Minutes of meeting
Renfrewshire Council · 22 May 2024
Back to Regulatory Functions Board — 22 May 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Minute of Meeting Regulatory Functions Board Date Time Venue Wednesday, 22 May 2024 10:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Present: Councillor Audrey Doig, Councillor Lisa-Marie Hughes, Councillor Cathy McEwan, Councillor John McNaughtan, Councillor Kevin Montgomery, Councillor Andy Steel Chair Councillor McNaughtan, Convener, presided. In Attendance R Graham, Senior Solicitor (Litigation & Regulatory Services), D Cunningham, Committee Services & Licensing Officer, J Barron, Committee Services Officer, and E Graham, S Kerr, K Marriott, and R McCallum, all Licensing & Committee Assistants (all Finance & Resources). Apologies Councillors Neill Graham, McDonald and Mullin. Declarations of Interest Councillor McNaughtan declared an interest in item 1(a) 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.
Page 2
Declaration of Interest Councillor McNaughtan having previously declared an interest in item 1(a) left the meeting and took no part in the discussion or voting thereon. Chair Councillor McEwan, Depute Convener, assumed the Chair. 1 Grant of Short-term Let Licences - Personal Appearances Under reference to item 7(b) of the Minute of the meeting of this Board held on 13 March 2024, consideration was resumed of application (a) for grant of a Short-term Let Licence and there were submitted applications (b) and (c) for grant of Short-term Let Licences. Applicant (a) had been asked to appear personally for the second time and applicants (b) and (c) had been asked to appear personally for the first time together with the objectors to applications (a) and (c) and the late objectors to applications (b) and (c):- (a) Applicant: Carol-Anne Brown Premises: Flat 5/1, 1 Abbey Place, Paisley Mrs Brown, the applicant, and Mr Brown, her husband, were invited into the meeting together with Ms White, Ms McDonald, Mr McCue, who also represented Mr Stewart and Ms Graham, and Mr MacLaren, who represented Ms Cunningham, objectors to the application. There was no appearance by or on behalf of Paisley East & Whitehaugh Community Council, an objector to the application. The Senior Solicitor (Litigation & Regulatory Services) advised that consideration of this application had been continued from a previous meeting of the Board to allow further inquiries to be made in relation to insurance for the premises. Further that as the application had been part heard, only those members present when this application previously called could consider this part heard application at this meeting. Sederunt Councillor Montgomery having not been present when the application had been part heard at the meeting of this Board held on 13 March 2024, left the meeting and took no part in any discussion or voting thereon. The Senior Solicitor (Litigation & Regulatory Services) then advised members that a supplementary letter had been received from Mr Stewart, one of the objectors, on 13 May 2024 and that a copy of this supplementary letter had not been provided to the applicant or members of the Board. The Senior Solicitor (Litigation & Regulatory Services) then advised members that the applicant was entitled to a statutory period of 14 days notice in respect of the supplementary letter, that she had not been afforded statutory period of notice and accordingly the supplementary letter could not be considered by the Board today unless the applicant was willing to waive her right to the statutory period of notice in respect of this supplementary letter.
Page 3
The applicant was then provided with a copy of the supplementary letter and was asked by the Senior Solicitor (Litigation & Regulatory Services) if she would waive her right to the statutory period of 14 days’ notice in respect of the letter. The applicant requested that she be given more time to consider the matters contained within the supplementary letter and confirmed that she did not wish to waive her right to this statutory notice period. After consideration of the matters before the Board, the Depute Convener proposed that consideration of the application be continued and that the applicant and objectors be invited to a future meeting of the Board. This was agreed unanimously. DECIDED: That consideration of the application be continued and that the applicant and objectors be invited to a future meeting of the Board. Chair Councillor McNaughtan re-joined the meeting prior to consideration of the following item of business and resumed the Chair. Sederunt Councillor Montgomery re-joined the meeting prior to consideration of the following item of business. (b) Applicant: Andrew Smith Premises: Ferryhill Cottage East, Old Greenock Road, Langbank The Senior Solicitor (Litigation & Regulatory Services) advised that this application had been granted under delegated authority for a period of three years. DECIDED: That it be noted that the application had been granted under delegated authority for a period of three years. (c) Applicant: Beth Nicholson Premises: Upper Sandyford, Gledstane Road, Bishopton The Senior Solicitor (Litigation & Regulatory Services) advised that this application had been granted under delegated authority for a period of three years. DECIDED: That it be noted that the application had been granted under delegated authority for a period of three years. 2 Renewal of Late Hours Catering Licence There was submitted the undernoted application for renewal of a Late Hours Catering Licence:- Applicant: JE Restaurants Limited Premises: McDonalds Restaurant, Unit K, Braehead Retail Park, Kingsinch Road, Glasgow Activity: on and off sales fast food Operating hours: Monday to Sunday – 11.00 pm to 5.00 am. Licence No.: LHC017
Page 4
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. 3 Grant of Temporary Public Entertainment Licence - Personal Appearance There was submitted the undernoted application for grant of a Temporary Public Entertainment Licence. The applicant had been asked to appear personally for the first time together with the objectors to the application:- Applicant: Trevor Smith Authorised Activity: family funfair Location: Barshaw Park, Paisley Operating: 8th to 18th August 2024 – 12 noon to 8.00 pm Mr Smith, the applicant, and his solicitor, Mr Japp, were invited into the meeting. There was no appearance by or on behalf of Mr and Mrs Frame, objectors to the application. The Convener proposed that the application be considered in the objectors’ 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. 4 Variation of Taxi Operator's Licence - Personal Appearance There was submitted the undernoted application for variation of a Taxi Operator’s Licence. The applicant had been asked to appear personally for the first time:- Applicant: Charles Thomson Variation: exemption to policy and standard condition 22 Licence No.: TX065 Mr Thomson, the applicant, was invited into the meeting. 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 Mr Thomson’s application for variation of his Taxi Operator’s Licence be granted and that standard condition 22 of his licence be amended to enable Mr Thomson to continue to operate his present vehicle, registration number SF14 AVV, for a further period of one year from 6 March 2024, subject to the vehicle continuing to be tested at three-monthly intervals. This was agreed unanimously. DECIDED: That Mr Thomson’s application for variation of his Taxi Operator’s Licence be granted and that standard condition 22 of his licence be amended to enable Mr Thomson to continue to operate his present vehicle, registration number SF14 AVV, for a further period of one year from 6 March 2024, subject to the vehicle continuing to be tested at three-monthly intervals.
