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Minutes of meeting

Renfrewshire Council · 2 February 2023
Back to Regulatory Functions Board — 2 February 2023 and its agenda

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Minute of Meeting
Regulatory Functions Board 
Date Time Venue
Thursday, 02 February 2023 10:00 Remotely by MS Teams, 
Present: Councillor Audrey Doig, Councillor Neill Graham, Councillor Lisa-Marie Hughes,
Councillor Janis McDonald, Councillor Cathy McEwan, Councillor John McNaughtan,
Councillor Kevin Montgomery, Councillor Sam Mullin, Councillor Emma Rodden, Councillor
Andy Steel 
Chair
Councillor McNaughtan, Convener, presided. 
In Attendance
D Campbell, Assistant Managing Solicitor (Licensing) (for items 1 to 3 only), R Graham,
Senior Solicitor (Litigation and Regulatory Services), E Currie, Senior Committee Services
Officer, D Cunningham and J Barron, both Assistant Committee Services Officers, A
Easdon, Team Leader (Licensing) and R McCallum, Administrative Assistant (all Finance &
Resources). 
Recording of Meeting
Prior to the commencement of the meeting, the Convener intimated that this meeting would
be recorded for subsequent broadcast via the Council's internet site. 
Declarations of Interest
There were no declarations of interest intimated prior to the commencement of the meeting.

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1  Temporary Change of Policy in relation to Age of Licensed Vehicles,
Proposals for Further Consultation on Vehicle Specification and
Cessation Policy
There was submitted a report by the Director of Finance & Resources requesting that
officers be instructed to reconsult in relation to previous proposals to review the
Council’s policies on vehicle specification and age for taxis and private hire cars, given
the period of time which had elapsed since earlier consultation in 2019, the impact of
the coronavirus pandemic and the cost of living crisis. 
The report also sought agreement of a temporary policy in relation to the age of these
vehicles with immediate effect to allow them to operate for an additional two years,
subject to a regulatory scheme as set out at Appendix 1 to the report and requested
that the Board consider removing the ‘cessation’ policy agreed by the Council’s
Emergencies Board on 9 April 2020 which allowed operators of taxis and private hire
cars to reduce their level of insurance cover for their vehicles during periods when they
were not in use. 
DECIDED: 
(a) That a temporary policy allowing existing taxis and private hire cars to be licensed
for an additional two years, subject to the requirements of the proposed regulatory
scheme set out at Appendix 1 to this report be agreed; 
(b) That officers be instructed to reconsult on the proposed conditions for taxi and
private hire car licences set out at Appendices 2 and 3 respectively and the revised
consultation questions, as attached at Appendix 4, following upon the previous
consultation agreed by the Board on 5 September 2019, the consultation to include (i)
all taxi and private hire car licence holders in Renfrewshire, (ii) representatives of those
licence holders, (iii) Renfrewshire Access Panel, (iv) relevant Council Services and (v)
such other persons or groups as officers consider appropriate; and to report the
responses to the consultation to the Board thereafter; 
(c) That officers be instructed to reconsult further on whether wheelchair accessible
MPVs to be licensed as taxis or private hire cars, which are suitable for the carriage of
eight passengers, may be licensed to carry a maximum of eight passengers; 
(d) That the Board agree that the ‘cessation’ policy agreed by the Emergencies Board
on 9 April 2020 be removed; and 
(e) 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 taxi fares within Renfrewshire.

