Agenda Document Pack - Licensing Committee - 03/06/2025
South Lanarkshire Council · 3 June 2025
Back to Licensing Committee — 3 June 2025 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Friday, 23 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, 03 June 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 13 May 2025 submitted for approval as a correct record. (Copy attached) 5 - 8 Item(s) for Decision 3 Review of Taxi Fares Report dated 15 May 2025 by the Executive Director (Finance and Corporate Resources). (Copy attached) 9 - 16 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) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2258 and Private Hire Car Driver’s Licence No 805 • Exempt information in terms of Paragraph 14 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 731 and Private Hire Car Driver’s Licence No 727 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Taxi Driver’s Licence No 194 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 2
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9 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Driver's Licence No 172 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 10 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2355 and Taxi Driver’s Licence No 112 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 11 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2285 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 12 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1459 • 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 3
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LICENSING COMMITTEE Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 13 May 2025 Chair: Councillor Andy Carmichael Councillors Present: Councillor Margaret Cowie, Councillor Julia Marrs, Councillor Kenny McCreary, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors’ Apologies: Councillor Joe Fagan (ex officio), Councillor Catherine McClymont, Councillor Mark McGeever Attending: Finance and Corporate Resources C Lyon, Administration Officer; D McLardy, Legal Services’ Adviser; L Steele, Licensing and Registration Assistant; L Wyllie, Administration Assistant 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 29 April 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Civic Licence Applications Determined under Delegated Authority – January to March 2025 A report dated 25 April 2025 by the Executive Director (Finance and Corporate Resources) was submitted on civic licence applications determined under delegated authority in the period January to March 2025. Applications for grant or renewal of licences under the Civic Government (Scotland) Act 1982 (as amended) must be processed within statutory timescales. Delegated authority had been given to determine various types of civic licensing application, through the Council’s Scheme of Delegation. Delegated authority was limited, and certain applications still required to come to the Committee for determination, for instance where there were certain objections or there was a representation from Police Scotland, depending upon the nature of the application in question. In the period between April 2024 and March 2025, there were 615 new licence applications granted, and 963 licences renewed under delegated authority. As at 31 March 2025, there were 4,824 licences in operation. 2 5
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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 showed a summary of current licences and applications, were available on the Council’s website. The Committee decided: that the report be noted. 4 Urgent Business There were no items of urgent business. 5 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. 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 642 A report dated 23 April 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 642 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 B Yousif. A representation and a further update had been received from Police Scotland and Constable Doria was heard. The Committee decided: that the application by A Alobeid, Flat 3/7, 12 Dobbies Loan Place, Glasgow for the renewal of private hire car driver’s licence No 642 in the Cambuslang and Rutherglen zone be granted for a period of 1 year with the following additional conditions:- that Mr Alobeid meet with the Licensing Standards Officer to go over the conditions of licence to ensure that he understood them that, should Mr Alobeid fail to meet with the Licensing Standards Officer, he would be brought back before this Committee 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term Let Licence A report dated 23 April 2025 by the Executive Director (Finance and Corporate Resources) was submitted on an application for a short term let licence 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 applicant who was not present or represented. An objection had been received from Police Scotland. The Committee decided: that the application by Carroll Homes and Developments Limited and K Carroll for a short term let licence for premises at 74 Cantieslaw Drive, East Kilbride be refused. 8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Short Term Let Licence No SL00228F A report dated 23 April 2025 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether short term let licence No SL00228F 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 K Kazimierczak, Class Living Property Management. There was a requirement for a site notice to be displayed, suitably protected from the elements, on or near to the property, in a position it could be easily read by members of the public, 24 hours a day, for a period of 21 days from the day the application was lodged with the Council. This was to allow people the opportunity to object to the application. In this instance, the site notice had not been properly displayed at the property in 2024, prior to the application being considered. A new site notice had been displayed at the property from 24 February to 16 March 2025 and an objection had been received from J Flavin. The applicant advised that vehicles at the property would be limited to 2 in the driveway and that arrangements would be made for details of the property management company to be provided to neighbours. The Committee decided: that short term let licence No SL00228F in the Cambuslang and Rutherglen zone be not suspended or revoked. 9 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator Licence No 1116 A report dated 24 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 1116 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 not present or represented. The Committee decided: that private hire car operator’s licence No 1116 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of licence. 7
