Agenda Document Pack - Licensing Committee - 12/11/2024
South Lanarkshire Council · 12 November 2024
Back to Licensing Committee — 12 November 2024 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 Monday, 04 November 2024 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, 12 November 2024 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, Monique Equi, Julia Marrs, 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 8 October 2024 submitted for approval as a correct record. (Copy attached) 3 - 6 3 Minutes of Special Meeting Minutes of the special meeting of the Licensing Committee held on 1 November 2024 submitted for approval as a correct record. (Copy attached) 7 - 8 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 Paragraph 6 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 Short Term Let Licence No SL000148F • Exempt information in terms of Paragraph 6 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 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 MS Teams and in Committee Room 1, Council Offices, Almada Street, Hamilton on 8 October 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Margaret Cowie, Councillor Julia Marrs, Councillor Kenny McCreary (substitute for Councillor Poppy Corbett), Councillor Mark McGeever, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors' Apologies: Councillor Poppy Corbett, Councillor Monique Equi, 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 1 Declaration of Interests The following interest was declared:- Councillor(s) Item(s) Nature of Interest(s) Carmichael Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of a Market Operator Licence Known to applicant 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 17 September 2024 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) - Application for Grant of a Market Operator Licence A report dated 18 September 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for grant of a market operator 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 represented by L Laing and R Davidson. An objection had been received from Councillor Nelson. The Committee decided: that the following application for the grant of a market operator licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources:- Applicant: Gouldings Limited t/a Valley View at Gouldings, Dalpatrick Farm, Rosebank and R Davidson Type of Licence: Market operator Premises: Valley View at Gouldings, Lanark Road, Rosebank Days/Hours Requested: Every Saturday and Sunday in November each year from 10.00am to 4.00pm Days/Hours Granted: Every Saturday and Sunday in November each year from 10.00am to 4.00pm Councillor Carmichael, having declared an interest in the above item of business, withdrew from the meeting during its consideration. Councillor Thomson took the Chair for this item only 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver’s Licence A report dated 18 September 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for grant of a taxi driver’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 E Braceland, Solicitor. A representation had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that the application by G Bigingo, 9 Dornoch Way, Blantyre for the grant of a taxi driver’s licence in the Hamilton zone be refused. 7 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Taxi Operator’s Licence No 070 A report dated 18 September 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether taxi operator’s licence No 070 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 accompanied by P Blackwood, Office Manager, East Kilbride TOA. 4
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Following discussion, Councillor Shearer, seconded by Councillor Carmichael, moved that the licence be suspended for a period of 1 month. By way of amendment, Councillor Marrs, seconded by Councillor McCreary, moved that the licence be suspended for a period of 2 weeks. On a vote being taken by roll call, members voted as follows:- Motion Andy Carmichael, Margaret Cowie, Mark McGeever, David Shearer, Bert Thomson Amendment Julia Marrs, Kenny McCreary, Helen Toner 5 members voted for the motion and 3 for the amendment. The motion was declared carried. The Committee decided: that taxi operator’s licence No 070 in the East Kilbride zone be suspended for a period of 1 month from 8 October 2024. In terms of Standing Order No 14, the Chair adjourned the meeting at 11.48am and reconvened at 12.00 noon 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for a Temporary Public Entertainment Licence A report dated 18 September 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for a temporary public entertainment 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 heard, along with J Ritchie, in support of the application. Representations had been received from the Scottish Fire and Rescue Service and T Keay, Group Commander was heard. Views had been received from the applicant. A representation had been received from Police Scotland and Sergeant Hinshelwood was heard. Views had been received from the applicant. A representation had been received from Environmental Services and A Macleod, Environmental Health Team Leader, Community and Enterprise Resources was heard On 13 December 2021, this Committee had granted a similar application with additional conditions, as detailed in paragraph 4.8 of the report. The applicant had requested that the size of the bonfire be increased to 7 metres by 6 metres at the base and the height of the bonfire be 3 metres. The Committee decided: that the following application for a temporary public entertainment licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources:- Applicant: Biggar Community Council and A Stewart Type of Licence: Temporary public entertainment Location of Event: Biggar Corn Exchange, 126 High Street, Biggar 5
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Type of Entertainment: Biggar Hogmanay Bonfire event Days/Hours Requested: 31 December 2024 to 1 January 2025 from 8.45pm to 4.00am Days/Hours Granted: 31 December 2024 to 1 January 2025 from 8.45pm to 4.00am Additional Condition: All conditions specified by the Scottish Fire and Rescue Service (except for the size of the bonfire), Police Scotland and Environmental Services to be adhered to 6
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LICENSING COMMITTEE Minutes of special meeting held via MS Teams and in Committee Room 1, Council Offices, Almada Street, Hamilton on 1 November 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Margaret Cowie, Councillor Julia Marrs, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner Councillors' Apologies: Councillor Poppy Corbett, Councillor Monique Equi, Councillor Joe Fagan (ex officio), Councillor Mark McGeever Attending: Finance and Corporate Resources C Lyon, Administration Officer; D McLardy, Legal Services’ Adviser; K McLeod, Administration Assistant; L Robertson, Licensing and Registration Team Leader; L Steele, Licensing and Registration Assistant 1 Declaration of Interests No interests were declared. 2 Urgent Business There were no items of urgent business. 3 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. 4 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of a Temporary Public Entertainment Licence A report dated 22 October 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a temporary public entertainment 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 B Curl. A representation had been received from Environmental Services. Observations had been received from local residents and S Cassells and D Benson were heard. 3 7
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The following had been received:- ♦ views from the applicant ♦ 12 intimations of support from community members ♦ further observations, including 2 revised observations, from local residents ♦ views from the applicant on those observations ♦ a further letter of support ♦ additional information from the applicant in support of his application ♦ a further observation from a local resident which the Legal Services’ Adviser read to Committee The Committee decided: that the following application for grant of a temporary public entertainment licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources:- Applicant: Blackmount Social Group and A Muirhead Type of Licence: Temporary public entertainment Location of Event: Field opposite Dolphinton Parish Church Type of Entertainment: Firework display Proposed Days/Hours: 5 November 2024 from 6.00pm to 8.00pm (Firework display estimated from 7.00pm to 7.20pm) Days/Hours Granted: 5 November 2024 from 6.00pm to 8.00pm (Firework display estimated from 7.00pm to 7.20pm) Additional Condition: All conditions specified by Environmental Services to be adhered to 8