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Agenda Document Pack - Regulatory Functions Board - 26/10/2022

Renfrewshire Council · 26 October 2022
Back to Regulatory Functions Board — 26 October 2022 and its agenda

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20/10/2022 
Notice of Meeting and Agenda
Regulatory Functions Board 
Date Time Venue
Wednesday, 26 October
2022
10:00 Remotely by MS Teams, 
Membership 
Councillor John McNaughtan (Convener):     Councillor Cathy McEwan (Depute Convener):    
Councillor Audrey Doig:  Councillor Neill Graham:  Councillor John Hood:  Councillor Lisa-Marie
Hughes:  Councillor Kevin Montgomery:  Councillor Sam Mullin:  Councillor Emma Rodden: 
Councillor Andy Steel:   
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 0141 618 7111.  
To find the recording please follow the link which will be attached to this agenda once the
meeting has concluded.
https://youtu.be/RG4wQJT6c4c
https://youtu.be/-EsiRnwfcxA 
https://youtu.be/6hr1jthsKTg 
MARK CONAGHAN
Head of Corporate Governance
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20/10/2022 
Items of business      
Apologies
Apologies from members. 
Declarations of Interest
Members are asked to declare an interest in any item(s) on the agenda
and to provide a brief explanation of the nature of the interest.   
1 Registration of Private Landlords: Applications Refused
under Delegated Authority
Report by Director of Finance & Resources. 
6 - 8 
2 Variation of Private Hire Car Operators' Licences -
Personal Appearances
Submit the undernoted applications for variation of Private Hire Car
Operators’ Licences. The applicants have been asked to appear
personally for the first time:- 
(a) Applicant: John Omand
Variation: exception to policy and standard condition 1
Licence No.: PH1310 
(b) Applicant: Shahriar Al-Ahmed
Variation: exception to policy and standard condition 1
Licence No.: PH1285 
(c) Applicant: Andrew Campbell
Variation: exception to policy and standard condition 1
Licence No.: PH1208 
(d) Applicant: Aaisha Farooq
Variation: exception to policy and standard condition 1
Licence No.: PH1176 
3 Variation of Taxi Operators’ Licences – Personal
Appearances
Submit the undernoted applications for variation of Taxi Operators’
Licences. The applicants have been asked to appear personally for the
first time:- 
(a) Applicant: Robert Logan
Variation: exception to policy and standard condition 22 
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20/10/2022 
Licence No.: TX128 
(b) Applicant: Robert McCue
Variation: exception to policy and standard condition 22
Licence No.: TX075 
(c) Applicant: Paisley Taxis Ltd
Variation: exception to policy and standard condition 22
Licence No.: TX224 - 2 applications 
(d) Applicant: William Mottram
Variation: exception to policy and standard condition 22
Licence No.: TX028 
(e) Applicant: Stuart Irving
Variation: exception to policy and standard condition 22
Licence No.: TX208 
(f) Applicant: Archie McLellan
Variation: exception to policy and standard condition 22
Licence No.: TX052 
(g) Applicant: Malcolm Mearns
Variation: exception to policy and standard condition 22
Licence No.: TX194 
(h) Applicant: James Liddell
Variation: exception to policy and standard condition 22
Licence No.: TX134 
(i) Applicant: Shahzad Malik
Variation: exception to policy and standard condition 22
Licence No.: TX079 
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 are present, there could 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 Private Hire Car Drivers’ Licences – Personal
Appearances
Under reference to item 12 of the Minute of the meeting of this Board
held on 1 September 2022 resume consideration of applications (a), (b)
and (c) and submit application (d) for grant of Private Hire Car Drivers'
Licences. Applicants (a), (b) and (c) have been asked to appear
personally for the second time and applicant (d) has been asked to 
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20/10/2022 
appear personally for the first together with Police Scotland who has
submitted an objection to application (b) and representations to
applications (c) and (d):- 
(a) Mahabubul Hoque  
Adjournment 
The meeting will adjourn following consideration of item 4(a) and resume
at 1.30 pm. 
(b) Hafiz Saleem
(c) Lennyederson De Jesus Barbosa
(d) Stephen Whitelaw 
5 Renewal of Private Hire Car Driver’s Licence – Personal
Appearance
Under reference to Items 12 and 10 of the Minutes of the meetings of
this Board held on 16 March 2022 and 17 August 2022 respectively
resume consideration of application for renewal of Private Hire Car
Driver’s Licence. The applicant has been asked to appear personally for
the third time together with Police Scotland who has submitted a letter of
objection and a further letter received outwith the statutory timescale in
relation to this application:- 
Applicant: Ian Anderson
Licence No.: P6285 
6 Applications for Exemption from Drivers’ Duties under
Section 165 of the Equality Act 2010 – Personal
Appearances
Submit the undernoted applications for exemption from drivers’ duties
under the Equality Act 2010. The applicants have been asked to appear
personally for the first time:- 
(a) Applicant: Andrew Barr
Licence No.: T2450 
(b) Applicant: Andrew McCallum
Licence No.: T2516 
(c) Applicant: James Tiffoney
Licence No.: T0171 
(d) Applicant: Stuart McCullagh
Licence No.: T0020   
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20/10/2022 
7 Application for Landlord Registration - Personal
Appearance
