Minutes of meeting
Renfrewshire Council · 28 March 2024
Back to Regulatory Functions Board — 28 March 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Minute of Meeting Regulatory Functions Board Date Time Venue Thursday, 28 March 2024 10:00 Remotely by MS Teams, Present: Councillor Neill Graham, Councillor Lisa-Marie Hughes, Councillor Janis McDonald, Councillor Cathy McEwan, Councillor John McNaughtan, Councillor Kevin Montgomery, Councillor Sam Mullin Present Councillor N Graham, Councillor Hughes, Councillor McDonald, Councillor McEwan, Councillor McNaughtan, Councillor Montgomery and Councillor Mullin. Chair Councillor McNaughtan, Convener, presided. In Attendance C Young, Fair Trading & Licensing Standards Officer (Environment, Housing & Infrastructure); and D Campbell, Managing Solicitor (Licensing), E Currie, Senior Committee Services Officer, D Cunningham and A Easdon, both Committee Services & Licensing Officers and K Marriott and R McCallum, both Licensing & Committee Assistants (all Finance & Resources). Apologies Councillors Audrey Doig and Rodden. Declarations of Interest Councillor McNaughtan declared an interest in item 1 of the agenda for the reason that he had prior knowledge of the application which had been discussed at a meeting of the Paisley East & Whitehaugh Community Council which he had attended. Councillor McNaughtan indicated that as he had declared an interest, he would withdraw from the meeting during any discussion and voting on the item.
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Transparency Statement Councillor Mullin indicated that he had a connection to item 1 of the agenda by reason of the Secretary of Paisley East & Whitehaugh Community Council being known to him. However, he indicated that he had applied the objective test and did not consider he had an interest to declare. Additional Items The Convener intimated that there were additional items of business in relation to the grant of a Short-term Let Licence and a request for a Deputation which had not been included in the notice calling the meeting. The Convener, being of the opinion that the items, which are dealt with at items 1 and 4 below, were urgent, authorised their consideration. Order of Business In terms of Standing Order 16, the Convener intimated that he proposed to alter the order of business to facilitate the conduct of the meeting by considering item 11 of the supplementary agenda prior to item 1 of the agenda; item 9 of the agenda after item 1 of the agenda; item 10 of the supplementary agenda after item 9 of the agenda; item 4(e) of the agenda after item 4(a) of the agenda; item 4(f) of the agenda after item 4(e) of the agenda; item 5 of the agenda after item 4(f) of the agenda; item 8 of the agenda after item 5 of the agenda; item 4(b) of the agenda after item 8 of the agenda; item 4(d) of the agenda before item 4(c) of the agenda; and items 7(a) and (b) of the agenda before item 6(c) of the agenda. 1 Deputation In terms of standing order 57, the Board considered a request from Jason Tannahill, on behalf of Renfrewshire Public Hire Association that a deputation be heard in the following terms:- Following on from our discussion at the recent Taxi Trade meeting I would like to request that the Regulatory Functions Board afford us the opportunity to have a deputation appear before them when they are discussing the Vehicle age and specification of Taxis in order for us to speak to our position regarding the WAV policy adopted by the Council and to discuss the findings of the response which we submitted during the consultation. I hope this accommodation can be made as we have serious concerns about Taxi provision in Renfrewshire if the current policy is not changed. The Convener proposed that the deputation be heard at a future meeting of the Board. This was agreed unanimously. DECIDED: That the deputation be heard at a future meeting of the Board.
