Agenda Document Pack - Licensing Committee - 13/05/2025
South Lanarkshire Council · 13 May 2025
Back to Licensing Committee — 13 May 2025 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Friday, 02 May 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, 13 May 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), Margaret Cowie, Julia Marrs, Catherine McClymont, Kenny McCreary, Mark McGeever, David Shearer, Helen Toner Substitutes Robert Brown, Mary Donnelly, Gladys Ferguson-Miller, Davie McLachlan, Richard Nelson 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 29 April 2025 submitted for approval as a correct record. (Copy attached) 5 - 8 Item(s) for Noting 3 Civic Licence Applications Determined under Delegated Authority – January to March 2025 Report dated 25 April 2025 by the Executive Director (Finance and Corporate Resources). (Copy attached) 9 - 12 Urgent Business 4 Urgent Business Any other items of business which the Chair decides are urgent. Exclusion of Press and Public 5 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 Paragraphs 6 and 14 of Part I of Schedule 7A of the Act." Item(s) for Decision 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 642 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term Let Licence • 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 Short Term Let Licence No SL00228F • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 9 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator Licence No 1116 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 2
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For further information, please contact:- Clerk Name: Carol Lyon Clerk Telephone: 07385370065 Clerk Email: carol.lyon@southlanarkshire.gov.uk 3
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LICENSING COMMITTEE Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 29 April 2025 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, Councillor Catherine McClymont, Councillor Mark McGeever, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillor’s Apology: Councillor Joe Fagan (ex officio) Attending: Finance and Corporate Resources C Lyon, Administration Officer; D McLardy, Legal Services’ Adviser; L Steele, Licensing and Registration Assistant; L Wyllie, Administration Assistant Order of Business The Committee decided: that the items of business be dealt with in the order minuted below. 1 Declaration of Interests The following interest was declared:- Councillor(s) Item(s) Nature of Interest(s) Cowie Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1169 Known to applicant 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 18 March 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. 2 5
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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 Paragraph 6 of Part I of Schedule 7A of the Act. 5 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Short Term Let Licence No SL00185F A report dated 9 April 2025 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether short term let licence No SL00185F 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 applicant who was present and represented by K Steel, Solicitor. A letter of complaint had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that short term let licence No SL00185F in the Clydesdale zone be not suspended or revoked. In terms of Standing Order No 14, the Chair adjourned the meeting following this item of business at 11.27am. The meeting reconvened at 11.33am 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Street Trader Licence A report dated 9 April 2025 by the Executive Director (Finance and Corporate Resources) was submitted on an application for a street trader’s licence 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 J Stewart. An objection and update had been received from Roads and Transportation Services and L Davidson, Engineering Officer was heard. The Committee decided: that the application by A Hutton, Fryer Tuck Snack Bar, Linwood Avenue, Peel Park, East Kilbride for a street trader’s licence be refused. 7 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1399 A report dated 9 April 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 1399 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. Following discussion, Councillor Thomson, seconded by Councillor Corbett, moved that the licence be suspended with immediate effect for the remainder of the period of licence. Councillor Cowie, seconded by Councillor Marrs, moved as an amendment that the licence be suspended for a period of 1 month. On a vote being taken using the electronic voting system, 4 members voted for the motion and 5 for the amendment which was declared carried. The Committee decided: that private hire car operator’s licence No 1399 in the Cambuslang and Rutherglen zone be suspended for a period of 1 month from 29 April 2025. Councillor Corbett left the meeting after this item of business 8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1169 A report dated 9 April 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 1169 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 not present or represented. The Committee decided: that private hire car operator’s licence No 1169 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of licence. Councillor Cowie, having declared an interest in the above item of business, withdrew from the meeting during its consideration 7