Submit the undernoted application for Landlord Registration. The
applicant has been asked to appear personally for the first time:- 
Helen Symington
Registration No.: 45241/350/01470 
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___________________________________________________________________
To:  Regulatory Functions Board
On:  26 October 2022
___________________________________________________________________
Report by: Director of Finance and Resources
___________________________________________________________________
Heading: Registration of Private Landlords: Applications refused under
Delegated Authority
___________________________________________________________________
1. Summary 
1.1 The purpose of this report is to provide a further update to the Board in
relation to applications for landlord registration refused under powers
delegated to officers following the meeting of the Board on 18th August
2021. Previous updates were given to the Board at its meetings on 3rd
February and 8th June, both 2022.
___________________________________________________________________ 
2. Recommendations
2.1  It is recommended that the Board note the contents of the report.
._________________________________________________________
3. Background
3.1  On 18th August 2021, the Board considered a report by the Director of
Finance and Resources relative to outstanding applications for private
landlord registration where landlords had not confirmed their compliance
with regulatory requirements set out in regulations made under the terms
of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”). The
report set out options to facilitate determination of these applications.
Item 1
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3.2 The Board agreed that it be recommended that the Scheme of Delegated
Functions be amended to include a delegation to officers to refuse
applications for landlord registration where the requirements set out in
regulations made under the 2004 Act, and detailed at Paragraph 3.3 of
the report considered at the above meeting, are not met, subject to
regular reports being submitted to the Board detailing the applications
refused. This delegation subsequently came into effect after the meeting
of Council on 30th September 2021, when the Minute of the Board’s
meeting of 18th August 2021 was approved.
3.3 In the report of 18th August 2021, officers indicated that it was anticipated
that any power delegated to officers would not be used until two
communications had been issued to applicants allowing them an
opportunity to demonstrate their compliance.  Accordingly, the practice
adopted by officers has been to issue two separate letters to non-
compliant landlords, allowing them periods of 28 days and, thereafter, a
further 14 days to confirm their compliance.
3.4 Similar to the position at the time of the previous reports, the majority of
landlords written to were able to confirm compliance within the above
periods, allowing their applications for landlord registration to be granted.
However, a number of landlords failed to respond positively to the
correspondence. As a result, their applications were considered for
refusal.
3.5 A further 59 applications for landlord registration were refused by officers
in the period from 14th May to 4th October, both 2022, due to landlords’
failure to confirm full compliance with their legal responsibilities.
Fourteen of these applications were by landlords seeking registration for
the first time, with the remainder applying to “renew” a previous landlord
registration. The Board may wish to note that, since refusal, 23 of the
above landlords have addressed their previous outstanding compliance
issues and have reapplied for registration. A further landlord has
confirmed that they no longer require landlord registration.
3.6 The backlog in landlord registration applications previously reported to
the Board has now been cleared, with the exception of a very small
number of applications with particular issues which would be more
appropriately considered at the Board. The outstanding applications
which relate to non-compliance with the regulations referred to above are
otherwise applications received very recently, with levels of compliance
having improved in the period since the regulatory requirements were
introduced.
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3.7 Given the backlog of applications has now been cleared, it is suggested
that further update reports on the number of applications refused by
officers will be provided annually.
_________________________________________________________________
Implications of the Report
1. Financial – Nil 
 
2. HR & Organisational Development – Nil 
3. Community Planning – Nil 
 
4. Legal – as detailed in the report 
 
5. Property/Assets – Nil 
6. Information Technology – Nil
7. Equality & Human Rights - 
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, as the report only provides the Board with an
update on refused applications for landlord registration as previously
requested by the Board. 
8. Health & Safety - Nil
9. Procurement – Nil
10. Risk - Nil
11. Privacy Impact - Nil
12. Cosla Policy Position – Nil
13.        Climate Emergency – Nil
_________________________________________________________
List of Background Papers- None.
__________________________________________________________________ 
Author:           Douglas Campbell, Assistant Managing Solicitor (Licensing), 0141-
618-7172, douglas.campbell@renfrewshire.gov.uk
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