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Declaration of Interest Councillor McNaughtan having previously declared an interest in the following item of business left the meeting and took no part in the discussion or voting thereon. Chair Councillor McEwan, Depute Convener, assumed the Chair. 2 Grant of Short-term Let Licence - Personal Appearance There was submitted the undernoted application for grant of a Short-term Let Licence. The applicant had been asked to appear personally for the first time together with the objector to the application:- Applicant: Mohammed Asif Khan Premises: Flat 1/2, 8 Clarence Street, Paisley Mr Khan, the applicant, joined the meeting by telephone call. There was no appearance by or on behalf of Paisley East & Whitehaugh Community Council, the objector to the application. After consideration of all matters before the Board the Depute Convener proposed that the application be granted for a period of three years. This was agreed unanimously. DECIDED: That the application be granted for a period of three years. Chair Councillor McNaughtan re-joined the meeting prior to consideration of the following item of business and resumed the Chair. 3 Renewal of Late Hours Catering Licence There was submitted the undernoted application for renewal of a Late Hours Catering Licence:- Applicant: Asda Stores Limited Premises: Phoenix Retail Park, Linwood, Paisley Activity: supermarket Operating hours: Monday to Sunday – 11.00 pm to 5.00 am. Licence No.: LHC050 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.
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Exclusion of Press and Public The Board resolved that the press and public be excluded from the meeting during consideration of the following item 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. 4 Grant of Short-term Let Licence There was submitted the undernoted application for grant of a Short-term Let Licence:- Applicant: Kevin Moir Premises: 69 Piper Road, Johnstone After consideration of all matters before the Board, the Convener proposed that the application be granted for a period of three years. This was agreed unanimously. DECIDED: That the application be granted for a period of three years. Admission of the Press and Public The press and public were invited back into the meeting prior to consideration of the following item of business. 5 Renewal of Street Trader's Licence - Personal Appearance There was submitted the undernoted application for renewal of a Street Trader’s Licence. The applicant had been asked to appear personally for the first time together with the late objector to the application:- Applicant: Stephen Gillman Premises: outside 21 High Street, Paisley Activity: toy model cars, models and coins Operating hours: Saturdays from 9.00 am to 5.00 pm Licence No.: ST010 Mr Gillman, the applicant, joined the meeting by video call, together with Mr Morrison, Head of Economy & Development, Renfrewshire Council, who had submitted an objection received outwith the statutory timescale to the application, who also joined the meeting by video call. On hearing the reasons for the lateness of the objection, Mr Gillman objected to the late objection being taken into account. The Convener proposed that the objection be taken into account when the application was being considered. This was agreed unanimously.
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After consideration of all matters before the Board, the meeting 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 two years. This was agreed unanimously. DECIDED: That the application be granted for a period of two years. 6 Renewal of Private Hire Car Operator's Licence - Personal Appearance There was submitted the undernoted application for renewal of a Private Hire Car Operator’s Licence. The applicant had been asked to appear personally for the first time:- Applicant: Syed Azhar Islam Shah Licence No.: PH1573 Mr Shah, the applicant, and Mrs Shah, his wife, both joined the meeting by telephone call. After consideration of all matters before the Board, the Convener proposed that Mr Shah’s application for renewal of his Private Hire Car Operator’s Licence be granted for a period of two years and that standard condition 1 of his licence be amended to enable Mr Shah to continue to operate his present vehicle, registration number FP15 VWH until 1 May 2024, subject to the vehicle continuing to be tested at three-monthly intervals. This was agreed unanimously. DECIDED: That Mr Shah’s application for renewal of his Private Hire Car Operator’s Licence be granted for a period of two years and that standard condition 1 of his licence be amended to enable Mr Shah to continue to operate his present vehicle, registration number FP15 VWH until 1 May 2024, subject to the vehicle continuing to be tested at three-monthly intervals. 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. 7 Surrender and Re-issue of Taxi Operators' Licences There were submitted the undernoted applications for the surrender and re-issue of Taxi Operators’ Licences. Applicants (a) and (b) had been asked to appear personally for the first time:- (a) Present Operator: Ian Mottram Proposed Operator: James Tiffoney Licence No.: TX110 Mr Tiffoney, the proposed operator, joined the meeting by video call. Mr Mottram, the present operator, had previously intimated that he would not be attending the meeting.