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The report advised that the Council, as Licensing Authority, was obliged to fix scales
for the fares and other charges in its area in connection with the hire of a taxi. The Civic
Government (Scotland) Act 1982 provided that fares should be fixed within 18 months
beginning with the date on which scales last came into effect, this date being 21 March
2022. 
The report indicated that the Council consulted with persons or organisations
representative of the operators of taxis within its area on the current taxi fare scale, by
email on 10 October 2022. The consultation also included individual taxi operators who
were informed of the consultation by text alert. It was noted that three responses to the
consultation had been received, as detailed in the report. The review of the taxi fares
had also been discussed at a meeting with representatives of taxi operators on 13
September 2022. 
The report intimated that the existing scales required to be reviewed and new scales
proposed by the Board. Thereafter, formal notification of the proposed new scales
would be given via a newspaper advertisement in the local press in order that
representations may be made on the agreed proposal by a specified date at least one
month from the date of the newspaper advertisement. Following the consultation
period, a further report would be submitted to the Board to allow members to consider
any representations and fix a new fare scale, to come into effect on a date decided by
the Board. 
The current and proposed taxi fare scales were detailed in Appendix 1 to the report;
Appendix 2 to the report detailed the taxi fare scales in neighbouring authorities;
Appendix 3 to the report detailed the current fares tariff and proposed fares; and the
Vector Transport Consultancy report on the review of taxi tariff in Renfrewshire formed
Appendix 4 to the report. 
Councillor McNaughtan, seconded by Councillor Montgomery, proposed that proposal
1 be proposed as a new taxi fares scale for Renfrewshire and 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 proposal 1 be proposed as a new taxi fares scale for
Renfrewshire and be included in a newspaper advertisement;   
(b) That it be agreed that the revised fares scale come into effect on a proposed date
of Monday 10 July 2023; 
(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.

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3  Review of Public Entertainment Licensing Resolution: Final
Procedure
Under reference to item 1 of the Minute of the meeting of this Board held on 10
November 2022, there was submitted a report by Director of Finance & Resources
relative to a review of the Council’s public entertainment licensing policies and
practices. 
The report intimated that at the meeting of this Board held on 10 November 2022,
various recommendations had been made in relation to this review and that the Board
had agreed, as suitable for advertising, a proposed new public entertainment licensing
resolution, which would, if introduced, vary the Council’s current resolution by removing
certain classes of public entertainment from licensing. 
The report advised that the proposed new resolution had been advertised and that no
responses had been received following expiry of the 28 day period for responses and
recommended that the proposed new resolution, which formed Appendix 1 to the report,
be made. 
DECIDED: 
(a) That the Board resolve that, from 1 March 2023, the activities provided for in the
proposed varied resolution, set out at Appendix 1 to the report, shall require to be
licensed in accordance with the provisions of the Civic Government (Scotland) Act 1982
relating to public entertainment licensing; 
(b) That officers be instructed to publish the terms of said resolution in a newspaper
circulating in the Council’s area, together with a notice under Section 9(8)(b) of that Act,
all as set out at Appendix 1; and 
(c) That otherwise the terms of the report be noted.  
Sederunt
Councillor Mullin joined the meeting prior to consideration of the following item of
business. 
4 Grant of Late Hours Catering Licence - Personal Appearance
There was submitted the undernoted application for grant of a Late Hours Catering
Licence. The applicant had been asked to appear personally for the first time:- 
Applicant: JE Restaurants Limited
Premises: McDonald’s Restaurant, Unit K, Braehead Retail Park, Kings Inch Road,
Glasgow
Activity: on and off sales fast food
Operating hours: Monday to Sunday - 11.00 pm to 5.00 am (both restaurant and drive-
thru)

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Mr McLean, on behalf of JE Restaurants Limited, and his Solicitors, Mr Flannigan and
Ms Johnstone all joined the meeting by video call. After consideration of all matters
before the Board, the Convener proposed that the application be granted for a period
of one year and that the applicant 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 one year and that the
applicant be an exception to the Board’s policy on trading hours. 
5 Renewal of Late Hours Catering Licence
There was submitted the undernoted application for renewal of a Late Hours Catering
Licence:– 
Applicant: Boots UK Limited t/a Boots the Chemist
Premises: Unit Z4-P2, First Floor, Terminal Building, Glasgow Airport
Activity: health and beauty retailer
Operating hours: Monday to Sunday – 4.00 am to 5.00 am
Licence No.: LHC-029 
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.  
Declaration of Interest
At this point in the meeting, Councillor Hughes declared an interest in item 10(a) by
reason that the applicant was known to her. Councillor Hughes indicated that as she
had declared an interest, she would leave the online meeting during any discussion and
voting on the item. 
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: Mumtaz Yousafzai
Licence No.: PH0931 
There was no appearance by or on behalf of Mr Yousafzai, the applicant. The Convener
proposed that the application be considered in Mr Yousafzai’s absence. This was
agreed unanimously. After consideration of all matters before the Board, the Convener
proposed that consideration of the application be continued. This was agreed
unanimously.

