Agenda Document Pack - Licensing Committee - 17/12/2024
South Lanarkshire Council · 17 December 2024
Back to Licensing Committee — 17 December 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, 09 December 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, 17 December 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 26 November 2024 submitted for approval as a correct record. (Copy attached) 5 - 8 3 Minutes of Special Meetings Minutes of the special meetings of the Licensing Committee held on 19 November 2024 and 3 December 2024 submitted for approval as a correct record. (Copies 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) - Application for Grant of Private Hire Car Driver’s Licence • 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 Grant of Taxi Driver’s Licence • 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 Private Hire Car Driver’s Licence No 934 • Exempt information in terms of Paragraph 14 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’s Licence No 2253 and Taxi Driver’s Licence No 204 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 2
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10 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2168 • 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 2431 • 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 2445 • 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 26 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 The following interests were declared:- Councillor(s) Item(s) Nature of Interest(s) Cowie and Marrs Civic Government (Scotland) Act 1982 (As Amended) – Application for Grant of a Public Entertainment Licence Known to applicant 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 12 November 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 6 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. 2 5
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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) - Consideration of Suspension or Revocation of Private Hire Car Operator and Private Hire Car Driver Licences A report dated 5 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted:- ♦ advising on action taken, in terms of Standing Order No 37(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 2077 and private hire car driver’s licence No 968, with effect from 31 October 2024 ♦ proposing that consideration be given to whether private hire car operator’s licence No 2077 and private hire car driver’s licence No 968 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 R Tarar. A complaint had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: (1) that the action taken, in terms of Standing Order No 37(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 2077 and private hire car driver’s licence No 968, with effect from 31 October 2024, for a maximum period of 6 weeks, be noted; (2) that private hire car operator’s licence No 2077 be not suspended or revoked with the condition that the licence holder would have no involvement in the vehicle when it was being used as a private hire car; and (3) that private hire car driver’s licence No 968 for the Cambuslang and Rutherglen zone be revoked 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 677 A report dated 6 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car driver’s licence No 677 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 S Yemane. A complaint had been received from Police Scotland and Sergeant Hinshelwood was heard. 6
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The Committee decided: that private hire car driver’s licence No 677 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of licence. 8 Civic Government (Scotland) Act 1982 (As Amended) – Application for Grant of a Public Entertainment Licence A report dated 5 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the grant of a public entertainment licence in terms of the Civic Government (Scotland) Act 1982 (as amended). The Legal Services’ Adviser intimated that Environmental Services had withdrawn their objection to the application, therefore, a hearing was no longer required, and the application would be dealt with under delegated authority. The Committee decided: to note that a hearing was no longer required. Councillors Cowie and Marrs, having declared an interest in the above item of business, were not required to withdraw from the meeting as a hearing was no longer required 7
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LICENSING COMMITTEE Minutes of special meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 19 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 The following interest was declared:- Councillor(s) Item(s) Nature of Interest(s) Carmichael Civic Government (Scotland) Act 1982 (As Amended) - Application to Vary the Terms of Public Entertainment Licence No 20 Known to applicant 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 to Vary the Terms of Public Entertainment Licence No 20 A report dated 30 October 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application to vary the terms of public entertainment licence No 20 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. 3 9
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The Committee decided: that the following application to vary the terms of public entertainment licence No 20 be granted subject to the conditions specified by the Executive Director (Finance and Corporate Resources:- Applicant: Gouldings Limited t/a Valley View at Gouldings and R Davidson Type of Licence: Public entertainment Address of Premises: Lanark Road, Rosebank Current Activities: Soft Play Area, Adventure Park, Santa’s Grotto and Halloween Activities Variation: To include Breakfast and Supper Events, Pantomime Events and Magic Shows 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 5 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 30 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 present and heard in support of his application. An objection had been received from Police Scotland and Sergeant Hinshelwood was heard. The Committee decided: that the application by J McKee, 26 Waverley, East Kilbride for the grant of a private hire car driver’s licence in the Hamilton zone be refused. 6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 30 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 had requested that the application to be dealt with in his absence. Following discussion, the Committee agreed to proceed with the hearing without the applicant present. The Committee decided: that the application by G McCafferty, 134 Neilsland Road, Hamilton for the grant of a private hire car driver’s licence in the Hamilton zone be refused. 10
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7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 30 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 present and heard in support of his application. A representation had been received from Police Scotland and Sergeant Hinshelwood was heard. Following discussion, Councillor Carmichael, seconded by Councillor Cowie, moved that the application be refused. Councillor Marrs, seconded by Councillor Toner, moved as an amendment that the application be granted for a period of 1 year. On a vote being taken using the electronic voting system, 4 members voted for the motion and 3 for the amendment. The motion was declared carried. The Committee decided: that the application by N Farooq, 218 Whitacres Road, Glasgow for the grant of a private hire car driver’s licence in the Cambuslang and Rutherglen zone be refused. 11
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LICENSING COMMITTEE Minutes of special meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 3 December 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; K McMahon, 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) Thomson Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 583 Known to applicant 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) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 583 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 583 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. 3 13
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The Committee decided: that private hire car operator’s licence No 583 in the Hamilton zone be not suspended or revoked but a warning given that the licence holder must comply with all conditions of licence. Councillor Thomson, having declared an interest in the above item of business, withdrew from the meeting during its consideration 5 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 639 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 639 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 not present or represented. The Committee decided: that private hire car operator’s licence No 639 in the Hamilton zone be suspended with immediate effect for the remainder of the period of the licence. 6 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1104 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 1104 be suspended or revoked. The Legal Services’ Adviser intimated that the licence holder had surrendered his licence, therefore, there was no requirement for a hearing. The Committee decided: to note that a hearing was no longer required. 7 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 1489 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 1489 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 not present or represented. The Committee decided: that private hire car operator’s licence No 1489 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 14
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8 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2146 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 2146 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. The Committee decided: that private hire car operator’s licence No 2146 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 9 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2220 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 2220 be suspended or revoked. The Legal Services’ Adviser intimated that the licence had now expired, therefore, there was no requirement for a hearing. The Committee decided: to note that a hearing was no longer required. 10 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2367 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 2367 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 not present or represented. The Committee decided: that private hire car operator’s licence No 2367 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 11 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2394 A report dated 14 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted proposing that consideration be given to whether private hire car operator’s licence No 2394 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 not present or represented. 15
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The Committee decided: that private hire car operator’s licence No 2394 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of the licence. 16