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After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted. (b) Present Operator: John Stewart Reid Proposed Operator: Anthony Barlow Licence No.: TX235 There was no appearance by or on behalf of Mr Reid, the present operator. Mr Barlow, the proposed operator, joined the meeting by video call. After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted. (c) Present Operator: William Marshall Proposed Operator: Nicholas Blunt Licence No.: TX056 After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted. 8 Grant of Taxi Driver's Licence There was submitted the undernoted application for grant of a Taxi Driver’s Licence:- Thomas Gatley 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. 9 Variation of Private Hire Car Operator's Licence There was submitted the undernoted application for variation of a Private Hire Car Operator’s Licence:- Applicant: Thomas Daley Variation: increase to 8 passengers Licence No.: PH0567 After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted.
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10 Surrender and Re-issue of Taxi Operator's Licences There were submitted the undernoted applications for surrender and re-issue of Taxi Operators’ Licences. Applicants (a) and (c) had been asked to appear personally for the first time:- (a) Present Operator: John McIntyre Proposed Operator: Brian Scott Licence No.: TX047 Mr McIntyre, the present operator, joined the meeting by telephone call and Mr Scott, the proposed operator, joined the meeting by video call. After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted. (b) Present Operator: Neil Doherty Proposed Operator: Anthony Doherty Licence No.: TX068 After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted. (c) Present Operator: David Pearson Proposed Operator: Thomas Simpson Licence No.: TX064 Mr Pearson and Mr Simpson, the present and proposed operators, both joined the meeting by telephone call. After consideration of all matters before the Board, the Convener proposed that the application be granted. This was agreed unanimously. DECIDED: That the application be granted. Adjournment The meeting adjourned at 11.50 am and reconvened at 12 noon. 11 Grant of Private Hire Car Drivers' Licences Under reference to item 7(c) of the Minute of the meeting of this Board held on 1 February 2024, the Board resumed consideration of application (a) for grant of a Private Hire Car Driver’s Licence and there was submitted application (b) for grant of a Private Hire Car Driver’s Licence. Applicant (a) had been asked to appear personally for the second time and applicant (b) had been asked to appear personally for the first time together with Police Scotland who had submitted an objection and a late supplementary letter to application (a) and an objection to application (b):-
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(a) Sajjad Hussain Mr Hussain, the applicant, and his Solicitor, Mr Reid, both joined the meeting by video call together with Sergeant Robertson, who also joined the meeting by video call, on behalf of the Chief Constable, who had submitted an objection and a supplementary letter received outwith the statutory timescale to the application. On hearing the reasons for the lateness of the supplementary letter, the Convener proposed that the letter be taken into account when the application was being considered. Mr Reid had no objection to the late supplementary letter being taken into account when the application was being considered. After consideration of all matters before the Board, the meeting adjourned to allow members to consider this application. The meeting was reconvened and the Convener proposed that the application be refused. This was agreed unanimously. DECIDED: That the application be refused. Sederunt Councillor Montgomery left the meeting prior to consideration of the following item of business. (b) Preacher Muguza Mr Muguza, the applicant, joined the meeting by video call. Sergeant Robertson, remained in the meeting by video call having not left following consideration of the previous item of business, on behalf of the Chief Constable who had submitted an objection to the application. After consideration of all matters before the Board, the meeting 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. Adjournment The meeting adjourned at 1.20 pm and reconvened at 2.15 pm. 12 Grant of Private Hire Car Operators' Licences There were submitted the undernoted applications for grant of Private Hire Car Operators’ Licences. Applicant (a) had been asked to appear personally for the first time:- (a) Rahmatullah Naqibullah Mr Naqibullah, the applicant, joined the meeting by telephone call. 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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(b) Slim Abidi 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. 13 Grant of Private Hire Car Drivers' Licences There were submitted the undernoted applications for grant of Private Hire Car Drivers’ Licences:- (a) Ali Almaliki 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. (b) Abdul Waheed Minhas 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) Yamman Darbo 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. (d) Mobolaji Adisa 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. (e) Emad Fariabi 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) Mohamad Alnayef 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.
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DECIDED: That the application be granted for a period of one year. (g) Musaab Mohamed Hussein 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.