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DECIDED: That consideration of the application be continued.  
Sederunt
Councillor Rodden left the meeting prior to consideration of the following item of
business. 
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:- 
(a) Present Operator: Ian Fraser
Proposed Operator: Gordon Campbell
Licence No.: TX207 
The Convener proposed that the application be granted. This was agreed unanimously. 
DECIDED: That the application be granted. 
(b) Present Operator: Thomas Baggley
Proposed Operator: Muhammad Shahzad Hussain
Licence No.: TX101 
The Convener proposed that the application be granted. This was agreed unanimously. 
DECIDED: That the application be granted.  
EXCLUSION OF PRESS AND PUBLIC
The Board resolved that the press and public be excluded from the meeting during
consideration of items 8(b) and (c), 9, 10, 11 and 12 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. 
8 Surrender and Re-issue of Taxi Operators' Licences - Personal
Appearances
There were submitted the undernoted applications for the surrender and re-issue of
Taxi Operators’ Licences. The applicants had been asked to appear personally for the
first time:- 
(a) Present Operator: The Partnership of J&T Taxis
Proposed Operator: Sarabjit Singh
Licence No.: TX096

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Mr Singh, one of the applicants, joined the meeting by video call. After consideration of
all matters before the Board, the Convener proposed that the application be granted. 
DECIDED: That the application be granted. 
(b) Present Operator: Paisley Taxis Ltd 
Proposed Operator: Imran Khan
Licence No.: TX220 
The Senior Solicitor (Litigation and Regulatory Services) advised that this application
had been withdrawn. 
DECIDED: That it be noted that this application had been withdrawn. 
(c) Present Operator: John Mayberry
Proposed Operator: David Gray
Licence No.: TX100 
Mr Mayberry and Mr Gray, the applicants, both 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.  
Adjournment
The meeting adjourned at 11.00 am and reconvened at 11.35 am.  
Sederunt
Councillor Hughes was not in attendance when the meeting reconvened. 
9 Grant of Private Hire Car Drivers' Licences - Personal Appearances
There were submitted the undernoted applications for grant of Private Hire Car Drivers’
Licences. The applicants had been asked to appear personally for the first time together
with Police Scotland who had submitted objections to applications (c) and (d) and
representations to applications (e), (f) and (g):- 
(a) Shahzad Mohammad 
The Senior Solicitor (Litigation and Regulatory Services) advised that the application
had been granted under delegated authority for a period of one year. 
DECIDED: That it be noted that the application had been granted under delegated
authority for period of one year.

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(b) Jamal Aliyi     
Mr Aliyi, the applicant, joined the meeting by video 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. 
Sederunt 
Councillor Hughes rejoined the meeting prior to consideration of the following item of
business. 
(c) Gary Anderson     
Mr Anderson, the applicant, joined the meeting by telephone call together with Sergeant
Moore-McGrath, who joined the meeting by video call, 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. 
DECIDED: That the application be refused. 
(d) Brogan Carslaw   
Mr Carslaw, the applicant, joined the meeting by video call together with Sergeant
Moore-McGrath, who also joined the meeting by video call, 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
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.  
(e) David Sharp 
Mr Sharp, the applicant, joined the meeting by video call together with Sergeant Moore-
McGrath, who also joined the meeting by video call, 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. 
Sederunt 
Councillors Audrey Doig and Montgomery left the meeting prior to consideration of the
following item of business.

