECIDED: That consideration of the application be continued and that the applicant be invited to a future meeting of the Board following referral back to Occupational Health. Adjournment The meeting adjourned at 11.35 am and reconvened at 11.45 am. Sederunt Councillor Audrey Doig was not in attendance when the meeting reconvened. 8 Renewal of Taxi Driver's Licence - Personal Appearance There was submitted the undernoted application for renewal of a Taxi Driver’s Licence. The applicant had been asked to appear personally together with Police Scotland who had submitted a representation to the application received outwith the statutory timescale:- Applicant: Jason Belk Licence No.: T0181 Mr Belk, the applicant, and his Solicitor, Mr Banks, were invited into the meeting together with Sergeant Robertson, on behalf of the Chief Constable who had submitted a representation received outwith the statutory timescale to the application. On hearing the reasons for the lateness of the representation, the Convener proposed that the representation be taken into account when the application was being considered. This was agreed unanimously. After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of two years. This was agreed unanimously. DECIDED: That the application be granted for a period of two years. 9 Renewal of Taxi Operators' Licences There were submitted the undernoted applications for renewal of Taxi Operators’ Licences. Applicant (a) had been asked to appear personally together with Police Scotland who had submitted a representation to the application:- (a) Applicant: Jason Belk Licence No.: TX057 Mr Belk, the applicant, and his Solicitor, Mr Banks, together with Sergeant Robertson, on behalf of the Chief Constable who had submitted a representation to the application, remained in the meeting having not left following consideration of the previous item of business. After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of two years. This was agreed unanimously.
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DECIDED: That the application be granted for a period of two years. (b) Applicant: Graeme Anderson Licence No.: TX191 After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of two years and that Mr Anderson continue to be exempt from operating a wheelchair accessible vehicle. This was agreed unanimously. DECIDED: That the application be granted for a period of two years and that Mr Anderson continue to be exempt from operating a wheelchair accessible vehicle. 10 Grant of Private Hire Car Drivers' Licences There were submitted the undernoted applications for grant of Private Hire Car Drivers’ Licences. Applicants (a), (g), (h) and (i) had been asked to appear personally together with Police Scotland who had submitted objections to applications (a), (h) and (i) and an objection to application (g) received outwith the statutory timescale together with a further letter:- (a) Richard Sloss Mr Sloss, the applicant, was invited into the meeting together with Sergeant Robertson, on behalf of the Chief Constable who had submitted an objection to the application. After consideration of all matters before the Board, the Board adjourned to allow members to consider this application. The meeting was reconvened and the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. (b) Anthony Okolidim After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. (c) Tahir Ashraf After consideration of all matters before the Board, the Convener proposed that the application be granted until 8 August 2025. This was agreed unanimously. DECIDED: That the application be granted until 8 August 2025. (d) Abdihamid Elmi After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year.
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(e) Mohammed Gobara After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. (f) Rega Asan After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. Adjournment The meeting adjourned following consideration of application 10(f) and reconvened at 1.30 pm. Sederunt Councillor Mullin was not in attendance when the meeting reconvened. (g) Zabiullah Khan There was no appearance by or on behalf of Mr Khan. Sergeant Robertson, on behalf of the Chief Constable who had submitted an objection received outwith the statutory timescale to the application together with a further letter, was invited into the meeting. The Convener proposed that the application be considered in Mr Khan’s absence. This was agreed unanimously. On hearing the reasons for the lateness of the objection, the Convener proposed that the objection be taken into account when the application was being considered. This was agreed unanimously. The Managing Solicitor advised that the further letter, letter 2, contained details of matters which could only be considered if the interests of justice so required. On hearing further from Police Scotland, the Convener proposed that the interests of justice required that this further letter also be considered. This was agreed unanimously. After consideration of all matters before the Board, the Convener proposed that the application be refused. This was agreed unanimously. DECIDED: That the application be refused. (h) Fahad Minir Bhatti There was no appearance by or on behalf of Mr Bhatti. Sergeant Robertson, on behalf of the Chief Constable who had submitted an objection to the application was invited into the meeting. The Convener proposed that the application be considered in Mr Bhatti’s absence. This was agreed unanimously.
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After consideration of all matters before the Board, the Convener proposed that the application be refused. This was agreed unanimously. DECIDED: That the application be refused. (i) Rizwan Javid There was no appearance by or on behalf of Mr Javid. Sergeant Robertson, on behalf of the Chief Constable who had submitted an objection to the application was invited into the meeting. The Convener proposed that the application be considered in Mr Javid’s absence. This was agreed unanimously. After consideration of all matters before the Board, the Convener proposed that the application be refused. This was agreed unanimously. DECIDED: That the application be refused. (j) Abdullah Safdar After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. (k) Mohammad Al Rifai After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. (l) Noman Sahak After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year. 11 Grant of Private Hire Car Operator's Licence - Personal Appearance There was submitted the undernoted application for grant of a Private Hire Car Operator’s Licence. The applicant had been asked to appear personally:- Sayedmansoor Hashimi Mr Hashimi, the applicant, was invited into the meeting. After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of one year. This was agreed unanimously. DECIDED: That the application be granted for a period of one year.
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12 Hearing into Possible Suspension or Revocation of Private Hire Car Driver's Licence - Personal Appearance The Board considered the possible suspension or revocation of the undernoted Private Hire Car Driver’s Licence. The licence holder had been asked to appear personally together with Police Scotland:- Licence holder: Mumtaz Malik Licence No.: P0357 Mr Malik, the licence holder, was invited into the meeting together with Sergeant Robertson, on behalf of the Chief Constable. After consideration of all matters before the Board, the Managing Solicitor (Licensing) asked Mr Malik if he wished to address the Board on any action the Board might impose prior to any motions being made in relation to his Private Hire Car Driver’s Licence. Mr Malik then addressed the Board. Following consideration of Mr Malik’s’ submission, the Board adjourned to allow members to consider the matter. The meeting was reconvened and the Convener proposed that Mr Malik’s Private Hire Car Driver’s Licence be suspended for the unexpired portion of the duration of the licence with immediate effect. This was agreed unanimously. DECIDED: That Mr Malik’s Private Hire Car Driver’s Licence be suspended for the unexpired portion of the duration of the licence with immediate effect. 13 Request for Exemption from Carrying Guide Dogs, Hearing Dogs and Assistance Dogs - Personal Appearance There was submitted the undernoted request for exemption from carrying guide dogs, hearing dogs and assistance dogs. The licence holder had been asked to appear personally:- Licence holder: Mark Nugent Licence No.: P0184 Mr Nugent, the licence holder, was invited into the meeting. After consideration of all matters before the Board, the Convener proposed that the request for exemption from carrying guide dogs, hearing dogs and assistance dogs be granted for the duration of Mr Nugent’s current Private Hire Car Driver’s Licence. This was agreed unanimously. DECIDED: That the request for exemption from carrying guide dogs, hearing dogs and assistance dogs be granted for the duration of Mr Nugent’s current Private Hire Car Driver’s Licence.