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Report Agenda Item Report to: Licensing Committee Date of Meeting: 3 June 2025 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Taxi Fares 1. Purpose of Report 1.1. The purpose of the report is to:- urpose] update the Committee with the progress of the statutory taxi fares review in the Cambuslang and Rutherglen, Clydesdale, East Kilbride and Hamilton zones of South Lanarkshire, and seek Committee’s approval for the next stage of the review [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the statutory taxi fares review procedure for the Clydesdale and Hamilton zones of South Lanarkshire be further progressed, with the proposal that there should be no increase in the current fares tariff and the tariff should remain unchanged at Appendix 2; (2) that the statutory taxi fares review procedure for the East Kilbride zone of South Lanarkshire be further progressed, with the proposal that there should be an increase of 60 pence over a two mile hire as detailed at Appendix 3; (3) that the statutory taxi fares review procedure for the Cambuslang and Rutherglen zone of South Lanarkshire be further progressed, with the proposal that there should be an increase of 50 pence over a two mile hire and various other increases as detailed at Appendix 1; and (4) that authority be delegated to the Head of Administration and Legal Services to make the necessary arrangements to progress the statutory taxi fares review, with a further report to be submitted to a future meeting of the Committee. [1recs] 3. Background 3.1. In terms of Section 17 of the Civic Government (Scotland) Act 1982 (as amended) Licensing Authorities must review and fix taxi fares in their area at intervals not greater than every 18 months. 3.2. The Council last fixed taxi fares on 27 September 2024, with the last time each zone increased their fares being as follows:- Cambuslang and Rutherglen zone – 15 September 2022 Clydesdale zone – 4 August 2023 Hamilton zone – 27 September 2024 East Kilbride zone– 4 August 2023 3 9
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3.3. The Council has since its inception in 1996 adopted an approach to fixing taxi fares across four zones being Clydesdale, East Kilbride, Hamilton and Cambuslang/Rutherglen. This approach reflected the different arrangements within predecessor authorities and mirrors the areas used for the 4 Alcohol Licensing Divisions. 3.4. In the usual way, the initial requirement of this review is for the Council, as Licensing Authority, to consult with persons or organisations appearing to them to be, or be representative of, the operators of taxis within their Council area. 4. Present Position 4.1. All 39 Cambuslang and Rutherglen operators were written to with 7 operators responding as follows:- 1 operator indicated that they would like the running mile increased to £5.40 6 operators indicated that they would like an increase on the flag fall from £3.90 to £4.40, an increase on the surcharge for hires commencing after 10.00pm and before 5.00am from 60 pence to £1.50 and an increase on waiting times from 25 pence to 30 pence for each period of 60 seconds or any part thereof. Officers took all of the above responses into account and drafted the proposal set out at Appendix 1, as being a reasonable representation of the views received given the number of operators consulted. 4.2. All 95 Clydesdale operators were written to with no responses received. It is therefore proposed that the fares tariff remains as at present, as detailed in Appendix 2. 4.3. All 132 Hamilton operators were written to with 7 operators and Hamilton Taxi Operators Association (TOA) responding as follows:- Hamilton TOA and 5 other operators requested no changes be made 1 operator requested that not exceeding 880 yards £3.80 be increased to not exceeding 880 yards £4 1 operator requested a surcharge of 1/2 of the normal metered fare may be charged for each hire from 6.00am on 24 December until 5.00am on 27 December and from 6.00am on 31 December until midnight on 2 January be extended to end at 5.00am on 3 January Officers took all of the above responses into account, and it is therefore proposed that the fares tariff remains as at present, as detailed in Appendix 1 as being a reasonable representation of the views received given the number of operators consulted. 4.4. The East Kilbride Taxi Operators Association who represent the East Kilbride trade has indicated that they would like an increase on the two mile hire from £6.60 to £7.20 as detailed at Appendix 3. 4.5. As members will be aware, even if there is no increase in the fares tariff, the formal review procedures still require to be undertaken. 10