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(f) Saif Radwan 
Mr Radwan, the applicant, joined the meeting by telephone call together with Sergeant
Moore-McGrath, who joined the meeting by video call, 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. 
Adjournment 
The meeting adjourned at 12.55 pm and reconvened at 1.30 pm. 
Sederunt 
Councillor McEwan was not in attendance when the meeting reconvened. 
(g) Ibrahim Elnoor     
Mr Elnoor, the applicant, joined the meeting by telephone call together with Sergeant
Moore-McGrath, who joined the meeting by video call, 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.  
Declaration of Interest
Councillor Hughes having previously declared an interest in item 10(a), left the meeting
and took no part in the discussion or voting thereon. 
10  Renewal of Private Hire Car Drivers' Licences - Personal Appearances
There were submitted the undernoted applications for renewal of Private Hire Car
Drivers’ Licences. The applicants had been asked to appear personally for the first time
together with Police Scotland who had submitted a representation to application (a) and
objections to applications (b) and (c):- 
(a) Applicant: Avril McKerlie
Licence No.: P0281 
There was no appearance by or on behalf of Ms McKerlie, the applicant. Sergeant
Moore-McGrath joined the meeting by video call 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 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.

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Sederunt 
Councillor Hughes rejoined the meeting prior to consideration of the following item of
business. 
(b) Applicant: Greg Tetley
Licence No.: P4339 
Mr Tetley, the applicant, joined the meeting by video call together with Sergeant Moore-
McGrath, who also joined the meeting by video call, on behalf of the Chief Constable
who had submitted an objection to the application. 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. 
(c) Applicant: Mahamudul Hassan
Licence No.: P0292 
Mr Hassan, the applicant, joined the meeting by video call together with Sergeant
Moore-McGrath, who also joined the meeting by video call, on behalf of the Chief
Constable who had submitted an objection to the application. 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.  
Adjournment
The meeting adjourned at 2.20 pm and reconvened at 2.30 pm. 
11  Grant of Taxi Drivers' Licences - Personal Appearances
There were submitted the undernoted applications for grant of Taxi Drivers’ Licences.
The applicants had been asked to appear personally for the first time together with
Police Scotland who had submitted objections to applications (a) and (b) and an
objection and two further letters in connection with that objection to application (c):- 
(a) Andrew Irvine 
Mr Irvine, the applicant, joined the meeting by video call together with Sergeant Moore-
McGrath, who also joined the meeting by video call, 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.

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DECIDED: That the application be granted for a period of one year. 
(b) Jason Anderson 
Mr Anderson, the applicant, joined the meeting by telephone call together with Sergeant
Moore-McGrath, who joined the meeting by video call, on behalf of the Chief Constable
who had submitted an objection to the application. 
As a preliminary matter, Sergeant Moore-McGrath requested that consideration of this
application be continued to a future meeting of the Board. Mr Anderson requested that
his application be considered at this meeting. The Convener proposed that the meeting
be adjourned to allow members to consider the request by Police Scotland. The
meeting was reconvened and 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. 
(c) Nqobile Siziba  
Mr Siziba, the applicant, joined the meeting by video call together with Sergeant Moore-
McGrath, who also joined the meeting by video call, on behalf of the Chief Constable
who had submitted an objection to the application and two further letters in connection
with that objection, identified as letter 1, letter 2 and letter 3. 
The Senior Solicitor (Licensing and Regulatory Services) advised that one of the further
letters from Police Scotland, identified as letter 2, had not been circulated to members
of the Board. After consideration of the age, nature and seriousness of the matters
contained in letter 2, the Convener proposed that the Board admit the letter as the
interests of justice so required. 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. 
(d) Hafiz Muhammad Adil Amin 
Mr Amin, the applicant, joined the meeting by video 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. 
12  Application for Exemption from Driver's Duties under Section 166 of
the Equality Act 2010 - Personal Appearance
There was submitted the undernoted application for exemption from drivers’ duties to
provide mobility assistance under the Equality Act 2010. The applicant had been asked
to appear personally for the first time:-

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Applicant: Iain Urquhart
Licence No.: T2489 
Mr Urquhart, the applicant, joined the meeting by video call. After consideration of all
matters before the Board, the Convener proposed that the application be granted for
the duration of Mr Urquhart’s current Taxi Driver’s Licence. This was agreed
unanimously. 
DECIDED: That the application be granted for the duration of Mr Urquhart’s current
Taxi Driver’s Licence.