Agenda Document Pack - Licensing Committee - 29/04/2025
South Lanarkshire Council · 29 April 2025
Back to Licensing Committee — 29 April 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Thursday, 17 April 2025 Dear Councillor Licensing Committee The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Tuesday, 29 April 2025 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Andy Carmichael (Chair), Bert Thomson (Depute Chair), Joe Fagan (ex officio), Poppy Corbett, Margaret Cowie, Julia Marrs, Catherine McClymont, Mark McGeever, David Shearer, Helen Toner Substitutes Robert Brown, Mary Donnelly, Gladys Ferguson-Miller, Kenny McCreary, Davie McLachlan 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Licensing Committee held on 18 March 2025 submitted for approval as a correct record. (Copy attached) 3 - 8 Urgent Business 3 Urgent Business Any other items of business which the Chair decides are urgent. Exclusion of Press and Public 4 Exclusion of Press and Public It is recommended that the Committee makes the following resolution:- "That, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it is likely that there will be disclosure of exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act." Item(s) for Decision 5 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Short Term Let Licence No SL00185F • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Street Trader's Licence • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 7 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1169 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1399 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act For further information, please contact:- Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 2
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LICENSING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 18 March 2025 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, Councillor Catherine McClymont, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors’ Apologies: Councillor Joe Fagan (ex officio), Councillor Mark McGeever Attending: Finance and Corporate Resources C Lyon, Administration Officer; S O’Neill, Solicitor; L Steele, Licensing and Registration Assistant, N Tollan, Administration Assistant 1 Declaration of Interests The following interest was declared:- Councillor(s) Item(s) Nature of Interest(s) Thomson Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 554 and Private Hire Car Driver’s Licence No 257 Known to applicant 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 25 February 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Urgent Business There were no items of urgent business. 4 Exclusion of Press and Public The Committee decided: that, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, the press and public be excluded from the meeting for the following items of business on the grounds that it was likely that there would be disclosure of exempt information in terms of Paragraphs 6 and 14 of Part I of Schedule 7A of the Act. 2 3
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5 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator's Licence No 864 A report dated 6 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted:- ♦ advising on action taken, in terms of Standing Order No 38(c), in view of the timescales involved and a serious threat to public order or safety, by the Executive Director (Finance and Corporate Resources), in consultation with the Chair and an ex officio member, to order the immediate suspension of private hire car operator’s licence No 864 with effect from 6 February 2025 ♦ proposing that consideration be given to whether private hire car operator’s licence No 864 be suspended or revoked In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and heard in support of retaining his licence. A complaint had been received from Police Scotland and Sergeant Hinshelwood was heard. During discussions, the licence holder indicated that he wished to surrender private hire car operator’s licence No 864. The Council’s Solicitor explained to the licence holder and Committee what this meant. The licence holder advised that he understood this and confirmed that he wished to surrender his licence. The Council’s Solicitor advised that there was no need to continue with the hearing. The Committee decided: (1) that the action taken, in terms of Standing Order No 38(c), by the Executive Director (Finance and Corporate Resources), in consultation with the Chair and an ex officio member, to suspend private hire car operator’s licence No 864, with effect from 6 February 2025, for a maximum period of 6 weeks, be noted; and (2) to note that the licence holder had surrendered private hire car operator’s licence No 864 for the Hamilton zone, therefore, there was no need to continue today’s hearing. 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver's Licence No 319 A report dated 12 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted:- ♦ advising on action taken, in terms of Standing Order No 38(c), in view of the timescales involved and a serious threat to public order or safety, by the Executive Director (Finance and Corporate Resources), in consultation with the Chair and an ex officio member, to order the immediate suspension of taxi driver’s licence No 319 with effect from 12 February 2025 ♦ proposing that consideration be given to whether taxi driver’s licence No 319 be suspended or revoked In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and represented by C Buchanan, Solicitor. A complaint had been received from Police Scotland and Sergeant Hinshelwood was heard. 4
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The Committee decided: (1) that the action taken, in terms of Standing Order No 38(c), by the Executive Director (Finance and Corporate Resources), in consultation with the Chair and an ex officio member, to suspend private hire car operator’s licence No 864, with effect from 12 February 2025, for a maximum period of 6 weeks, be noted; and (2) that taxi driver’s licence No 319 for the Hamilton zone be suspended with immediate effect for the remainder of the period of the licence. 7 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Driver’s Licence No 689 A report dated 25 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car driver’s licence No 689 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). At its meeting on 11 February 2025, the Committee agreed to continue this hearing to a future meeting to allow the licence holder the opportunity to be present. In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was not present or represented. A letter of complaint had been received from Police Scotland. The Committee decided: that private hire car driver’s licence No 689 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. [Reference: Minutes of 11 February 2025 (Paragraph 13)] In terms of Standing Order No 14, the Chair adjourned the meeting following this item of business at 11.20am. The meeting reconvened at 11.30am 8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 554 and Private Hire Car Driver’s Licence No 257 A report dated 26 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 554 and private hire car driver’s licence No 257 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and accompanied by E Offor. Both were heard in support of retaining his licence. A report had been received from South Lanarkshire Council’s Authorised Officer under the Civic Government (Scotland) Act 1982 (as amended) and G Margiotti was heard. 5
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The Committee decided: that private hire car operator’s licence No 554 in the Hamilton zone be not suspended and private hire car driver’s licence No 257 in the Hamilton zone be suspended with immediate effect for the remainder of the period of the licence. Councillor Thomson, having declared an interest in the above item of business, withdrew from the meeting during its consideration 9 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 347 A report dated 25 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of private hire car driver’s licence No 347 in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and represented by P Blackwood, East Kilbride TOA. A medical report had been received from the applicant’s GP. The Committee decided: that the application by A Steele, 6 Phoenix Court, East Kilbride for the renewal of private hire car driver’s licence No 347 in the East Kilbride zone be granted with the additional standard conditions in respect of his medical condition. 10 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 602 A report dated 26 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of private hire car driver’s licence No 602 in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the applicant who was present and accompanied by E Offor. Both were heard in support of his application. A representation had been received from Police Scotland and Sergeant Hinshelwood was heard. Two further updates had also been received from Police Scotland. The Committee decided: that the application by T James, Flat 2/1, 51 Beattock Street, Glasgow for the renewal of private hire car driver’s licence No 602 in the Cambuslang and Rutherglen zone be granted for a period of 1 year only. 11 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1011 A report dated 26 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 1011 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). 6
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In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and heard in support of retaining his licence. The Committee decided: that private hire car operator’s licence No 1011 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 12 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1479 A report dated 26 February 2025 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 1479 should be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). In terms of the Civic Government (Scotland) Act 1982 (as amended), the opportunity of a hearing had been offered to the licence holder who was present and heard in support of retaining his licence. The Committee decided: that private hire car operator’s licence No 1479 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 7
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