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4.6. Following consultation with representatives of the trade, the Council is required to review the existing fare scales and propose new scales. The proposed fare scale is required to be advertised for a period of not less than one month, to allow for representations, after which a further report will be brought back to Committee for consideration, and if appropriate, approval. 4.7. There is a right of appeal in respect of any decision Committee makes regarding the new fare scales. This may be exercised by any taxi licence holder and the appeal is made to the Scottish Traffic Commissioner. Guidance issued by the Scottish Government states that the Council should consider the costs of operating a taxi as well as the income available to operators when reviewing and fixing the taxi fare scales. Committee should also avoid restricting any increase based on concern about the impact on passengers. 5. Employee Implications 5.1. None. 6. Financial Implications 6.1. None. 7. Climate Change, Sustainability and Environmental Implications 7.1. No assessment of the impact on the environment has been made as the Civic Government (Scotland) Act 1982 (as amended) does not allow us to take this into account when determining the fares review. 8. Other Implications 8.1. If the fares review is not progressed the Council will be in breach of a statutory duty. 9. Integrated Impact Assessment and Consultation Arrangements 9.1. There is no requirement to carry out an impact assessment in terms of the proposals contained within this report. 9.2. Consultation with the taxi trade has been carried out to ascertain views on whether or not there should be an increase in taxi fares this year. This has informed this report, and the proposals for the next stage of the review process. Jackie Taylor Executive Director (Finance and Corporate Resources) 15 May 2025 Link(s) to Council Values/Priorities/Outcomes Focused on people and their needs Previous References None List of Background Papers None 11
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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 12
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Appendix 1 Current Fares Tariff showing proposals (Cambuslang and Rutherglen Zone) Exclusive Hire means that a single fare is payable by any one passenger for the exclusive hire of a taxi or private hire car, whether or not more than one passenger is carried. HIRE of Taxi/Private Hire Car (fitted with a taxi meter):- not exceeding 880 yards £3.90 (Proposed £4.40) for the next NINE additional 293 yards or any part 30 pence thereafter each additional 264 yards or any part 20 pence (an average 2 mile hire of £6.60) (Proposed an average 2 mile hire of £7.10) (10.7% increase) BEYOND THE AREA OF CAMBUSLANG AND RUTHERGLEN ZONE - subject to special agreement in advance with the hirer. FARES FOR WAITING TIME – 25 pence (Proposed 30 pence) (20% increase) for each period of 60 seconds or any part thereof (£15 per hour) (Proposed £18 per hour) FARES BY TIME - subject to special agreement in advance with the hirer. NO FARE CHARGEABLE - for vacant return journey of the taxi/private hire car from the destination of hirer. SOILAGE CHARGE - the hirer will pay a soilage charge of £30 if the vehicle is soiled due to sickness caused by alcohol or drugs, any take-away spillage or any other fouling of the vehicle. It shall not be charged if the vehicle is soiled either due to a child being sick or due to genuine illness. SURCHARGES (1) a surcharge of 60 pence (Proposed £1.50) (150% increase) may be charged on all hires commenced after 10 pm and before 5 am. (2) a surcharge of 1/3rd of the normal metered fare may be charged for each hire from 6am on 24th December until 5am on 27th December and from 6am on 31st December until midnight on 2nd January. (3) a surcharge, to be specially agreed in advance with the hirer, may be charged for 5 or more passengers hiring a people carrier type car. (4) a surcharge of 10 pence may be charged for each passenger beyond 2. 13
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Appendix 2 Current Fares Tariffs Clydesdale Zone Not exceeding one mile £3.50 For EACH additional 88 yards or any part thereof 13 pence (an average 2 mile hire of £6.10) Hamilton Zone Not exceeding 880 yards £3.80 For each additional 220 yards or any part thereof 20 pence (an average 2 mile hire of £6.20) 14
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Appendix 3 Current Fares Tariff showing proposals (East Kilbride Zone) Exclusive Hire means that a single fare is payable by any one passenger for the exclusive hire of a taxi or private hire car, whether or not more than one passenger is carried. HIRE of Taxi/Private Hire Car (fitted with a taxi meter) – Not exceeding 880 yards £3.60 (Propose £4.00) (Propose) Thereafter followed by an immediate increment of £0.20 For the next six additional 146.7 yards or any part £0.20 For the next six additional 295.3 yards or any part £0.30 Thereafter each additional 246 (Propose 117.3) yards or any part £0.20 (Propose £0.10) (an average 2 mile hire of £6.60 (Proposed an average 2 mile hire of £7.20) (8.69% increase over a 2 mile hire) BEYOND THE AREA OF EAST KILBRIDE ZONE – may be subject to surcharge of 1/3rd of the normal metered fare. WAITING TIME – 25 pence for each period of 60 seconds or part thereof (£15 per hour). STOPPAGE(S) AT THE REQUEST OF HIRER – 20 pence for each period of 60 seconds or part thereof (£12 per hour). FARES BY TIME - subject to special agreement in advance with the hirer. NO FARE CHARGEABLE - for the vacant return journey of a taxi/private hire car from destination of the hirer. SOILAGE CHARGE - the hirer will pay a soilage charge of £50 if the vehicle is soiled due to sickness caused by alcohol or drugs, any take-away spillage or any other fouling of the vehicle. It shall not be charged if the vehicle is soiled either due to a child being sick or due to genuine illness. CALLED BUT NOT USED – when a hired car is called but not used - £3.60 SURCHARGES (1) a surcharge of 80 pence may be charged for each hire begun between the hours of 10pm and 5am. A further surcharge of 40 pence may be charged for each hire begun between the hours of 10pm and 5am each Friday into Saturday and Saturday into Sunday. (2) a surcharge of 1/2 of the normal metered fare may be charged for each hire from 6am on 24th December until 5am on 27th December and from 6am on 31st December until midnight on 2nd January. (3) a surcharge, to be specially agreed in advance with the hirer, may be charged for 5 or more passengers hiring a people carrier type car. 15
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