Agenda Document Pack - Licensing Committee - 11/02/2025
South Lanarkshire Council · 11 February 2025
Back to Licensing Committee — 11 February 2025 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, 03 February 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, 11 February 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), Poppy Corbett, Margaret Cowie, Julia Marrs, Catherine McClymont, 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 17 December 2024 submitted for approval as a correct record. (Copy attached) 5 - 8 3 Minutes of Special Meeting Minutes of the special meeting of the Licensing Committee held on 20 January 2025 submitted for approval as a correct record. (Copy attached) 9 - 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’s Licence No 1265 • Exempt information in terms of Paragraph 6 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 2238 • 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 Private Hire Car Operator’s Licence No 2447 • 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’s Licence No 2455 • 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 773 • Exempt information in terms of Paragraph 6 of Part I of Schedule 7A of the Act 2
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11 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 243 • 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 Driver’s Licence No 689 • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 13 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Driver’s Licence • Exempt information in terms of Paragraph 14 of Part I of Schedule 7A of the Act 14 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 15 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Operator’s Licence • Exempt information in terms of Paragraph 14 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 17 December 2024 Chair: Councillor Andy Carmichael Councillors Present: Councillor Poppy Corbett, Councillor Margaret Cowie, Councillor Julia Marrs, 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 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Licensing Committee held on 26 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 Meetings The minutes of the special meetings of the Licensing Committee held on 19 November 2024 and 3 December 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 Paragraphs 6 and 14 of Part I of Schedule 7A of the Act. 2 5
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6 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Private Hire Car Driver’s Licence A report dated 27 November 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 Legal Services’ Adviser intimated that the application required to be determined today. 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 refused. [Reference: Minutes of 6 November 2024 (Paragraph 4)] Councillor Cowie joined the meeting after this item of business 7 Civic Government (Scotland) Act 1982 (As Amended) - Application for Grant of Taxi Driver’s Licence A report dated 27 November 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 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 A Ande, Flat 1/2, 23 Cathay Street, Glasgow for the grant of a taxi driver’s licence in the Cambuslang and Rutherglen zone be refused. 8 Civic Government (Scotland) Act 1982 (As Amended) - Application for Renewal of Private Hire Car Driver’s Licence No 934 A report dated 27 November 2024 by the Executive Director (Finance and Corporate Resources) was submitted on an application for the renewal of private hire car driver’s licence No 934 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. The Committee decided: that the application by S Bhutta, 38 Rosevale Street, Glasgow for the renewal of private hire car driver’s licence No 934 in the Cambuslang and Rutherglen zone be refused. 6
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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 A report dated 27 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 2253 and taxi driver’s licence No 204 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. A letter of complaint had been received from Police Scotland. The Committee decided: that private hire car operator’s licence No 2253 and taxi driver’s licence No 204 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of licence. 10 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2168 A report dated 27 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 2168 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 2168 in the Cambuslang and Rutherglen zone be suspended with immediate effect for the remainder of the period of licence. 11 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2431 A report dated 27 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 2431 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 heard in support of retaining his licence. The Committee decided: that private hire car operator’s licence No 2431 in the Cambuslang and Rutherglen zone be not suspended or revoked but a warning given that the licence holder must comply with all conditions of licence. Councillor Cowie left the meeting during this item of business 7
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12 Civic Government (Scotland) Act 1982 (As Amended) - Consideration of Suspension or Revocation of Private Hire Car Operator’s Licence No 2445 A report dated 27 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 2445 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 heard in support of retaining his licence. The Committee decided: that private hire car operator’s licence No 2445 in the Cambuslang and Rutherglen zone be suspended for a period of 1 month from 17 December 2024. Chair’s Closing Remarks The Chair extended the compliments of the season to all members and officials present. 8
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LICENSING COMMITTEE Minutes of special meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 20 January 2025 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 Paragraph 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 30 December 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). On 17 December 2024, this Committee agreed to refuse the application. However, following that meeting it had become apparent that there had been an error on the citation for the Committee that had been issued to the applicant in terms of the meeting time. Following consultation with the Chair, it was agreed to schedule a further hearing to enable the applicant to be heard, in accordance with the principles of natural justice. 3 9
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In terms of Standing Order No 19, in view of the above-mentioned error and following consultation with the Chair, it was considered that there was sufficient basis for the Chair to rule that there had been a material change of circumstances and for the Committee to consider afresh the application. 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 W Talat. An objection had been received from Police Scotland and Sergeant Hinshelwood was heard. 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 refused. [Reference: Minutes of 17 December 2024 (Paragraph 6)] 10