Page 5
5 Surrender and Re-issue of Taxi Operator's Licence - Personal Appearance There was submitted the undernoted application for the surrender and re-issue of a Taxi Operator’s Licence. The applicants had been asked to appear personally for the first time:- Present Operator: Gerard Gilmour Proposed Operator: Gordon Murray Licence No.: TX180 Mr Gilmour, the present operator, and Mr Murray, the proposed operator, were invited into the meeting. 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 11.10 am and reconvened at 11.20 am. 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 paragraphs 3 and 6 of part I of schedule 7A of the Local Government (Scotland) Act 1973. 6 Surrender and Re-issue of Taxi Operator's Licence There was submitted the undernoted application for the surrender and re-issue of a Taxi Operator’s Licence:- Present Operator: Mark Stevenson (Alison Stevenson) Proposed Operator: Graeme Anderson Licence No.: TX203 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. 7 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 late objector to the application:-
Page 6
Applicant: Oakship Asset & Holdings UK Ltd Premises: Flat 0/2, 25 Netherhill Road, Paisley There was no appearance by or on behalf of Oakship Asset & Holdings UK, the applicant. Mr Hunter and Mr Busby were invited into the meeting on behalf of the Director of Environment, Housing & Infrastructure, who had submitted an objection and a supplementary objection, both received outwith the statutory timescale to the application. The Convener proposed that the application be considered in the applicant’s absence. This was agreed unanimously. On hearing the reasons for the lateness of the objection and supplementary objection, the Convener proposed that the objection and supplementary objection 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 that the application be refused. This was agreed unanimously. DECIDED: That the application be refused. 8 Grant of Private HIre Car Drivers' Licences Under reference to item 4 of the Minute of the meeting of this Board held on 13 March 2024, consideration was resumed of application (e) for grant of a Private Hire Car Driver’s Licence and there were submitted the undernoted applications for grant of Private Hire Car Drivers’ Licences. Applicants (c), (f), (g) and (h) had been asked to appear personally for the first time together with Police Scotland who had submitted representations to applications (e) and (f) and an objection to application (h):- (a) Richard Korsah 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) Hosein Alizadeh 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) Kalid Shemsi Mr Shemsi, 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. (d) Hanif Jan Hanafi
Page 7
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 at 12.10 pm and reconvened at 1.30 pm. Sederunt Councillor Montgomery was not in attendance when the meeting reconvened. (e) Paul Kennedy There was no appearance by or on behalf of Mr Kennedy, the applicant. Sergeant Robertson was invited into the meeting on behalf of the Chief Constable who had submitted a representation to the application. The Convener proposed that the application be considered in Mr Kennedy’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. (f) Kashif Shaszad Mr Shaszad, the applicant, was invited into the meeting. Sergeant Robertson, remained in the meeting having not left following consideration of the previous item of business, on behalf of the Chief Constable who had submitted a representation to the application. 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. (g) Ahmed Eisaban There was no appearance by or on behalf of Mr Elsaban, the applicant. The Convener proposed that the application be considered in Mr Elsaban’s absence. This was agreed unanimously. 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. This was agreed unanimously. DECIDED: That consideration of the application be continued and that the applicant be invited to a future meeting of the Board. (h) Ali Asim Mr Asim, 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 refused. This was agreed unanimously.
Page 8
DECIDED: That the application be refused. 9 Grant of Taxi Driver's Licence - Personal Appearance Under reference to item 5(a) of the Minute of the meeting of this Board held on 13 March 2024, consideration was resumed of the undernoted application for grant of a Taxi Driver’s Licence. The applicant had been asked to appear personally for the third time together with Police Scotland who had submitted a representation to the application:- Gerald Adams There was no appearance by or on behalf of Mr Adams, the applicant. Sergeant Robertson, remained in the meeting having not left following consideration of the previous item of business, on behalf of the Chief Constable who had submitted a representation to the application. The Convener proposed that the application be considered in Mr Adam’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. 10 Grant of Landlord Registration - Personal Appearance There was submitted the undernoted application for grant of Landlord Registration. The applicant had been asked to appear personally for the first time together with Police Scotland who had submitted a representation to the application:- Clark Thomson Mrs Thomson, on behalf of the applicant, was invited into the meeting. Sergeant Robertson, remained in the meeting having not left following consideration of the previous item of business, on behalf of the Chief Constable who had submitted a representation 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 refused. This was agreed unanimously. DECIDED: That the application be refused. 11 Exemption from Mobility Assistance Duties - Personal Appearance There was submitted the undernoted application for exemption from mobility assistance duties under the Equality Act 2010. The applicant had been asked to appear personally for the first time:- Applicant: Andrew Barr Licence No.: T2450
Page 9
Mr Barr, the applicant, was invited into the meeting. After consideration of all matters before the Board, the Convener proposed that the application be granted for the duration of Mr Barr’s current Taxi Driver’s Licence. This was agreed unanimously. DECIDED: That the application be granted for the duration of Mr Barr’s current Taxi Driver’s Licence.