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Report Agenda Item Report to: Licensing Committee Date of Meeting: 13 May 2025 Report by: Executive Director (Finance and Corporate Resources) Subject: Civic Licence Applications Determined under Delegated Authority – January to March 2025 1. Purpose of Report 1.1. The purpose of the report is to:- urpose] update Members on civic licence applications determined under delegated authority in the period January to March 2025 [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the information in this report be noted. [1recs] 3. Background 3.1. When applications for grant or renewal of licences under the Civic Government (Scotland) Act 1982, (as amended) are received these must be processed within statutory timescales. 3.2. Delegated authority has been given to determine various types of civic licensing applications, through the Council’s Scheme of Delegation, including in respect of the following activities:- Taxi/private hire car licences Street trader licences Public Entertainment licences (including Temporary Public Entertainment licences) Metal Dealer licences Metal Dealer licences Second-Hand Car Dealer licences Public Charitable Collections permissions Registration of Societies/ Lotteries Late Hours Catering licences Cinemas Act and Theatres Act licensing Tattooing and skin piercing licences 3.3. Given the volume of such applications determined by officers under delegated authority, it is considered helpful to provide a quarterly report to the Committee to give a brief overview of that activity. As the Committee will be aware, the delegated authority is limited, and certain applications still require to come to the Committee for determination, for instance where there are certain objections or there is a representation from Police Scotland, depending upon the nature of the application in question. 3.4. In the period between April 2024 and March 2025, there were 615 new licence applications granted, and 963 licences renewed. As at 31 March 2025 there were 4,824 licences, as detailed in Appendix, in operation. 3 9
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3.5. Details of the public register of applications made and licences issued under the Licensing (Scotland) Act 2005, Civic Government (Scotland) Act 1982 (as amended) and miscellaneous licensing which shows a summary of current licences and applications is available on the Council’s website, via the link below:- Licensing Register 4. Present Position 4.1. Details of new grant and renewal applications determined under delegated authority between January and March 2025 are as detailed at Appendix 1. 5. Employee Implications 5.1. None. 6. Financial Implications 6.1. None. 7. Climate Change, Sustainability and Environmental Implications 7.1. It is not considered that the subject of this report has any climate change, sustainability or environmental implications. 8. Other Implications 8.1. There are no other implications arising from this report. 9. Integrated Impact Assessment and Consultation Arrangements 9.1. There is no requirement to carry out an impact assessment or consultation in terms of the subject of this report. Jackie Taylor Executive Director (Finance and Corporate Resources) 25 April 2025 Link(s) to Council Values/Priorities/Outcomes Focused on people and their needs Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Margaret Mary Wilson, Legal Services Manager Ext: 4501 (Tel: 01698 454501) E-mail: margaretmary.wilson@southlanarkshire.gov.uk 10
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Appendix 1 Civic Government (Scotland) Act 1982 (as amended) Licence applications granted/refused/renewed under delegated powers - January to March 2025 Licence Type Clydesdale East Kilbride Hamilton Cambuslang and Rutherglen Totals Granted Refused Renewed Granted Refused Renewed Granted Refused Renewed Granted Refused Renewed Granted Refused Renewed Booking Office 0 0 0 1 0 0 0 0 2 0 0 0 1 0 2 Cinema 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Skin Piercing & Tattooing 1 0 0 4 0 3 3 0 1 1 0 1 9 0 5 Metal Dealer Itinerant 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Indoor Sports Entertainment 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 Metal Dealer 0 0 0 0 0 0 0 0 0 1 0 1 1 0 1 Late Hours Catering 0 0 2 1 0 2 2 0 5 0 0 0 3 0 9 Market Operator 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 Public Entertainment 2 0 4 2 0 1 0 0 9 2 0 0 6 0 14 Temporary Public Entertainment 5 0 N/A 2 0 N/A 8 0 N/A 5 0 N/A 20 0 NA Second Hand Dealer 0 0 0 0 0 4 2 0 1 1 0 2 3 0 7 Short Term Lets 6 0 0 3 0 0 2 0 0 1 0 0 12 0 0 Street Trader 0 0 0 0 0 1 1 0 3 1 0 0 2 0 4 Window Cleaner 0 0 0 1 0 0 0 0 1 0 0 0 1 0 1 Taxi Operator (including transfers) 3 0 10 3 0 12 5 0 17 0 0 2 11 0 41 Taxi Driver 7 0 12 10 0 13 35 0 24 19 2 36 71 2 85 PHC Operator 0 0 0 3 0 19 31 0 26 47 0 40 81 0 85 PHC Driver 0 0 2 5 1 20 10 1 26 59 5 132 74 7 180 Substitute Vehicles 9 0 N/A 29 0 N/A 47 0 N/A 62 0 N/A 147 0 NA Total All Applications 33 0 31 64 1 75 147 1 115 199 7 214 443 9* 435 *Applications refused: 9 applicants – Failed Route Test 11
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