Agenda Document Pack - Licensing Committee - 26/11/2024
South Lanarkshire Council · 26 November 2024
Back to Licensing Committee — 26 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, 18 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, 26 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, 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 12 November 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 6 November 2024 submitted for approval as a correct record. (Copy attached) 7 - 10 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 and Private Hire Car Driver Licences • 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 Driver’s Licence No 677 • 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 Grant of a Public Entertainment 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 Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 12 November 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, 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; 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 8 October 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Minutes of Special Meeting The minutes of the special meeting of the Licensing Committee held on 1 November 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 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 Paragraph 6 of Part I of Schedule 7A of the Act. 2 3
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6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Short Term Let Licence No SL000148F A report dated 22 October 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether short term let licence No SL000148F be suspended or revoked in terms of the Civic Government (Scotland) Act 1982 (as amended). On 23 April 2024, this Committee had granted short term let licence No SL000148F for a period of 1 year with additional conditions, as detailed in paragraph 4.3 of the report. 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 but was represented by E Woolfe, Property Manager, Pillow Partners. K Perrie, Pillow Partners was also present. A report had been received from the Council’s Licensing Standards Officer and Authorised Officer and F Carroll, Licensing Standards Officer was heard. The Committee decided: that short term let licence No SL000148F be not suspended or revoked but the licence be monitored by the Licensing Standards Officer for the remainder of the period of licence. [Reference: Minutes of 23 April 2024 (Paragraph 8)] 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Short Term Let Licence A report dated 23 October 2024 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). 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 in support of his application. K Shanks, BNBHost Limited was also heard. Objections had been received from local residents and the following objectors were present and heard:- ♦ J and J Boyle ♦ A and M Bradley ♦ D Devenney ♦ R Lamont representing M Lamont A report had been received from the Licensing Standards Officer and Authorised Officer under the Civic Government (Scotland) Act 1982 regarding unlicensed activity and G Margiotti, Licensing Standards Officer was heard. A response had been received from the applicant. 4
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The Committee decided: that the application for a short term let licence be granted for a period of 1 year subject to the conditions specified by the Executive Director (Finance and Corporate Resources) and the following additional conditions:- Licence Holder: Top Marks for Property Limited and BNBHost Ltd Type of Licence: Short term let Address of Premises: 44 Dalrymple Crescent, Rutherglen Category: Secondary letting Occupancy: 3 to 6 persons Additional Conditions: Commercial bins must be used at all times, and the licensee must remove Council issued bins which should not be used by customers of the licensee All customers must park responsibly and wholly within the driveway of the licensed premise The licensee shall procure that detailed information be given to tenants of the instructions/rules Direct contact number of the letting/managing agent to be given to all neighbours of the licensed premise Check in and out times of customers of the licensee shall be between the hours of 10.00am and 6.00pm All of the above must be in place to a satisfactory standard as determined by the Council no later than 2 months from today. The Council shall arrange for its Licensing Standards Officer to visit the premises as soon as reasonably practicable after the 2 month period to confirm and report back to Committee if necessary The licensee shall be responsible for arranging entry to the licensed premise for the Licensing Standards Officer at least 6 times within the 1 year term of the licence 5
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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 6 November 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, 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; D McLardy, Legal Services’ Adviser; L Steele, Licensing and Registration Assistant; L Wyllie, Administration 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 Paragraphs 6 and 14 of Part I of Schedule 7A of the Act. 4 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 9 October 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for grant of a private hire car 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 not present or represented. An objection had been received from Police Scotland. The Council’s Legal Services’ Adviser intimated that the applicant was unable to attend today’s hearing and advised that the hearing could be continued to a future meeting to allow the applicant a further opportunity to be present or could be dealt with in the applicant’s absence. 3 7
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Following discussion, the Committee agreed that the hearing be continued to a future meeting to allow the applicant to be present. The Committee decided: that the application by H M S Haroun, Flat 2/2, 263 Langside Road, Glasgow for the grant of a private hire car driver’s licence in the Cambuslang and Rutherglen zone be continued to a future meeting of this Committee to allow the applicant the opportunity to be present. 5 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Late Hours Catering Licence A report dated 9 October 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for grant of a late hours catering 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 in support of his application. Representations had been received from Councillors Devlin, McCreary and Johnston-Dempsey. Councillor Johnston-Dempsey was present and heard in support of his representation. A further representation had been received from Councillor McCreary which was read to Committee by the Legal Services’ Adviser. The Committee decided: that the following application for grant of a late hours catering licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources:- Applicant: AA7 Burgers Ltd and A Ali Type of Licence: Late hours catering Address of Premises: 88 Main Street, Uddingston Proposed Days/Hours: Friday and Saturday from 11.00pm until 1.00am Sunday from 11.00pm until 12 midnight Days/Hours Granted: Friday and Saturday from 11.00pm until 12 midnight Sunday from 11.00pm until 12 midnight Councillor Marrs, as the mover of an amendment which failed to find a seconder, asked that her dissent be recorded 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Street Trader’s Licence No 007 A report dated 17 October 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of street trader’s licence No 007 in terms of the Civic Government (Scotland) Act 1982 (as amended). On 19 March 2024, this Committee agreed to suspend street trader’s licence No 007 for the unexpired portion of the duration of the licence. 8
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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 present and heard in support of his application. A representation had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that the application by J Sneddon, 2 Bowling Green Grove, Cambuslang for the renewal of street trader’s licence No 007 in the Cambuslang and Rutherglen zone be granted. [Reference: Minutes of 19 March 2024 (Paragraph 8)] 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Market Operator's 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 market operator’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 S McGowan, Solicitor. An objection had been received from A Hamilton. A late objection had been received from South Lanarkshire Council Roads Service. The Legal Services’ Adviser intimated that the late objection had been withdrawn. An updated plan had also been received from the applicant. The Committee decided: that the following application for grant of a market operator’s licence be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources:- Applicant: L Fairfull Type of Licence: Market operator Address of Premises: Bothwell Bridge Hotel, 89 Main Street, Bothwell Proposed Days/Hours: Twice monthly on a Saturday from 10.00am to 4.00pm Days/Hours Granted: Twice monthly on a Saturday from 10.00am to 4.00pm 9
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